Midland's response to my DV

[Christine-NE]

Short backround:

I DV'd Midland

They sent me a letter asking me to send them canceled checks or other proof on the account. They sent this letter to my home, and to my previous address (which was fwd to my home) about two weeks apart.

I ignored those, and they sent a settlement offer because "I was ignoring previous correspondance"

I sent them a letter basically saying if they couldn't validate, to delete the accounts.

Yesterday, I got another letter from them. Their attempt at validation. A memo from them stating the OC, the amount, that it belongs to "my name and ssn" and the date of charge off.

What do I do now?

[chincheck]

That's not proper validation. Send them an ITS letter.

[Christine-NE]

Honestly I have no desire to file suit. I'm more concerned about them filing. Although if they can't send me validation, I doubt they have much that will hold up in court. If it stays on my report for another two years, so be it. I just know I'm not going to pay the amount they're claiming without proof, and they obviously don't have it.

This being the case, if I just ignore it, what do you think their next step will be?

[chincheck]

If you ignore them, they'll hang around on your credit until it's time to drop off. During that time, monitor your reports to make sure the account ages properly. There is a chance they could sue. If so, answer the lawsuit.

[Btotheizzle]

Frankley you dont hae to file suite, but threaten them with one and they will probably go away. Inclose a filled out small claims form and tell them they have 10 days to delete and get out of your hair. List all their violations. They will probably back down.

[Feel violated]

I can see the position of Christine NE,

Judging from the responce of Midland, they can't validate the debt or obtain anything from the OC. Which is why they were asking for something from Christine--so they would have her validate it for them. There still exists a small but finite possibility that they can go way back to the OC and get validation from the OC---but that would cost Midland time and money. Its more probable Midland can't validate the debt to any level ACCEPTABLE TO A COURT. But they have basically met the level of debt validation under section 809 of the FDCPA.

So where is the violation?

All that has been established so far is that its almost a certainty Midland can't sue ChristineNE in a court of law and hope to win--providing Christine NE shows up to contest.

So my recommendation is that Christine NE follows up her present advantage by another letter to Midland.

That letter need not dispute it as not mine--but would be more powerful if it she did-- but should (1) note that she is aware that debt validation must come come from the OC--and since this did not come from the OC, does not constitute debt validation. (2) Second she should make a clear statement saying she would NEVER consider paying anything until Midland PROVES they own the right to collect this---show chain of title, prove the debt was bought with a clear right to collect--show this agreement (3) Show that they are licenced to collect in your state, registered agent, and all that stuff. (4) A clear statement to the effect you will soon be writing to all CRA's demanding a deletion from your credit reports--in short you are using the second punch in the one two punch--and Midland can verify to the CRA's at their own PERIL. (5) Include a mini-miranda to the effect that you will use any and all information obtained against them. (6) Send cmrrr to Midland---wait until the green card comes back---wait a few days--and begin disputing with the CRA's.

Form letters that say that with proper legalese are easily downloaded and modified on this web site. And if nothing else--make the unmistakable statement that you are not just some dumb consumer ignorant of your legal rights---and they won't get to pull any of their usual crap that seperate the ignorant from their money when they have zero validation.

If nothing else--afterwords--ChristineNE may be able to breathe easier---with Midland possibly verifying to the CRA's but too terrified to actually sue. And also buys more time for Christine NE to collect actual violations---and then if she does not like the status qoa of letting the debt sit on her CRA's until it dies in SOL--she can sue Midland.

Christine NE--------you hit Midland once and they popped up wounded but still standing.
NOW HIT THEM AGAIN HARDER.---if they can't come up with validation from the OC
they can't hit you back. SO USE THEM AS THEY WERE INTENDED TO BE USED--AS
YOUR PERSONAL PUNCHING BAG.---feeling frustrated---hit your punching bag---you will feel better in no time. With some luck they will give you some clear violations. Then you can use them as your personal piggy bank.