Need your opinion

Anonymous · ‎05-01-2011

I have recently been contacted by phone by MCM stating that I owe a debt that I know nothing about. I then recieved a letter stating similar to that from the phone call, but again I don't know anything about this debt. I sent validation some time ago with no response as of yet. I have no idea who the OC was, just numerous phone calls, many on Easter Sunday ( 5 calls that day alone). There is nothing showing on my CRA reports as I pull them often. One phone call states that this is a debt from 2004 which is the year of my divorce and just wondering if the ex didn't do something on her part. I am willing to pay for anything that they can prove is mine and not my ex's, but they are unwilling to provide any information. Do I DV them to death? My credit scores from here are very good and think this is out of SOL in OH since it is greater than 6 years. It is difficult to decipher the Ohio Administrative Code for SOL. Any advice?

Anonymous · ‎05-01-2011

From what I've read about Midland Credit Management is that they are unrelenting bullies.

You say nothings showing on your reports from MCM? Do you have any CO's from back in 2004 on your reports?

I think it's very possible it has something to do with your ex wife's reports and they are trying to come after you.

I hope you figure this out and get it resolved.

Wishing you the best of Luck!!

RobertEG · ‎05-01-2011

This is one reason why FDCPA 809(a) exists. To control the appearance of submarine collections in your CR without your immediate knowlege, and thus ability to deal with them before they just sit in your CR for an extended period of time. Once a debt collector makes an intial communication with the consumer, either by way of telephone or written communication, or by reporting to a CRA, they are requried to provide the name of the OC and the amount of the asserted debt, and advisement of your DV rights, to you within 5 days of that intitial communication. That is called a collection (dunning) notice.

If they have failed to do so, they are in violation of FDCPA 809(a). However, failure to comply with dunning notice requirement is hard to pursue. It is handled,under the provisions of the FDCPA, by way of complaint to the FTC. Good luck with that one!

Regardless of your receipt of a timely dunning notice, you can still DV them. The problem with DVing without dunning notice is that the consumer frequently does not know the address of the debt collector, making it difficult to address your DV letter.

Once they have received your DV letter, it is illegal under FDCPA 809(b) for them to communcate further with you regarding the debt until they have provided the requested debt validation.

Anonymous · ‎05-08-2011

My latest to this whole thing is:

I received a settlement offer in the mail also showing a higher balance (interest? Can they do that?). It does show an OC which I have had numerous accounts with and called, but they have stated that all accounts are within good standing. Again, there is nothing degrog on my credit reports.

I do not call this proof of a debt. What should be my next course of action? My scores are in the mid 700's (from here) and there is nothing on my credit reports. I am nowhere near needing credit, using major credit, but also don't want to waste my time defending something that can't be proven.

Any advice from the gurus?

Anonymous · ‎05-09-2011

bump to the experts!!!

llecs · ‎05-09-2011

I'm no expert, but I'd send a second DV CMRRR and wait 30-60 days. If no response or they respond without providing any info, then try filing a complaint with the BBB and your state's protection agency against the CA and the OC (the OC's pushing this off on the CA; they have info somewhere I bet). By law, if you sent a DV within 30 days of their dunning, then they can take forever in responding, but they can't call, collect, etc. When they do respond, all they have to provide is the OC's name and info and the balance owed. Filing a complaint opens the lines of communication so you can get more info. At some point you agree that the debt could be yours, then send a PFD if they report or a PFD modified to a pay-for-not-reporting. Keep CRTP in mind during all of this.

Anonymous · ‎05-09-2011

Thanks llecs for the reply,

My question is that they are charging interest. They sent me a settlement offer with an OC and a balance, but I have no outstanding debt according to the OC. Again, there is nothing on my CR's and my scores from here are in the mid 700's. Their offer was for the standard 40 to 50% off with language like: your credit report will be updated with payment made and paid in full, will this miraculously appear now on my credit report if it turns out to be mine and I pay?

llecs · ‎05-10-2011

@Anonymous wrote:
Thanks llecs for the reply,

My question is that they are charging interest. They sent me a settlement offer with an OC and a balance, but I have no outstanding debt according to the OC. Again, there is nothing on my CR's and my scores from here are in the mid 700's. Their offer was for the standard 40 to 50% off with language like: your credit report will be updated with payment made and paid in full, will this miraculously appear now on my credit report if it turns out to be mine and I pay?

At the onset of my early repair days, I encountered a number of OC's who claimed I owed nothing. I knew this wasn't true since I kept records of everything and knew I owed it. Quite often, a phone rep will pass the buck and claim it was paid but the $0 balance they showed was due to them selling the debt to a CA. Other times, the OC was contractually obligated by agreement with the CA that they are not to talk to you and heard many a excuse to get me off the phone. Yet other times computer systems merged and upgraded thereby showing no file or debt in their system. Can't remember if this was mentioned, but I'd recontact the OC and escalate it to a supervisor if needed, and for the last few bills. I'd also ask them when they sold the debt to the CA. If you find the right person, they'll tell you.

PEr interest, if your org. agreement with the OC allowed for collection and interest charges via a default clause, then the CA can do the same. If no clause is mentioned, then some states have a default rate. I'm in VA, for example, and the default interest rate as set by law is 18%.

If inside CRTP they can report as paid after you pay it, but they can also report anytime too. I'd take the steps above (plus with the DV CMRRR, BBB complaints, etc.).

RobertEG · ‎05-10-2011

DV letters and the entire DV process is not a legal proceeding. While the term "debt validation" seems to be legally encompassing, in most cases, it is not.

Debt validation has many diverse meanings, and only a court ultimately decides on debt validation issues.

Debt validation under the FDCPA does not require that they provide you legal proofs, It only requries that they validate that the OC has assigned collection of the debt to them, the name of the OC, and the amount of the debt under collection. So waiting for a non-cumpulsory debt validation wont really address your issues regarding legitmacy of the debt itself.

The OC is the party who has the records regarding legitimacy of the debt, and thus legitimacy of their collection referral. If the OC ever reported to the CRA, and that reporting is still in your CR, then I would start by filing a direct dispute with the OC under FCRA 623(a)(8), rather than relying only on the farily ineffectual DV process. Direct disputes requre OC investigation of the accuracy of their reporting, and communication back directly to you of their results.

Anonymous · ‎05-12-2011

Okay,

So after exhauting research it turns out that I do have an account that has gone unpaid purely do to a wrong addy many years ago and I truely thought I paid it off. Since they are offering me a settlement, should I go this route. I tried to contact the OC and they are not willing to take a payment. What are the chances of the account being resold to pick up the balance? any advice?