Midland taking a last ditch shot

[3darcher2]

So I get a letter in the mail today from Midland looking for me to settle on an account I just disputed through the CRAs about 10 days ago and was due fall off in a month or so, but I listed it since I figured they might not waste the time to verify.  Since my dispute, it's already fallen off all 3 CRAs.  They apparently bought this debt in 2008 and I don't think I have ever heard from them previous to this.

The SOL is 3 years past, it is almost 7 years from DOFD.  They "generously" offered a 40% settlement lump sum or a 12 month payment plan for a few extra bucks.  The original amount in question was about $11K

So do I simply ignore this since we are way past SOL, or do I respond in some way?  Maybe just ignore and wait for a second, or do I send a C&D letter and tell them that the alleged debt is well beyond the SOL?  I don't want to hear from MCM ever again.

[jasimae]

I'm not sure I understand you.  Did you say that Midland has fallen off of your credit reports?  Meaning, it's not appearing anymore.  So was it there and now it's gone?  If it's gone, I probably wouldn't do anything.  If you respond and acknowledge by paying the debt (or settling) then what you're doing is in fact validating the debt and then it'll hit your reports all over again.  Honestly, I would just let it ride.  Midland is my nemesis, so as you can tell, I have an account with them.  They've proven, as these boards can attest, to be tough ...if you search you'll see the angst they've been giving folks.  I wouldn't spark the flame...it might cause a fire.

[RussianPassion]

I had Midland collection tradelines on EQ and TU. They were due to fall off in Sept and the EQ one fell off on the 1st. I am not waiting for the TU tradeline to fall off... Can't wait! After reading about how uncooperative they are, I was happy to find out that Sept 2011 was the magic date for me.

[Anonymous]

Wait a minute.  Are you saying that currently everything is settled, the accounts are no longer reporting, and now Midland is trying to get some money out of you?  HAH.

[rckstrscott]

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@jasimae wrote:

I'm not sure I understand you.  Did you say that Midland has fallen off of your credit reports?  Meaning, it's not appearing anymore.  So was it there and now it's gone?  If it's gone, I probably wouldn't do anything.  If you respond and acknowledge by paying the debt (or settling) then what you're doing is in fact validating the debt and then it'll hit your reports all over again.  Honestly, I would just let it ride.  Midland is my nemesis, so as you can tell, I have an account with them.  They've proven, as these boards can attest, to be tough ...if you search you'll see the angst they've been giving folks.  I wouldn't spark the flame...it might cause a fire.

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From my understanding, acknowledging or paying the debt does not reset the reporting period with collections accounts.

I agree Midland is a beast, and I wouldn't touch it. However, just like with all debt, just because the SOL has expired and the reporting time is past, doesn't mean you don't owe this debt. They can hound you forever. They just won't have any real means to penalize you.

-scott

[jasimae]

I know it doesn't reset the reporting period, just worried that if the SOL hasn't expired then they might try to get slick and add it back onto the report. I actually had EOS do that to me. I was pissed.

[3darcher2]

Truly, I don't even know if the debt is valid at this point and I don't care.  A lot of my records were destroyed in a flooded basement years ago.  Midland owned this account apparently before the SOL ran out in 2008 but they never did anything about it.  Now it is 7 years since DOFD and it fell off my CRs.  A week later I get this letter.  It's almost like every time they have a reporting limit run out they take one last chance on getting a settlement.

I have no intention of paying anything to Midland.  I just wondered if I should expect to keep seeing more letters out of them or do I just proactively respond, tell them I do not acknowledge any debt, tell them the SOL is way past time, and they are attempting to collect a time barred debt.

[rckstrscott]

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@3darcher2 wrote:

Truly, I don't even know if the debt is valid at this point and I don't care.  A lot of my records were destroyed in a flooded basement years ago.  Midland owned this account apparently before the SOL ran out in 2008 but they never did anything about it.  Now it is 7 years since DOFD and it fell off my CRs.  A week later I get this letter.  It's almost like every time they have a reporting limit run out they take one last chance on getting a settlement.

I have no intention of paying anything to Midland.  I just wondered if I should expect to keep seeing more letters out of them or do I just proactively respond, tell them I do not acknowledge any debt, tell them the SOL is way past time, and they are attempting to collect a time barred debt.

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If the debt isn't yours, and it is provable, I would personally just ignore anything they send. But everyone has their own methods. They know the law, if you ignore them, they will move on to someone else when they deem you a lose cause.

-scott

[RobertEG]

You dont have to "tell" Midland anything, or give any reasons.  Under FDCPA 805(c), a consumer has the right to notify a debt collector, at any time, without providing a reason, that they wish the debt collector to "cease further communication with the consumer."  From date of their receipt of that notification, they are barred from any further communication with you regarding the debt..  It is not necessary that any state SOL has expired, or that any other pre-condition has occured.

On the issue of resinsertion in your CR, credit report exclusion for a collection is dependent upon one single date-certain that has nothing to do with any activity conducted by a debt collector.  It is 7 years plus 180 days from the DOFD on the OC account.  The only way to get it back into your CR is for the debt collector to report a later date for the DOFD.  FCRA 623(a)(5) sets forth various requirements for reporting of a DOFD, all of which are pegged directly to the DOFD on the OC account.  For the debt collector to report a DOFD that is different from the DOFD that occured between you and the OC is illegal reaging. 

[3darcher2]

Well today's correspondence from Midland was a letter informing me that Midland needs my help.  They have a laundry list of documents that they would like me to provide them - copies of statement, payments, previous settlements, etc.  They also inform me that they have now marked my account as disputed, although they do say that if it has already fallen off the CRs then it will not reappear.

Are these guys for real?  They wait until 3+ years after the SOL and a week after it falls off the CRs and then ask me to tie a noose and stick my neck in it for them?  I think I am going with the "IGNORE" method.  As I said, I don't know if any of the debt is even mine, but why would they wait this long and then try to get me to make a donation to them?