MCM's response to both of my DV's

[kreozZ]

Hi folks,


I received a letter from Midland Credit Management (MCM) telling me they had purchased my charged off credit card account (the debt is within SOL). I immediately sent a Debt Validation letter to them with CMRRR, and received the reply saying "they needed more information to investigate the dispute". They were asking me to provide the reason for my dispute (!) and supporting documentation. The notice also included a printout of the last account statement from OC (BoA), which I believe they just had got at the time of purchasing the debt.

So the question number one is:
(1) Even though their corporate headquarters is located in CA, and they are bound by California Civil Code, which says that they have to cease any collection activity upon receipt of the documents proving the reason for the dispute (http: //law.justia.com/california/codes/2009/civ/1788.10-1788.18.html - section 1788.18), does it actually mean they can just blindly ignore FDCPA provisions? FDCPA does not state there should be any specific reason for my dispute with Collection Agency. I thought the burden of validating the debt and forwarding all the documentation is placed on them rather than on me.

Upon receipt of their notice, I have made a research over the internet and found out that the notice I received is a typical one they send in reply to DV letter. But, since they formally respoded to my validation request (even although the response itself was not satisfactory), I decided to relay another one and give them additional 30 days. So I spent a weekend and made a nice DV letter # 2 informing them that:
- I have no additional info to provide them;
- They failed to properly validate the debt;
- They had to do it in 30 days or cease collection activities;
- They are not licensed in the state where I reside MA, while the state in itself requires license to carry on the business.
I explained everything in detailes and quoted all the case laws and whatnots.

Almost two weeks have passed after I sent my letter with CMRRR... Guess what? Yesterday I received another letter, this time without any enclosures, instructing me to send them additional documentation! That was the very same notice as the first one... Looks like they have not even read my DV # 2.

__________________________________________________ _____________
First of all, I need to know if I am supposed to answer them or just to wait until 30 days from the date of the receipt of DV # 2 are over. Inasmuch as I told them in my DV # 2 that they had to provide specific documents to prove the validity of the debt (such as all account statements, credit card application with my signature, proof they have actually purchased the debt ect.) and they failed to, it appears to me I do not have to answer them at all but just wait.

So my question number two is:
(2) Do you think I am right with respect to I don't have to respond?


What I am also going to ask you guys is whether I rendered the course of further actions properly. I am going to do the following:

1. Wait for 30 days;
2. As MCM only reports collections account to Experian, I will dispute with them;
3. When it gets back verified, that will constitute continuation of collection activity without proper validation contrary to FDCPA;
4. I will need to file complaints to BBB, ACA, AG in CA, AG in MA, FTC;
5. Will I need to apprise MCM that I filed complaints?
6. Wait for the results;
7. If it does not work out, then send MCM intent to sue and consequently file a suit.


Any help and/or experience will be much appreciated!

Thank you in advance,
Need-to-get-the-out-of-the-bad-credit-history guy.

[chane]

1. Yes, you are correct. The burden of validating the debt and forwarding all the documentation is on them. They are trying to throw you off, confuse you and stall.

2. If you have the CMRRRs and copies of all the letters, you don't have to respond. You can prove that you sent them the letters and you can prove that they didn't reply with that they were required by law to reply with. Therefore, they are violating your rights under the FDCPA.

You are doing everything exactly right and that is awesome, man. Most people don't follow through once they receive those bullshit replies from the CA. The CAs try to confuse people and ultimately it works and causes people to just give up.

Stay persistent! Do not give up!