New Contributor
Posts: 50
Registered: ‎06-18-2012

Midland settlement offer and reasoning

I get the feeling that MCM operates on a need to know only information with their lawyers.   I am in my 5 month of litigation with mcm in federal court.  Discovery is due back in December, so far they ve made 2 small settlement offers.  THis on $1500,  deletion of a tradeline ( which is already deleted), and waiving of a debt that was the product of id theft....... yeah, its like that.   They are trying something new this time though, their attorney is arguing that the dv letter i sent was untimely.  This is the first time i have heard this.      They are claiming that they DID in fact send a dv letter, even though i never received one.   My lawyer then asked for a copy of said dunning letter.   Their lawyer said sorry, no can do. It doesn't physically exist currently its only a few lines of code on mcm computer?   Then he goes on how they never violated the fcra because they notified the CRA s to list the account as disputed.   WHich is true except for the 3 times they listed the account disputed under the fcba instead of the fcra. Seriously. IM not kidding.   He also said his case is defensible because they re going to argue that " I thought it was a valid account" when I sent the dv letter.  Im NOT making this up.

  I still find it so strange they never counter sued, or called me on the phone or sent me collection letters, or other harassing conduct.     All of this they didn't do,,,, after receiving a dv letter which they re now saying wasn't timely???   Really?  im mean,,,, Really?   That's it my next settlement offer is 50k, a bag of 173 blue jelly beans, and a fried balony sandwich on pumpernickel.!!!!

Posts: 12,952
Registered: ‎04-15-2011

Re: Midland settlement offer and reasoning

Don't forget the mayon and the sandwich!!!!!!  Good luck!  

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