Need adivce on Midland

jm2908 · ‎08-29-2012

I have an unpaid collection account with Midland for $495. DOFD is sometime in 2009-2010 from an old T-Mobile account. I sent a DV that was answered with a print-out listing basic information. So for the past month and a half, I have been snail mailing PFD's twice a week and faxing a letter daily. In addition, I have sent emails for PFD and received responses that they won't dicuss via email. I have also disputed with the CRA's.

I don't know what to do next. I would pay it but would like a PFD. Should I continue sending the letters or just suck it up and pay it and try to get a GW? Need advice!

If I could get rid of them, my credit report would be much better....ugh.

Anonymous · ‎08-29-2012

Ultimately it ll come down to what you really want and what you're able to do to get it. Of course you want a deletion, thats the best thing you can do. PFD are great if you can swing them, but you have to talk to the "right" person to get one. That and of course have it in writing, or you pay, and they suddenly regretfully cant give you a pfd. Midland when it comes down to it is a bully, they function from a position of power to get what they want. What i mean is, they hold the ability to mess up your credit, and they force you to come to them on bended knee and beg for help. The irritating thing is that they know it. What they dont want you to know, is that mcm is a paper tiger. In the context of getting a pfd. It all depends on how far you want to take things to get one, and if its worth it to you. For example, you can try sending gw letters to the owner of mcn instead of his peons. His name is Brandon Black, you can find his email, online. You can re examine the information included on the account and look for mistakes and outright violations you can use to get leverage. If you are able to find no no s committed by mcm you can file against them in small claims court. Then you ll most likely get a phone call from one of their paralegals, wanting to "work things out" before it goes to court. This is though an option of last resort, and of course filing frivolously will get you in trouble. But that being said a bona fida violation on their part puts them on the defensive.

jm2908 · ‎08-30-2012

I actually just got information from the original creditor that they have no record of my account at all....amounts, reasons, etc. I got that in an email. I sent it to Midland...and their compliance office is reviewing. I think it might turn out well. The person I spoke with at Midland stated they relied on the original creditor for confirmation and that this should get it taken care of....

Hmmm....

Anonymous · ‎08-30-2012

Thats great! good luck. In my case something simliar as far as no documentation with the original creditor. But mcm had confirmed the account, each time i dispute 10 times. No validation on my dv letter either,

RobertEG · ‎08-30-2012

Interesting situation!

It's unfortunate that this discovery of lack of ability to obtain verification of the debt is now outside the period in which you can shut them down by sending a timely DV.

With the statutory requirement of FDCPA 809(b) that a debt collector "obtain verification," and the admission of the creditor that they cannot provide verification, you would shut them down with no apparent ability to provide verification.

With the period for sending a DV that requires cessation of collection having expired, you have lost that tool. However, the spirit of a DV is to provide the consumer some assurance of debt validity. I think they would be bordering on other potential FDCPA violations, such as attempting to collect on a debt for which their is very questionable basis, if they pursued collection on the debt.

I would recommend that you now still send a new/renewed DV, even though untimely, to put the facts of record in written form should they not fold.

Tommy5746 · ‎09-01-2012

@jm2908 wrote:
I have an unpaid collection account with Midland for $495. DOFD is sometime in 2009-2010 from an old T-Mobile account. I sent a DV that was answered with a print-out listing basic information. So for the past month and a half, I have been snail mailing PFD's twice a week and faxing a letter daily. In addition, I have sent emails for PFD and received responses that they won't dicuss via email. I have also disputed with the CRA's.

I don't know what to do next. I would pay it but would like a PFD. Should I continue sending the letters or just suck it up and pay it and try to get a GW? Need advice!

If I could get rid of them, my credit report would be much better....ugh.

BUMP

Goal: 700 and an Amex Card!

Chicks Dig Guys With Good Credit

jm2908 · ‎09-06-2012

Robert--

So right now I have talked to the collection agency and they will not remove the debt. I have had several chat conversations with T-Mobile (the OC) asking for a breakdown of charges as I have no idea what or why they are there. Midland can not provide me with the breakdown. Just my account number and the amount. I don't know what to do now.

I will send another DV to Midland, but I know that they will send it back and not budge. Should I send a 623 to T-Mobile's legal stating they are in violation? This is all new to me....

Thanks!!

jm2908 · ‎09-06-2012

ps. I have sent numerous PFD. I just want this to be off of my credit report~!!!!!