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Established Contributor
Posts: 736
Registered: ‎03-15-2007
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Re: Midland Credit Management

Hey Guys,
 
I have this questions that I asked two days ago. Can someone jump in on this.
 
Thanks for your attention.
 
Cory
American Express Blue Cash Everyday; American Express Everyday; Barclay's AAdvantage Aviator World Elite MasterCard; Citi Thank You Premier World Elite MasterCard; Citi Double Cash; Navy Federal cashRewards Visa Signature Card.
Valued Member
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Registered: ‎01-20-2008
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Re: Midland Credit Management

If they continue to call you, record the conversation - first have them repeat the company they represent and their name, then tell them they are being recorded. (usually they will hang up right away). If they don't hang up, tell them clearly you wish to not be contacted any further, and any further contact will be recorded and used against them in a court of law for violating the FCRA.
Credit Scores Currently: T: 746, Eq: 674, Ex: 646 as of 4.20.09
Established Contributor
Posts: 736
Registered: ‎03-15-2007
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Re: Midland Credit Management

Thank you. I will try and do that the next time.
 
I got my CMRR back. Now, I will dispute with the CRA'S.
 
Thanks again,
 
Cory
American Express Blue Cash Everyday; American Express Everyday; Barclay's AAdvantage Aviator World Elite MasterCard; Citi Thank You Premier World Elite MasterCard; Citi Double Cash; Navy Federal cashRewards Visa Signature Card.
Established Contributor
Posts: 736
Registered: ‎03-15-2007
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Re: Midland Credit Management

Good Morning all,
 
After I had mailed a certified dispute letter to Midland, they received it and mailed me a letter requesting that I send them any receipts or letters proving my dispute claim. Of course I didn't, but what should be the next step?
 
By the way, they said that they will report to the credit bureaus the account is disputed. What will that do for my scores?
 
Thank you for reading and assisting me.
 
Cory
American Express Blue Cash Everyday; American Express Everyday; Barclay's AAdvantage Aviator World Elite MasterCard; Citi Thank You Premier World Elite MasterCard; Citi Double Cash; Navy Federal cashRewards Visa Signature Card.
Moderator Emeritus
Posts: 7,970
Registered: ‎12-19-2007
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Re: Midland Credit Management



Cory wrote:
Good Morning all,
 
After I had mailed a certified dispute letter to Midland, they received it and mailed me a letter requesting that I send them any receipts or letters proving my dispute claim. Of course I didn't, but what should be the next step?
 
By the way, they said that they will report to the credit bureaus the account is disputed. What will that do for my scores?
 
Thank you for reading and assisting me.
 
Cory



Hi Cory, good to hear that you are moving things along. Midland has the burden of proof, not you. Send them nothing. They have to provide you what you requested OR stop collection activities until they do. You are in the driver's seat now my friend. That should have no affect on your credit scores. Your scores will be affected positively when the junk is gone.
___________________________________________________________________
Do what is true in spite of the consequences--your future is only as true as you are.
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Posts: 1,195
Registered: ‎12-13-2007
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Re: Midland Credit Management



ByrdMan wrote:
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name
NEVER SIGN YOUR NAME, JUST TYPE IT




Hi Byrdman, excellent letter. I'm wondering if it is ok to add;

* request proof of date of last payment/activity.

and also to mention that IF the account as shown IS in fact proved to be valid that it is a time-barred debt regardless.

Note that I did make 2-3 payments last year on this account, my credit attorney friend said this does NOT re-set SOL, only payments to an OC can do that.
MyFico Scores (TU/Exp/Efx):

11/02/08 696 / 695/ 737- 5/4/08: 667 / 703 / 668 - 11/07 Low 500s All (Fako)
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Posts: 7,970
Registered: ‎12-19-2007
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Re: Midland Credit Management

nyccc2, I can't take credit for this letter. The Great Lonnster posted it. I don't see a problem with DOLA, however, the next statement bothers me for some reason. I guess I just don't want to acknowledge that they will possibly be able to show that they have the right to collect from you. You didn't sign a contract with the CA did you? No, I didn't think so...
___________________________________________________________________
Do what is true in spite of the consequences--your future is only as true as you are.
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Posts: 1,195
Registered: ‎12-13-2007
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Re: Midland Credit Management



ByrdMan wrote:
nyccc2, I can't take credit for this letter. The Great Lonnster posted it. I don't see a problem with DOLA, however, the next statement bothers me for some reason. I guess I just don't want to acknowledge that they will possibly be able to show that they have the right to collect from you. You didn't sign a contract with the CA did you? No, I didn't think so...




Hi Byrdman, I get your point, but dont' you think it also makes sense to let the CA know you know the law and your rights? For instance if you said 'While I don't acknowledge this debt as being mine OR your rights to collect it, in any event it is a time-barred debt and cannot be collected by any entity from whomever in fact owes the debt'.

Basically just trying to make them go fish elsewhere for a 7 year old debt about to expire anyway.
MyFico Scores (TU/Exp/Efx):

11/02/08 696 / 695/ 737- 5/4/08: 667 / 703 / 668 - 11/07 Low 500s All (Fako)
Moderator Emeritus
Posts: 7,970
Registered: ‎12-19-2007
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Re: Midland Credit Management



nyccc2 wrote:


ByrdMan wrote:
nyccc2, I can't take credit for this letter. The Great Lonnster posted it. I don't see a problem with DOLA, however, the next statement bothers me for some reason. I guess I just don't want to acknowledge that they will possibly be able to show that they have the right to collect from you. You didn't sign a contract with the CA did you? No, I didn't think so...




Hi Byrdman, I get your point, but dont' you think it also makes sense to let the CA know you know the law and your rights? For instance if you said 'While I don't acknowledge this debt as being mine OR your rights to collect it, in any event it is a time-barred debt and cannot be collected by any entity from whomever in fact owes the debt'.

Basically just trying to make them go fish elsewhere for a 7 year old debt about to expire anyway.


I get you now, b/c you are in NY, there is a time limit different from CRTP (5 years right?). Absolutely, you can put it in there.
___________________________________________________________________
Do what is true in spite of the consequences--your future is only as true as you are.
Established Contributor
Posts: 736
Registered: ‎03-15-2007
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Re: Midland Credit Management

Thanks Brydman for your advice. Should I send another letter to them? or let it ride out?
 
What will be the next step?
 
Thank you for advising,
 
Cory
American Express Blue Cash Everyday; American Express Everyday; Barclay's AAdvantage Aviator World Elite MasterCard; Citi Thank You Premier World Elite MasterCard; Citi Double Cash; Navy Federal cashRewards Visa Signature Card.

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