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Regular Contributor
McArthur
Posts: 249
Registered: ‎12-24-2012
0

Re: Is this even legal? Re: Midland


Reighn9 wrote:

I have 2 accounts with Midland, one was still on the CRA when they first called. They refused to give me a DV. I've been making payments for about 2 years now and I know their amount is quite a lot higher than what I owed , but they never told me the original amount. A few months later they called me on another account, not on CRA, with another exorbitant amount. This had been a secured card. Not only can I not get a DV, I can't find out if I've gotten credit for the secured amount. Neither account is being reported at this time. I've had nothing but trouble from Midland. They don't keep to their payment arrangements, they stop my automatic payments and demand a different payment or account due in full, different agents will call and tell me the previous arrangements I made weren't legal. I'm on Social Security, I'm paying voluntarily. They can't garnish my check. They can't legal sue me, these accounts are past the statutes of limitations. Can I stop making the payments? I don't like the way I'm being treated and being charged many times more than I owe without proof. They refuse to provide any accounting.


If the accounts are past the statute of limitations, you can safely refuse to pay them.  You need to be careful and thoroughly investigate your state's civil procedure law as it pertains to SOL.  In some states the fact that you've been voluntarily making payments on the account may reset the SOL.  Assuming the SOL has run and they can no longer sue you, if you stop paying they will likely hound you.  Sending them a Cease & Desist (aka FOAD) will solve that issue.

 

Are the accounts still on your credit report?  They should not appear on your credit report, generally, after 7.5 years have passed from the date they first went delinquent.

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Is this even legal? Re: Midland

Even if the SOL had run, when you started making payments, there is a big chance you restarted the SOL.  If you were to quit paying, they could sue you. 

 

If you are thinking about stopping, check your states SOL laws and find out before hand. 

 

 

Regular Contributor
Reighn9
Posts: 107
Registered: ‎01-26-2013
0

Re: Is this even legal? Re: Midland

Neither one is on my Credit Report. Only one was on the report when I started paying, and it dropped off within 3 months. The SOL here is 4 years. I can't find out anything about the Agency being able to restart the time  in this state if you start making payments eventually.

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Is this even legal? Re: Midland

It isn't the agency that can restart the SOL, it is your making payments that can restart it.

 

What state are you in?

Regular Contributor
Reighn9
Posts: 107
Registered: ‎01-26-2013
0

Re: Is this even legal? Re: Midland

Texas. Haven't been able to find anything on the AG page about making payments, just the SOL. The other old accounts I had either with or without collections didn't start over after I started making payments. Most weren't in collection. I had Medical problems in 2006 and got behind. Talked to every company and most were reasonable. I don't think they started over, I really don't know. Everyone that would work with me is paid in full.

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
0

Re: Is this even legal? Re: Midland

[ Edited ]

I'll see what I can find out.

 

Ok, I found an old thread dealing with this same subject.  As long as you didn't sign anything acknowledging it your ok:

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Partial-Payments-amp-Resetting-SOL-in-Texas/t...

 

 

Regular Contributor
Reighn9
Posts: 107
Registered: ‎01-26-2013
0

Re: Is this even legal? Re: Midland

I don't remember signing anything with Midland. Everything was done over the phone. The only written correspondence I've received from them is monthly statements that my payment will be withdrawn and demand for payment when they decide to stop autopay or another agent reviews my accounts. I have reported Midland and various agents to the FTC several times. Thanks for the link. The 4 years was up long ago because the 7 year limit was up on the newer account in October 2010. I really wasn't trying to avoid paying these bills, I'm just tired of the hassles from Midland and the lack of proof on what I owe because I know I didn't have anywhere near the amounts Midland is claiming on either card.


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