Validation Letter
Filed Under: Collections
Filed Under: Collections
The debt validation is the beginning of eliminating the account. Some say “a debt is a debt is a debt” and pay up. However, if the “owner” who has purchased the alleged account in a portfolio is junk debt and worthless – PROVE IT. The law says to prove it. If major corporations cook the books in accounting, then what makes you think that collection agencies would not create fake documentation to look legitimate. It happens all the time. Collection agencies can and do operate as a business. That is not unusual. They also operate as fake attorneys offices. Unless you are aware of these facts, you are helpless. You must write the agency and ask for proof. Letters from debt collectors are not to be ignored.
It is imperative to document all action for your records. This basically states “do not contact me until you can send valid documents”.
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Dear Next Level Credit-
What a great Site! My wife is currently being summoned by portfolio recovery sesrvices for an alleged credit balance of $3700 the summoms requires response within 20 days of feb 24 2010 notice.
Note creditor is listed as CACH LLC. We’ve dealt with CACH whom in 2008 used the judgement by default against her. Even attending numerous court dates, we missed a critical summons. According to cort clerk here in Mass summons need not be physically handed to defendant or family member. Luckily we did get the summons in time to respond. We think this could possibly be and old $2k(SOL) Providian account my wife had major trouble with. What we need is to send Validation Of Debt letter request to CACH LLC. What should this type of letter include as her response?
What do you think? thanks john Panna
John,
Thanks for your comment. We are glad this information is helful to you. An Answer & Affirmative Defenses needs to be filed to the court. The SOL can be one of your affirmative defenses and in the answer. SOL is hard to prove in the court. The VOD letter will not be sufficient at this time because now this is a court case. However, this can be used in your answer. Did you receive any correspondence from PRA prior to the summons?
You can answer the complaint Pro Se or with an attorney. Contact us for more resources.
~Next Level Credit~
Dean Next Level Credit,
My wife owe $14K debt on a BofA credit card and was handed over to Midland Credit Management. When I check my wife experian credit report it show that the last payment for BofA was made in 2/2007 and was transfer/sold. I believe this is the same account that was transfer/sold to Midland because the amount are very close but with a different account number. We live in California when this happen and move about 3 years ago to Texas. On her Experian credit report it say that this account will be remove on Jan 2014. Can I assume that Jan 2011 would be the end of my SoL? If this is not the case, is it better to send a debt validation to Midland or should we wait until the account is out of the SoL to validate the debt? Thank you very much.
Andy
Andy,
Thanks for your comment. The account is removed FROM the report in 7 years. 2007 + 7 = 2014.
Is Midland contacting you? This is not clear. If they are, you need to write a letter (see our tab on our site for VOD letter to use with instructions). The SOL starts WHEN your last payment was made to BOA. It is not clear what you are trying to do or need to do.
For more advice regarding Midland and what to do next, you can sign in for a 15 min free analysis or one hour session on our ABOUT US page.
~Next Level Credit~
I have a client that is trying to sell their home. We have been delayed however because there is a signed judgement from 10/25/2007 which shows that LVNV Funding, LLC is an Assignee of Citibank and entitled to collect on a debt of $1998.67. We cannot get in touch with anyone to give us information on how this debt can be paid and a release signed. Without the release, clear title to the property cannot be given and the lender for the buyer will not allow us to close without this being released. How can we find out who to make the payment to when the name Mann Bracken is inserted as “Attorney for the Plaintiff” and this company is no longer operating? We need some answers very soon or we will lose the buyer. Thank you for any insight and help you can give.
Jean,
Thanks for your comment. You can go to the judge to get the judgment dismissed most likely. That may take a month or so depending on the court.
If you have any more questions and need more direction regarding Mann Bracken, please go to our ABOUT US page and sign in for a one hour session.
Getting this judgment dismissed should work due to the fact that MB is closed.
~Next Level Credit~
Next Level Credit,
I stopped paying on a Citibank account in October 2007. Due to a late payment in May 2007, Citibank had begun charging three different interest rates – exploding the balance to an unmanageable state in matter of a couple of months. I tried to settle with Citibank through a debt resolution company to no avail!!! Citibank wanted a lump sum – period!!! By the way, I am a TEXAS resident and SOL runs out on this account in October 2011.
In Jan 2010, Asset Acceptance started calling. I told them NOT to contact me via phone again! They stopped calling. AND I have not received any documentation from AA regarding this collection attempt.
The calls have started again – February 2011. I still have NOT received any documentation in the mail regarding the account they are attempting to collect.
I pulled my credit report and the report indicates a new account was opened by Asset Acceptance December 2009 BUT the account is listed in the CLOSED section of my credit report and it has a note indicating ‘consumer disputes this account information, collection account’. The original creditor is listed as CITIBANK and ‘Date of first Delinquency – 12/2007. Balance according to AA account – $12,991!!! Balance at the time of last payment to CITIBANK was $6,379.47. OVER DOUBLE THE ORIGINAL AMOUNT!! Is there absolutely no laws preventing this kind of blatant theft and attempt to collect an inflated, bogus balance??!!!
I filed a complaint with the FTC. Who knows if it will do any good. I suspect I haven’t received any documentation because they don’t have my address. If I every receive a letter from them, I will hire a lawyer and sue these jerks!
I fell prey to Mann Brackens’ crap and ended up with a judgement! I had to scramble and borrow money from my mother who can’t retire because she can’t live off of her Social Security income to prevent a freeze on my bank account! Absolute creeps, scum of the earth! I’m so glad they are out of business. Let’s put AA out of business, as well!
Cyndie
Cyndie,
Thanks for your comment. No there are no laws yet. Filing a complaint is great.
If you get a letter from Asset, contact us. Sure you can sue Asset and it takes time. But you still have to play the game. Unfortunately.
You can get the judgment dismissed now and get MB off your report now that they are out of business.
~Next Level Credit~
I recently received a notice from Midland Credit Management that I was being sued. I sent a Validation of Debt letter to them and got a reply yesterday. The original account was CitiBank. They sold the account to LVNV Funding March of 2010. LVNV sold it to MCM in March of 2011. However, the VOD that I received from MCM shows they bought the debt directly from CitiBank. The letter also has several blacked out spots with the word “redacted” filling in the blanks.
For example:
“For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated *****REDACTED********* between Buyer and the Bank, the Bank does hereby transfer, sell, etc to Buyer and to Buyer’s successors and assigns. ”
I asked for validation of the debt and they sent me a letter. I was hoping they wouldn’t and that would be the end of it so what do I do now?
Angie (we have spoken on the phone)
Thanks for your comment. You were served a summons.
You did file an Answer and next you should have a hearing. Let us know about your win!
~Next Level Credit~
I was served 2 summons by Fulton Friedman and Gullace one in May 2011 and June 2011. Two different creditors suing me. I responded to both as not guilty. I had going a debt settlement company 09/09. However, these cc companies did not want to settle, finally the 2nd (served in June) accepted a payment plan. I have not heard of a court date of the 1st summons served in May 2011. How long would it take for a court date.
I currently have an account open with HSBC (Best buy account). MCM is calling to collect a balance of $1,662 when my outstanding balance is less than $900 (with HSBC). However, the account #’s don’t match. My question is, is HSBC just as much responsible for the debt? Are we dealing with 2 separate accounts? Is it worth while to contact HSBC or will they be just as clueless as I?
Janet,
Thanks for your comment.
Sorry that you did not find us when you were served. You should not have set up a payment plan.
You probably have 2 judgments rendered by now. Regardless of the payment plan, FFG probably did a judgment. And life is difficult with that. There is nothing you can do.
Call your clerk on Monday and ask.
~Next Level Credit~
Scott,
Thanks for your comment. This is junk debt and HSBC has written off your account. Same account. DO NOT PAY MCM.
We may be able to help you with this and get rid of MCM.
Go to our homepage and sign in for free analysis mon-fri 9-5 EST.
~Next Level Credit~
I begin recieving calls from Law Firm of Allan C. Smith in early Feb 2012, than I recieved a letter from this office asking me to respond in 30 days about the validity of a debt, a client (that they would not reveal, later to find out that it’s in reference to CACH, LLC), Collect America apparently purchased my deliquent account from HSBC without my knowledge and after making payment arrangements with HSBC. Well I spoke with a supposely law clerk that read me my credit history and revealed to me that she doesn’t see that I have income coming in…well I explain to her that I had made arrangements with HSBC and didn’t know why they would be calling me. She tried to get me to make payment arrangement but I can’t with no income, I do admit to the debt but can’t pay right now. My question(s) are: Should I ask for a validation of account letter? Can my bank account be garnished? (that would put me in ever more debt) and What’s next after this letter from the Law Firm of Allan C. Smith, P.C.?
Kera
Thanks for your comment. Stop talking to law firm!!!
We are not able to email your answers. Not enough info here.
Sign in our home page for an analysis to talk Mon-Fri 9-5 pm EST. ASAP!
~Next Level Credit~
I have a question about a small claims suit that was just brought to my attention. Apparently, a comany called Midland Funding LLC received a default judement against me in 7/2010–without my knowlege. Never received notice of claim. The only reason I know they are trying to garnish my wages now is because the notice of clam was submitted at my father-in-law’s address. Anyway, the date to appear for garnishment proceedings is 3/08/2012, not far away at all. I am not prepared for this at all. I have done a little research over the past few days with the small claims court the case is filed in. I have spoken with an attorney (not much help because he does not consult for free in civil cases). I’m not sure at this point if sending a VOD would help my case. I know they are within SOL (unfortunately I believe). I do not and cannot find contact information for this agency. I did get the attorney’s contact information from the small claims court’s records, but not sure if I should contact?????? Help?????? Very lost on how to handle this. Thinking of pursuing a continuance???? Thanks!
Please Help me. I recently sent a validation request to Midland Credit management (MCM). I requested info to prove that this account was mine and asked them to stop all collection attempts until they send me valid proof. I received a reply from them in the mail saying, “this letter is to advise you that you did not provide sufficient information to investigate your dispute of the credit reporting of your above-referenced account pursuant to the fair credit reporting act.
In order to investigate your dispute, we need detailed information to identify the basis of your dispute. In the interim we have requested that the three major credit bureaus change the status of this account to “disputed.”
Why should I have to give them any info? What can I do now to get them to validate this debt. Also on the bottom of the paper i received back it says in big black letter “THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.” They are clearly trying to ollect after I asked them not to. Please help me..Thank You sincerely, Terry Helmandollar
Terry
Thanks for your comment. We can probably help you and tell you what to do. You do not have to give them your info in order for them to validate.
MCM is a large company and very persistent.
Go to our home page and sign in for an quick analysis to talk with us between Mon-Fri 9-5 EST.
~Next Level Credit~
my mom bring me a letter which has info on it for a cap 1 cc.. porfolio is suing me for 1200.00 im bing summoned to court in 1 month and all my info was out in the open including the last 4 of my ss my mom and niece saw it .. what can i do
Natalei
Thanks for your comment. You have not given us enough info to respond. A letter or a summons??? Sounds like a summons.
If you are being sued you can fight is ASAP and we can tell you what to do. We are not attorneys but you can beat them. Go here to this link and get the DEFENSE GUIDE to start to file Answer and Affirmative Defenses ASAP. http://nextlevelunlimited.net/answer-summons.php
What is your state and who is the lawyer firm suing you? IF YOU ARE NOT BEING SUED and have NOT been served, sign in to our home page for a quick analysis to talk Mon-Fri 9-5 EST.
~Next Level Credit~
AM I TOAST?/???CAN THEY CALL ME AS A WITMNESS as they stated on their DISCLOSURE FORM???MCM is taking me to court. They sent me a letter of pre-legal notificaiton, but it was sent to an address that I have not lived at for 3 years. 2 months ago, I got a notice of court for a home depot card. I sent them a VOD letter, but they ignored it and sent me a disclosure statement showing: 1 plantiff’s affidavit, 2. acct field data sheet (it has my wrong b-day, phone # wrong and address wrong) 3.credit card statement dated 8/05, 4. bill of sale, midland pre-legal notification dated 9/28/11 sent to an address I have not lived at for 3 years 6. Midland to MCM affidavit. AM I TOAST. My only document to bring to court is a VOD letter they never answered. SHOULD I SEND ANYTHING ELSE?
I just wanted to drop you a line and thank you for your assistance up to this point. It has been three months and I have heard nothing from anymore collection agencies. I was pretty upset because I was getting demand letters from a cell phone carrier’s collection agency for breaking their contract. It took a little work, but i didn’t think they would go away that fast. That agency was suing a lot of people a saw on the court dockets. Fortunately your know how worked! After your intervention this horrible company must have sold the debt to a second collection agency and they stopped pursuing me after that last letter you sent. I may or may not hear from them again, but I am confident you will continue to advocate for me!!!
Keep up the good work!!!
Brian
Thanks for 2 comments. Is this a summons? If YES, you can fight it. If NO, we can help you get rid of MCM easier.
This comment is a little confusing to us.
Sign in on our home page for free analysis to talk between Mon-Fri 9-5 EST.
We can tell you what to do. Do this today!
~Next Level Credit~
I am dealing with a very odd situation. All past debt is well past my states SOL ( I reside in California ) It’s so old it is no longer on my credit report. However, in Nov 2011 after a pushy collection agent from Midland was told by me the debt in question may not be mine however the date she quoted placed it outside the SOL to successfully litigate she became very angry. I told her no need to call again I’d never pay on a debt I’m not sure of and definitely one well past the SOL. Stupidly I said my creidt score is doing very well. Guess what? The following month in Dec out of nowhere a fraudulent payday loan allegedly from 2005 was mysteriously placed on my transunion credit report. I filed a fraud alert with Transunion and asked for an investigation. Tried over and over to contact the collection agency located in NY called Northern Resolution and they have not once contacted me. All they did was just verify the debt to the CRA. So it still sits there. I want this fraudulent debt off that report. Tell me how to get it off please. My bank manager is willing to go as far back as 2002 on microfilm to find bank statements to prove not once in my entire life have I ever taken out a payday loan. Without any doubt I know Midland did this to my credit report. Although they don’t call any longer they run checks on my credit report sometimes twice a month. The month when this fraudulent debt showed up Midland ran 6 checks on my credit report. I’m also sick of worrying about someone trying to get a default judgment by me by not serving me properly knowing my defense on any past debt is without question past the SOL. How can I stop worrying about those default judgments by sewer service?
I live in Arizona and being sued by Guglielmo and Associates. They show that are representing Capital One, the Plaintiff. I already have a mediation date set for July 31, 2012. When I answered their summon, I said their is no contract between the Plaintiff and Defendant and that the amount due is incorrect and unclear what the total is. I also said that my wife was not a party to the contract.
I am affraid I have already done too many things wrong…just found your website today. Am I too late in getting this dismissed? Guglielmo is telling me that they will not settle for less than 85% of the $5200 that is owed. Any suggestions? FYI, I have other unpaid credit cards and so does my wife.
Mark
Thanks for both comments. We will address both.
We are sorry to read this about your credit report. We can refer you to someone to talk to and see if they can remove it.
Also what Midland is doing by running your report is illegal and you can sue Midland although it is a lot of trouble.
Do not worry so much about “sewer service”. It is rare that a defendant will not be served without knowledge but it does happen. However, you are far from that happening. IF you have a default judgment rendered without your knowledge you CAN get it vacated. Dismissed.
No letter from Midland yet?
~Next Level Credit~
Jimmie
Thanks for your comment. We have spoken since your comment.
You can beat Guglielmo in court. Capital One is NOT suing you.
You can send in an amended Answer as well.
You can settle but that could make it worse.
The other cards need to be challenged and most likely can be eliminated.
~Next Level Credit~
I got behind on two Capital one credit cards in 2007. When I finally made a payment toward them, Capital One applied all of the payment to one account. I called and the rep told me that the payment I’d sent was not enough to cover the amount needed to keep them both open and that I should leave the full payment toward one of the cards to save it and just “close” the other. (She said close but they now say it can’t be closed until paid in full.)
About a year later, I was contacted by Global and offered a settlement. I took it and paid the settlement in full in February 2008.
I’m trying to get my ducks in a row to buy a house but the Capital One account shows as a charge off. I called them, explaining about the settlement. Two things: First, they said I needed to provide a letter showing the settlement arrangement and they suggested I call Global for a copy. They gave me Global’s number but when I called, it appears to be closed. Second, they said their notes from Global said that I canceled the settlement arrangement. I didn’t cancel anything; I paid it in full. I stressed that I dispute their notes and asked for a copy and they said they had to take Global’s word and that their notes were their records and not available to me.
Additionally, they have been charging interest all of this time and the balance is $200 more than it was before I paid the settlement. So that $1250 is gone if I have to pay it.
A)Can I do anything about this Global/Capital One thing?
B)Does this charge off go off of my record when they charged it off in 2007 or when they ‘got the account back” from Global in 2008?
C)If I say, “Screw it!” and don’t pay, can they come back later after the 7 years have passed and garnish my wages?
I live in Louisiana. The card was opened when I lived in Arkansas.
Ironically, I have 2 other Capital One cards with them that have been paid regularly and on time for the past 4 years now.
Thanks for this service! It’s so confusing out here alone.
Stacy
Thanks for your comment. Let’s have an analysis asap. Go to my home page – watch video and sign in your name, number and time EST to call you.
Unfortunately this is why we should never pay collections.
A – yes we think so – we need more information
B – the charge off falls off after 7 years after date of last payment – you can get these removed from your report
C – garnish your wages? No that is not possible unless you have a judgment.
~Next Level Credit~