Author Topic: Suggestion(s) for next steps??  (Read 1001 times)

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underaware

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Suggestion(s) for next steps??
« on: May 05, 2012 03:23:27 PM »
After spending the last couple of weeks reading through various posts, I had to join...and wondered 'where have you guys been all my life?!'

That being said, I need some advice.

I've just started on the debt validation road with numerous CA/JDB's trying to rid my destroyed CR of items I've continued (unsuccessfully) to dispute with the CRA's.  I sent letters a couple of weeks ago following soem of the suggestions I found on here.

My first response (if you want to call it that) came yesterday from MCM and their response went something like this:

"We received your letter.  We determined the credit file and reporting is accurate.  We deny the inaccuracy of your dispute.  Investigation closed, we are reporting to CRA's as 'disputed'."

No supporting documentation, no attempt to fulfill my request at all.  I'm baffled really - oh and the 'current balance' has increased since the last credit pull.

My question is this - what next?  Is the next step to send this and copy of original DV letter to CRA's?  Do I send another DV request to them?  Is there a follow-up letter I send since the completely didn't do anything they're required to do??

Help appreciated!!  And thank you for all of the great information on this board...I'm fired up!

(admin - my apologies upfront if this includes improper formatting)
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

cprems

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Re: Suggestion(s) for next steps??
« Reply #1 on: May 05, 2012 03:50:29 PM »
What State are you in?

How old are these alleged debts?

When was the last payment on these alleged debts?

MCM is a junk debt buyer. They purchase old and usually Out Of Statute (OOS) debts for pennies on the dollar.
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 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

underaware

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Re: Suggestion(s) for next steps??
« Reply #2 on: May 05, 2012 07:25:40 PM »
I'm in Texas. 

Alleged debt is 2008 (not 100% sure what month without looking at my CR)

Last payment to OC would have been probably July/Aug of '08.

OC is Target Nat'l Bank.
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

ladygarner

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Re: Suggestion(s) for next steps??
« Reply #3 on: May 05, 2012 07:40:04 PM »
Did you specifically ask for validation of the alleged debt?

You just happen to live in the most debtor friendly State in the USA.

By law, no matter how long you wait to request validation, they are required to provide validation. Texas is the only State that requires it.

As for credit reporting, they are only required to report accurately. Read up on the FCRA.

Also read up on the FDCPA and Texas state law. You are about to find out just how great Texas  really is!

« Last Edit: May 05, 2012 07:44:40 PM by ladygarner »
Thanks to all that helped me go from :-[ to :karate: 

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cprems

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Re: Suggestion(s) for next steps??
« Reply #4 on: May 05, 2012 07:42:38 PM »
Welcome fellow Texan.

Texas SOL is 4 years from the date of last payment. Under Texas law, you can demand validation at any time and they MUST respond.

Read and understand the Texas Finance Code 392 (TFC392)

You are creeping up on the SOL. If it were me, I'd go radio silent until the SOL has passed. This is the easy way out.

Or, you can demand validation as required under Texas law and see what they produce.

Read and understand the requirements of the TFC392. Texas law is very consumer friendly and has more teeth than the FDCPA. Anytime you DV, use ONLY Texas law. Steer clear of the FDCPA if you are a Texas resident.


I'm in Texas. 

Alleged debt is 2008 (not 100% sure what month without looking at my CR)

Last payment to OC would have been probably July/Aug of '08.

OC is Target Nat'l Bank.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

underaware

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Re: Suggestion(s) for next steps??
« Reply #5 on: May 05, 2012 08:18:21 PM »
Did you specifically ask for validation of the alleged debt?

You just happen to live in the most debtor friendly State in the USA.

By law, no matter how long you wait to request validation, they are required to provide validation. Texas is the only State that requires it.

As for credit reporting, they are only required to report accurately. Read up on the FCRA.

Also read up on the FDCPA and Texas state law. You are about to find out just how great Texas  really is!

Ladygarner, yes I did specifically request validation.  And unfortunately I noticed after I'd sent it I included WAY too much verbaige based on nearly all of the recommendations here, but it was too late.  My letter included the over the top cut and past from the internet (although I changed up the mojority of the other language, but still):
 
•What the money you say I owe is for;
•Explain and show me how you calculated what you say I owe;
•Provide me with copies of any papers that show I agreed to pay what you say I owe;
 •Provide a verification or copy of any judgment if applicable;
•Identify the original creditor;
•Prove the Statute of Limitations has not expired on this account;
•Show me that you are licensed to collect in my state; and
•Provide me with your license numbers and Registered Agent.

They, of course, didn't answer any of it other than 'yeah it's yours, too bad'.   1214
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

underaware

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Re: Suggestion(s) for next steps??
« Reply #6 on: May 05, 2012 08:20:16 PM »
Yet another reason to love Texas...not that I needed one. 

Am pulling TFC now.  I didn't make any reference to that in my original validation request, just the federal. 

Welcome fellow Texan.

Texas SOL is 4 years from the date of last payment. Under Texas law, you can demand validation at any time and they MUST respond.

Read and understand the Texas Finance Code 392 (TFC392)

You are creeping up on the SOL. If it were me, I'd go radio silent until the SOL has passed. This is the easy way out.

Or, you can demand validation as required under Texas law and see what they produce.

Read and understand the requirements of the TFC392. Texas law is very consumer friendly and has more teeth than the FDCPA. Anytime you DV, use ONLY Texas law. Steer clear of the FDCPA if you are a Texas resident.
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

cprems

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Re: Suggestion(s) for next steps??
« Reply #7 on: May 05, 2012 08:38:29 PM »
Here are Midland's bonds.

Principal Name: Midland Credit Management Inc    # 1
Address:   4302 E. Broadway / 8875 Aero Drive
Phoenix /San Diego, AZ / CA 85040 / 92123
File Number:   20020087
Status:   Active
Date Filed:   5/6/2002
Cancellation Date:   
Phone:   (858) 560-2600
Bonding Company:   RLI Insurance Company 
Bond No:   CMS205664


Principal Name: Midland Funding LLC    # 2
Address:   8875 Aero Drive, Suite 200
San Diego, CA 92123
File Number:   20060020
Status:   Active
Date Filed:   1/26/2006
Cancellation Date:   
Phone:   (858) 560-2600
Bonding Company:   RLI Insurance Company 
Bond No:   CMS212817


Principal Name: Midland Funding NCC-2 Corporation    # 3
Address:   8875 Aero Drive, Suite 200
San Diego, CA 92123
File Number:   20060013
Status:   Active
Date Filed:   1/26/2006
Cancellation Date:   
Phone:   (858) 560-2600
Bonding Company:   RLI Insurance Company 
Bond No:   CMS212815

ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

underaware

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Re: Suggestion(s) for next steps??
« Reply #8 on: May 06, 2012 01:32:21 AM »
CPREMS,

I looked up the TFC, but all I can gather from the information is that they only have to tell me if the debt is accurate or not.  That is, of course, all they told me...tell me what I'm missing?? Are there specifics in another location of what they're required to 'validate'?
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

cprems

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Re: Suggestion(s) for next steps??
« Reply #9 on: May 06, 2012 03:02:27 PM »
Did you dispute with the CRA? Or did you directly demand validation from the CA.

Them saying yep you owe it does NOT represent validation. Validation must come from the OC via the CA.

Texas law is woefully inadequate when it comes to validation. The threshold is very low. As I stated before, if this were my issue, I'd let it sleep until SOL has passed.


CPREMS,

I looked up the TFC, but all I can gather from the information is that they only have to tell me if the debt is accurate or not.  That is, of course, all they told me...tell me what I'm missing?? Are there specifics in another location of what they're required to 'validate'?
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

underaware

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  • Posts: 21
Re: Suggestion(s) for next steps??
« Reply #10 on: May 06, 2012 05:26:14 PM »
I did both - disputed with CRA first (several times with different reasons) and nada.  So then went the validation route but quoted that it was based on FDCRA 15 USC 1692g Sec. 809 (b).

I'll double check the OC date when i'm back in the office on Monday b/c I don't have my CR with me and see exactly when it is set to expire. 

Can I show the CRA that MCM didn't provide proof requested and ask them to remove based on that?


Did you dispute with the CRA? Or did you directly demand validation from the CA.

Them saying yep you owe it does NOT represent validation. Validation must come from the OC via the CA.

Texas law is woefully inadequate when it comes to validation. The threshold is very low. As I stated before, if this were my issue, I'd let it sleep until SOL has passed.
Integrity is forged only in the furnace of criticism and consequences. For the character traits worth having are those you've acquired at the cost of personal sacrifice.

 

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