Update from MCM

[wdsman1]

Sorry for all the post regarding this but it would not allow me to edit my original post.

1. First they called me and at that point I did not receive any correspondence from MCM.

2. I received correspondence from them around the end of February. I then sent out a debt validation letter/cease desist letter that was received March 2nd. It was sent CMRRR.

3. After receiving the letter from me they called and denied receiving the letter. I then filed a complaint with the BBB. I have not heard anything back until today.

I received this letter today. As far as I know this account is not listed on my current credit report, atleast it is not on my equifax report.

Dear XXXXXXX

We have opened an investigation concerning you recent request and have requested appropriate documents. In the interim, we have requested that the three major consumer reporting agencies change status of this account to "Disputed"**.

A Customer Relations Representative will provide a response to your request in the near future. We can be reached at (800) 825-8131, should you have any further questions. As requested by you, we will no longer be contacting you regarding this account by phone or mail unless it is to further respond to this dispute by you.

Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information will be used for that purpose.

Sincerely,

Customer Relations

**Your credit report will not be updated if the federal reporting period has expired.


Does MCM have any kind of timeline to either validate or not validate this account? Any advise regarding this letter would be appreciated. thanks

[30daylate]

There is no timeline but they can't try to collect again until they have validated the debt. I would go to annualcreditreport.com and make sure you have a copy of all three credit reports. You don't want any surprises when you apply for that next loan.

[Lian]

1. First they called me and at that point I did not receive any correspondence from MCM.

2. I received correspondence from them around the end of February. I then sent out a debt validation letter/cease desist letter that was received March 2nd. It was sent CMRRR.

3. After receiving the letter from me they called and denied receiving the letter. I then filed a complaint with the BBB. I have not heard anything back until today.

What you apparently have is an allegation that they have violated FDCPA 809(b) by continuing collection on the debt after receipt of your DV letter.

That hinges on whether or not you DV'd them. If you have a CMRRR receipt, that evidences their receipt, and thus obligation to cease collection activities.

Violations of the FDCPA are enforced by the FTC. Unfortunately, the FTC rarely, if ever, takes any action on individual consumer assertions of FDCAP violations, so recourse is most likely left to your bringing civil action.

Since the debt collector has not reported to a CRA, then you have no recourse to a dispute under the FCRA.

Apparently, their letter inferences that they are going to provide debt validation.
No, they don't have any time period to validate (unless you live in Texas), so the only real issue is their resumption of communications with you.

Since you don't have any credit reporting violation, the only issue is a possible FDCPA violation. In my opinion, there is as of yet no real harm to your credit score, and thus it is probably not worth the effort to pursue.

[wdsman1]

Received a response from mcm regarding BBB complaint. They admit to receiving my dv letter and cease and desist. They say that they will no longer contact me unless it is to validate the debt. The account was placed in cease and desist status and nothing has been reported or will be reported unless it is validated. Not even sure it is worth it to them. It is old and past SOL. The letter was signed by a mcm attorney.

So that is the latest.

[Lian]

Yeah, it looks you have beat them down, provided the SOL has expired, as you state.

However, it still may not be over. If they are washing their hands of further collection practices, it may be because they are terminating their collection with the OC.

Does the OC still own the debt, or was it sold to the debt collector? If the OC still owns the debt, upon termination of CA1, they may just refer it to a new CA2, who can then report a new collection to the CRA.

I would be interested in knowing if the current debt collector owns the debt....

[wdsman1]

Original creditor is Dell Financial. It came off my CR when I disputed it with the CRA's. I checked my credit reports today and it is not listed.