Finance House

I have a little issue going on with Midland Credit Management. I created this letter to demand validation and to question them about their lack of bonding in Texas. Can you all proof and let me know areas that need to be reworded?

Thanks.



January 12, 2005

Midland Credit Management
5775 Roscoe Ct
San Diego, CA 92123

Re.: Account No. 8505XXXXXX


To Whom It May Concern:

I recently have received my credit bureau reports from Equifax, Experian, and Transunion. I was surprised to see that your agency is reporting, to all three major credit reporting agencies, a collection account in my name and numbered 8505XXXXXX. You should be aware that I am not refusing to pay you, but I am disputing the validity of this debt.

I have no knowledge of this account, and I hereby demand that you validate this account, pursuant to the Fair Debt Collection Practices Act (15 USCA 1692). You must provide competent evidence that you have the right to collect the amounts that you say that I owe. To this end, I request that you provide a copy of any contract that you claim that I have signed, any evidence of charges that you claim that I owe, and any other physical or documentary evidence supporting the allegations that you have made in claiming that I owe money to you.

In addition, you should know that I have contacted the office of the Texas Secretary of State and inquired as to whether you are bonded as a collections agent, as is required by Texas law. It is my understanding that your agency may not be bonded in my state, and that as a result, your collections activities, including reporting alleged debts to credit reporting agencies, may be unlawful. Therefore, I respectfully request that you also provide copies of a current bonding certificate evidencing your legal right to engage in collection activities in the state of Texas.

If you cannot provide the information that I have requested above, then you must cease collection efforts on this alleged debt at once, and you must notify any credit reporting agency to which you may have reported this matter that they must remove such information from my credit reports.


Sincerely,



Dalaggie

Consider rewording this:
Originally posted by dalaggie
... You should be aware that I am not refusing to pay you, but I am disputing the validity of this debt.


to this:

You should be aware that this is not a refusal to pay you, but a lawful request that you validate this debt.

Nice wording...thanks for the tip...

no problem!
good luck

Oddly enough, I pulled Privacy Guard today, and Midland has completely disappeared. Dunno if they read these Boards or not, but its a pleasant surprise. Will keep the letter handy in case they show back up though.

Thanks to everyone for the advice.

Regards.

I am in the same predicament now.

Could I use a similar letter to this one and apply it to Florida? I am specifically referring to the section where she talks about bonding and such (3rd. paragraph).

Thank you.

I couldn't edit my post (too late), but I meant to ask whether the following statement would be true:

"In addition, you should know that I have contacted the office of the Florida Secretary of State and inquired as to whether you are bonded as a collections agent, as is required by Florida law. It is my understanding that your agency may not be bonded in my state, and that as a result, your collections activities, including reporting alleged debts to credit reporting agencies, may be unlawful."

(Thank you, dalaggie.)

Yes, Florida state statue also requires that third party collection agencies must be registered and license within the state to engage in debt collection activities.