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Established Member
lil_genuine2004
Posts: 12
Registered: ‎05-30-2007
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Received Letter from Midland Credit Management about Arbitration being filed against me.

This is account is like from 2002. Can they actually do this? I live in FL. Isnt this past Statute of Limitations? Here's what the letter says:



Dear Parties: On September 27,2007 the American Arbitration Association ("AAA") received a Demand for Arbitration that arises out of a contract between you and Verizon Wireless. That contract contains a section which states that any controversy or claim that arises out of or relates to the contract will be settled by arbitration by the AAA. The Claimant that filed the demand for Arbitration against you is named above. The claimant also informed the AAA that they sent you the Demand for Arbitration. If you did not receive the Demand for Arbitration or if you have any questions about it, please contact the Claimant: (midland Credit management) Because an arbitration proceeding has been filed against you, you may answer the demand for arbitration or file a counterclaim within fourteen days of the date of this letter june 26,2008.

Ok, guys first of all.... I do have an idea about what this is for. when i was 18, i think i remember my aunt or someone getting a phone from verizon and putting it in my name.

I just disputed this with equifax. is it too late to dispute this at this point?



What are my options? Please help!! This letter was sent 3 months ago, i just got it in the mail.
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Posts: 11,562
Registered: ‎08-29-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

[ Edited ]
The date on that is nearly a year ago.
 
You are just now receiving this letter?
 
If this is from 2002, it should be past SOL.
 
Hopefully, someone with experience with arbitration will chime in.
 
 
ETA: Just saw the date at the end of June 2008. When is the letter postmarked?
 


Message Edited by sidewinder on 09-14-2008 11:35 AM
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Timothy
Posts: 9,252
Registered: ‎03-19-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

The Federal SOL - they must have started collection activity within 2 years.
 
Contract SOL in FL is 5 years
 
SO you need to check your dates- send a letter saying you did not recieve the Demand for Arbitration and a DV to them.
 
You had an Arbitration clause on your contract- so Arbitration must be attempted prior to trying to sue you. 
 
 
Established Member
lil_genuine2004
Posts: 12
Registered: ‎05-30-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

Date of first Delinquency is 10/2002


Can you guys provide a link with a template of letters i can send to them?

This is past statute of limitations in FL right? What are my next steps? is it too late to dispute?


This is not fair
Established Member
lil_genuine2004
Posts: 12
Registered: ‎05-30-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.


sidewinder wrote:

The date on that is nearly a year ago.

 

You are just now receiving this letter?

 

If this is from 2002, it should be past SOL.

 

Hopefully, someone with experience with arbitration will chime in.

 

 

ETA: Just saw the date at the end of June 2008. When is the letter postmarked?

 


Message Edited by sidewinder on 09-14-2008 11:35 AM





The letter is postmarked june 26,2008 and they said i had 14 days to comply or they would take it as me not responding. Mind you, im just finding this letter in my mail.

Oh, and what do you mean... someone with experience with arbitration will chime in?

And if this is past SOL? i should be ok right? is there anything i need to do or send to prove this is past SOL?
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

I know nothing about arbitration but....you are past SOL   state and federal!!
 
Send the CA a DV and past SOL letters   CMRRR
 
Read and make all corrections needed!!!
 
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name TYPED only
 
PAST SOL
 
Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
               TITLE 47 > CHAPTER 5 > SUBCHAPTER IV > § 415
 
TYPE NAME only
 
 
Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

I believe the decision from arbitration hearings are enforceable in court, but I am not 100% sure.
 
If the letter is dated and postmarked in June and you only had 14 days to respond, then you've passed that deadline.
 
When you say you are just now finding this in your mail, do you mean it just now arrived or you are just now opening the letter and finding this out?
 
What I meant by someone else chiming in, was that I am not familar with aribitration, but maybe someone else here is and will contribute to the discussion.

lil_genuine2004 wrote:

The letter is postmarked june 26,2008 and they said i had 14 days to comply or they would take it as me not responding. Mind you, im just finding this letter in my mail.

Oh, and what do you mean... someone with experience with arbitration will chime in?

And if this is past SOL? i should be ok right? is there anything i need to do or send to prove this is past SOL?


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Established Member
lil_genuine2004
Posts: 12
Registered: ‎05-30-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

what does CMRRR mean??


Oh, and if i didnt respond to them within that 14 day period, what are they going to do? Can they sue me?


Oh, do i send the Past SOL and other letter to Midland or the AAA (American Arbitration Association)?
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

IMHO- the whole Arbitration is just another new trick for the CA's to try and collect a past SOL debt.  It goes to show how little everyone knows about Arbitration-as no one is stepping in with answers.
 
On my limited knowledge about Arbitration - there is Binding and non-binding -
In binding- both parties need to agree that that the arbitrators decision is final and is enforcable in court. 
 
CMRRR= Certified mail return reciept Requested
 
I would sne a DV -just like the letters above to the CA
 
I would ignore the Arbitration co-
  
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Timothy
Posts: 9,252
Registered: ‎03-19-2007
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Re: Received Letter from Midland Credit Management about Arbitration being filed against me.

Google
"American Arbitration Association" attempting to collect sol debt
 
Interesting 1st item in search- Bud Hibbs

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