After Validation to CA question...help?

[despair808]

Okay...so it has been 30 days since Midland has received my four (4) Debt Validation letters that I sent CMRRR. (I sent one letter for each account/TL) They signed for it all on 17 March. Today I check my mailbox and there is nothing in there. I expected not to get anything back from them, but woulda been hella surprised if they did send me something.

My situation is that I never received any notification from them in writing on the four TL's that they are reporting. I found out Midland was reporting them because I pulled my credit reports.

There has been conflicting information so I am trying to get some things clarified. The more I read the more confused I am. So here are my questions.

 

1. Even if I did not get a notification from them, will my Validation Letter still be good and they had 30 days to respond?

 

2. Hypothetically, what if I get validation in the mail from them after the 30 days?

 

3. Do I send them another validation letter and wait another 30 days or an estopple?

 

4. Can I just show the CRA's each CMRRR receipt, card, and letter and ask them to delete since Midland didnt validate?

 

5. What should/would be my next move? My goal is to have the TL's deleted from my CR.

 

Thanks !

Edited April 18, 2014 by despair808

[funkiehouse]

If they sent a letter and you didn't respond, then you have less rights than if you did. If you reply within the first 30 days to their letter, then they would be required to stop collection activities and validate. They can validate anytime but don't have to validate at all if you don't respond in that initial 30 day window. They can say they mailed you an initial communication If you dispute it with the CRAs they will just send the dispute to the CA to verify. I would send a second DV to the address on your reports. It sucks to have to wait it out but this will give you more of a paper trail for elevating it. If you want to get their attention file a BBB but wait 5 more mailing days because it could be postmarked on day 30 and then mailed.

 

I believe your still within SOL, correct? What state were you in again?

 

Just remember that validation to Midland is their form letter with the OC name and amount due. I had to do a really strongly worded 2nd DV and then a CFPB to get rid of one of mine but they responded each time.

 

I would also consider a 623 dispute if you send a second round of DVs and get no response. That would force them to investigate. If they didn't respond to a 623 then you have gas for the fire.

 

I don't usually refer people to About.com but this is pretty accurate from what I understand about validation:

 

http://credit.about.com/od/debtcollection/tp/debt-validation-faq.htm

[despair808]

Thanks funkie...youre always there to help. I appreciate you !

[funkiehouse]

Thanks funkie...youre always there to help. I appreciate you !

 

I know it's not what you want to hear. I had the exact same questions when I started. It always sucks when someone tells you your hands are tied. You can get rid of them it just takes time and a lot of waiting. More people will come along on the morning shift and help out.

[funkiehouse]

The other thing I forgot to mention is to check your state laws. Sometimes they can be very helpful.

 

http://creditboards.com/forums/index.php?showforum=54

[despair808]

Not much help for Hawaii.....as I understand it...6 years.....and I interpret the statute to be that since I live in Hawaii, there is no other states SOL I can use for CC debt because "cause of action" was in or from Hawaii. Am I correct? Anyone know for sure? Am I reading and interpreting wrong....I am not a lawyer....but maybe someone can chime in on this?

Edited April 18, 2014 by despair808

[TX-Bluebonnet]

Okay...so it has been 30 days since Midland has received my four (4) Debt Validation letters that I sent CMRRR. (I sent one letter for each account/TL) They signed for it all on 17 March. Today I check my mailbox and there is nothing in there. I expected not to get anything back from them, but woulda been hella surprised if they did send me something.

My situation is that I never received any notification from them in writing on the four TL's that they are reporting. I found out Midland was reporting them because I pulled my credit reports.

There has been conflicting information so I am trying to get some things clarified. The more I read the more confused I am. So here are my questions.

 

1. Even if I did not get a notification from them, will my Validation Letter still be good and they had 30 days to respond?

 

2. Hypothetically, what if I get validation in the mail from them after the 30 days?

 

3. Do I send them another validation letter and wait another 30 days or an estopple?

 

4. Can I just show the CRA's each CMRRR receipt, card, and letter and ask them to delete since Midland didnt validate?

 

5. What should/would be my next move? My goal is to have the TL's deleted from my CR.

 

Thanks !

 

If the first you heard from the CAs was by seeing them on your credit report then I would go straight to step 4.

There isn't a 30 day dead line to respond to a DV (TX being an exception), but they're required to show it being in dispute and at some point it should to be removed if they don't validate.

623 letters are for the original creditor, but not until after disputing with the CRAs.

[Sandscrit]

Not much help for Hawaii.....as I understand it...6 years.....and I interpret the statute to be that since I live in Hawaii, there is no other states SOL I can use for CC debt because "cause of action" was in or from Hawaii. Am I correct? Anyone know for sure? Am I reading and interpreting wrong....I am not a lawyer....but maybe someone can chime in on this?

Did Midland send you a dunning letter? Sending a validation request letter on accounts that have not passed the state SOL is inviting a lawsuit(s). It is better to wait until the state SOL passes first. Unfortunately Midland does not have to send you validation of the accounts. Hawaii is where the cause of action accrued. Sometimes plaintiffs and defendants will argue choice of law provisions based on where the contract was signed based on current case law.Some states actually have borrowing statutes with other states.

[despair808]

Midland has sent dunning letters...but NOT the letter that states I have 30 days to dispute. It's just a settle today for this much letter....

[ICANHASMUNY?]

? really

 

you never received your FDCPA validation notice letter? have you read the back of the letter also?

 

 

http://creditboards.com/forums/index.php?showtopic=500863&do=findComment&comment=4997011

 

http://creditboards.com/forums/index.php?showtopic=522037

[despair808]

ICANHASMUNY.........Thank you so much for this information !! I got schooled by you on the question you posed of "have you read the back of the letter also?" I scanned it, but did not read it in detail and now I have learned something. I should look more carefully. It's like a DUH moment for me. No wonder a few of Midland accounts as of a few days ago have started to be closed. I sent them a DV letter CMRRR a little more than 30 days ago. Thank you for your reply to this post and thank you for giving me inspiration that all is not for not ! I am assumming now that I can write to the CRA's in about a week from now after the 35 day pariod (it's been about 31 days), and show them prrof that Midland could not/did not validate.....right?

[ICANHASMUNY?]

no, what you do is send midland funding an intent to sue letter for reporting and continued collection activities without validation.

[despair808]

This makes much sense. There is actually so much information and (mis)information here that I am totally confused. Its like starting a new job and not knowing what to do, but eventually, I will get the hang of it. Thanks ICAN !!

Edited April 19, 2014 by despair808