Refusal to validate citing 30 days

[alizain]

I asked Midland to validate a 4 year old frivilous debt, and following their falure to validate I sent them an ITS letter and complained to the CFPB. They responded saying that I only had 30 days from the time they sent me the first letter to dispute the debt.

What case law can I reference to offer my rebutal and how should I respond ?

[Sandscrit]

I asked Midland to validate a 4 year old frivilous debt, and following their falure to validate I sent them an ITS letter and complained to the CFPB. They responded saying that I only had 30 days from the time they sent me the first letter to dispute the debt.

What case law can I reference to offer my rebutal and how should I respond ?

The FDCPA has no provision in it that forces a CA to validate a dispute letter. Is the account marked as disputed? What do you mean by a '4 year old frivilous debt'? If the account is yours then it is not frivilous. Is is out side of the state statute to file a lawsuit to collect a debt?

[Bman125811]

Do they have your correct address?

 

I am currently in an ongoing issue with Midland myself ( http://creditboards.com/forums/index.php?showtopic=536034&do=findComment&comment=5146673 for reference)

 

They used and reported an erroneous address (and phone numbers) on all 3 of my CR's.

 

I am not well versed here at CB yet but I would file a dispute with the CRA's first. Then once they 'verify' go from there.

 

Also do not do an on-line dispute as I did to begin with ~ I have since learned that.

 

Other threads I have found useful:

1 -2 punch: http://creditboards.com/forums/index.php?showtopic=428895

 

Just got through reading through the thread re: CA's reporting as Factoring companies: http://creditboards.com/forums/index.php?showtopic=126422&hl=factoring&page=1

 

And there is the PsychDoc's seminar transcript #1 - Credit Forum - CreditBoards: http://creditboards.com/forums/index.php?showtopic=126133

 

 

There is an overwhelming amount of info here at CB. Read, read, and then read some more. I am still reading.

[Guest]

I asked Midland to validate a 4 year old frivilous debt, and following their falure to validate I sent them an ITS letter and complained to the CFPB. They responded saying that I only had 30 days from the time they sent me the first letter to dispute the debt.

What case law can I reference to offer my rebutal and how should I respond ?

Are you saying that they did not respond to your DV? Contrary to popular belief, they don't HAVE a 30-day limit to respond. (And that sample letter saying so has been removed some time ago.)

 

I also used to put 30 day language in my DV letters. Seems some CAs are wising up that it is not in the laws. I need to re-check the master thread, but.. you can DV at any time, and the 30-day window is a confusing thing.

 

Midland takes themselves too seriously. Deal with as a normal CA.

 

I would send a second DV.

 

I should link the Master Thread, to cite where I got this info. Midland seems to be stating you had 30 days from when they sent THEIR letter, to you. This is incorrect as well, as you can DV anytime.

 

Let me go over to that thread, and re-read it. I speak from memory. But the 30 days... does NOT mean "delete after day 31."

[Guest]

... closest thing I found so far was this. http://creditboards.com/forums/index.php?showtopic=88364

 

Note pryan67's statements throughout.

[alizain]

Dept was valid, but is past the SOL now. I DV'd them and asked that they validate or remove the account. They ignored the letter and recently I sent them an ITS and complained to the CPFB , Midland responded that they have no legal obligation to validate the account and they claim that I only had 30 days to ask for validation from the time the first collection notice was sent to me way back when.

[funkiehouse]

Send a 623 letter. They must respond to that and if they don't, file a suit or contact a FDCPA attorney.

[mizliz1011]

They respond to 623 letters but generally want to know WHAT information is incorrect vs confirming their entry. The law is very weak on 611/623's and you need to dispute some portion of what they are reporting..otherwise it just gets into a squeezing a lemon match.

[ICANHASMUNY?]

Dept was valid, but is past the SOL now. I DV'd them and asked that they validate or remove the account. They ignored the letter and recently I sent them an ITS and complained to the CPFB , Midland responded that they have no legal obligation to validate the account and they claim that I only had 30 days to ask for validation from the time the first collection notice was sent to me way back when.

 

What state are you in ?

 

Some states have validation notice requirements that are good forever, no 30 day limit.

 

and you haven't stated that you never received any letters from them before.... back when. ?

 

if you never received any letters fro midland, read this

 

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

 

 

did you ever receive a phone call and you disputed it verbally?

 

if so, read this;

 

http://creditboards.com/forums/index.php?showtopic=533828