topic Re: Midland Credit Management in General Credit Topics

Midland Credit Management

Cory — Mon, 03 Dec 2007 21:12:26 GMT

Hello Lovely people,

This collection agency called me this morning and with the usual script, you know, blah blah blah, He was a nice guy by the way.

Anyway, you know when they call all they want to know is when are you going to pay the outstanding debt?

I said I'm in the process of doing my research because I live in California and the Stature of Limitations is 4 years and the account was charged-off in 2002. He said yes, you are right about the SOL but a collections agency has the right by law to report it for seven years.

I said so then if you can not collect the debt by law, why are you guys harassing me? and why do you keep calling me? he said well I can take your name off the phone list and remark that you don't want to be called.

What do you guys think about this? what would you have done is this situation? I already know what I'm going to do which is pay the collections agency a settlement just to get it from reporting.

But now I have the upper hand on this one, because I'm going to send them a PFD letter. I told him I will contact them by mail and no more telephone calls.

Am I opening a can of worms or the can have been open and the worms spilling out? let me know please,

Cory

Re: Midland Credit Management

SmartCookie — Mon, 03 Dec 2007 21:27:18 GMT

I would not pay them. I would demand that they remove all derog info from my CBRs if they would like you not to sue them for trying to collect a debt that was past SOL.

I hope they did not record you acknowleging the debt and talking about paying it though...

Re: Midland Credit Management

Cory — Mon, 03 Dec 2007 21:36:32 GMT

Thanks for your reply smart cookie,

Well even if they have me recorded saying I acknowledge the debt and that I will pay them, they would also have to play the part of tape when I said that it's against the law to harass me about it as well. And furthermore that is past SOL. The law is still the law.

Cory

Re: Midland Credit Management

BRH3 — Mon, 03 Dec 2007 21:44:03 GMT

Anyone have luck doing a PFD with Midland Credit Management? I have two collections with them and thought I would give it a shot.

Re: Midland Credit Management

SmartCookie — Mon, 03 Dec 2007 21:44:06 GMT

Definitely. This will be of interest to you. http://ftc.gov/bcp/conline/pubs/alerts/timebaralrt.pdf

Before you offer to pay in the interest of removing it from your CBRs, I would try to dispute it off first. Read the link though... be careful about a DV and resetting the timeline.

If a letter threatening to sue does not scare them off, you can still offer a PFD. They are riding a grey area and it just depends on how you want to play it out.

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 21:44:44 GMT

Hey Cory, they can attempt to try and collect a debt basically forever. But if you do request them not to contact you especially by phone I do believe they have to comply but there is no SOL on collecting the debt only when they can sue you and win and I do believe the state of Cali. has a law banning suit on debts passed the SOL. A simple Cease and Desist letter would be suffiecent. If you do want this off your Credit Reports you are right you are in a good position for a PFD.

As far as what the other poster said about threating to sue for them for reporting your debt even though it's past your state's SOL. Well, I wouldn't do that simply because of the old confusion of state's SOL and the alloted time for Credit Reporting which is 7.5 years. They aren't in any violations.

Just wanted you to make sure you know all the facts and laws before proceeding with them. If you want to go for a PFD then yeah you are in a great position, but just remember there is no SOL on trying to collect and they may even resell your account and may have to do this all over again and no, they aren't in any violations by reporting since state's sol and credit reporting times are two different things.

Good luck and let us know how you make out.

Re: Midland Credit Management

Cory — Mon, 03 Dec 2007 21:53:53 GMT

Boswd,

Thank you.

Well this is the situation, providian charged-off the account in 2002 and presidio(a collection agency) pick it up from them and charged-off in 2004-2005. This year 2007, was the first time I heard from them in October. Back then I told them that I was not going to pay them.

Now, if the law says a collector can not collect a debt legally after the Stature of Limitations set by your state, how can they sue me? I'm confuse about that one.

This is why I would consider even paying them. What does that law protect if they still have a right to sue me?

Not trying to be frustrating at all please don't take it that way.

And thank you for your help,

Sincerely,

Cory

Message Edited by Cory on 12-03-2007 01:53 PM

Re: Midland Credit Management

SmartCookie — Mon, 03 Dec 2007 22:01:28 GMT

cory,

boswd is correct... there are just many angles to this. They can try to sue you (I'm not familiar with Cali's specific laws) but a judge would dismiss it if you're defense was that it was beyond SOL. They can continue to try to collect unless you C and D them.

I just think you might have a chance of having this all removed even on a harassment basis... they aren't wanting to have to deal with any FTC violations (this is different from reporting).

Just wanted to point out a few facts. Don't let it confuse you if you would just rather PFD and put it behind you. Make sure the OC is not reporting though... that's it's own issue and if so, needs to be handled. At least it will come off in 09.

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:08:54 GMT

yes just as smart cookie pointed out. IF they attempt to sue you, you want to answer the summons as the debt is time barred as your defense and the case would be dismissed. Again check Cali's laws regarding this I do believe they have a law that the Creditor can't even try to bring it to court. I wish all state's would adopt that rule.

Message Edited by Boswd on 12-03-2007 02:08 PM

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:25:33 GMT

SmartCookie wrote:

I would not pay them. I would demand that they remove all derog info from my CBRs if they would like you not to sue them for trying to collect a debt that was past SOL.

I hope they did not record you acknowleging the debt and talking about paying it though...

Uh Uh...If they did not know he did not want to be contacted they can contact him all they want, even past the 7 year reporting period. Now that they have been asked NOT to call, if they violate that, then the op may have a leg to stand on. SOL doesn't mean a collector cannot attempt to collect, the money is still owed afterall, it just means they cannot get a judgement to collect said debt. Nor can they contact the borrower if requested not to do so.

Message Edited by Brammy on 12-03-2007 05:25 PM

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:26:33 GMT

Cory wrote:

This collection agency called me this morning
...
I live in California and the Stature of Limitations is 4 years and the account was charged-off in 2002
...
collections agency has the right by law to report it for seven years.
...
I said so then if you can not collect the debt by law, why are you guys harassing me?
...
What do you guys think about this? what would you have done is this situation?

They can always try to collect, but FDCPA gives you the right to say bugger off and don't come back. If they don't, you can sue 'em.

Once you're beyond the SOL, they cannot sue and win.

Once your'e beyond the CRTP, they cannot report it to the CRAs. And it's 7 years, give or take 180 days, from the DOFD--usually the date it went 120 days late.

Question I would ask is do you know the DOFD? The CO was in 2002, but was that the DOFD? If so, then in 2009 it drops away. If you aren't planning to buy a home or car in that time, you can ride it out and it goes away in full.

Even though the weight of the law ain't behind it, I would DV the CA on the premise that they don't have any standing to sue, they are calling to fulfill a checkbox, and perhaps they don't own the debt. In that case, they go bye-bye. If they do own the debt and they validate, then you choose whether to tell 'em C&D or dangle a PFD letter in front of 'em.

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:35:37 GMT

I had this same problem with Midland. I used Noah's advice and sent a DV letter. They responded by sending a settlement letter. I then sent a demand to remove due to no response and about a month later it was removed.

Re: Midland Credit Management

Cory — Mon, 03 Dec 2007 22:37:57 GMT

First, thank you Boswd, Smart Cookie and Brammy.

The problem is, even if I pay Midland Credit Management, it will not do me any good. And the reason why I say that is because, presidio is the collection that reflects on all three credit reports. And they are the ones who sold the account to Midland.

Midland can't agree to remove presidio can they? As far as I know now, Midland has not reported on none of my reports, and probally it's because of the SOL thing.

Thanks for all of your help, any little bit counts

Your guys are real friends,

Cory

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:40:11 GMT

IF you are past SOL they cnnot sue you and you have alreayd told them not to contact you...ride it out. Hoeever, prepare for it to rear its ugly head off and on in the future....otherwise known as zombie debt....

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 22:42:52 GMT

Cory wrote:

The problem is, even if I pay Midland Credit Management, it will not do me any good. And the reason why I say that is because, presidio is the collection that reflects on all three credit reports. And they are the ones who sold the account to Midland.

On a collection, the OC and the current CA are the only ones who can report. DV both Midland AND Presidio. If Midland has it, then Presidio needs to FOAD or else they are in violation.

An OC can sell it to A, who sells it to B, who sells it to C, et. al. who sells it to Z, but only the OC and Z can report.

Re: Midland Credit Management

Cory — Mon, 03 Dec 2007 23:01:58 GMT

Thank you Noah and the rest who pitch in. I am a little more educated now than I was yesterday. I will DW both of them. I'll keep you guys posted. Pray for me

Love and Wishes,

Cory

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 23:03:54 GMT

I would dispute the presido one on all three of your reports, if they don't own it they can't report it. You just may get the best of both worlds.

Re: Midland Credit Management

Anonymous — Mon, 03 Dec 2007 23:07:31 GMT

Also I wouldn't DV Midland at least not yet. If you do , they could be like " OK you want to play this game, well we'll play ours" and then report it. I would only DV is they report and then again you are in great position for a PFD.

Re: Midland Credit Management

Cory — Mon, 03 Dec 2007 23:24:57 GMT

That makes a lot of sense, I'm not going to deal with them right now. I did tell the guy I would call him back at the end of this week, oops you think I should? or to be on the safe side, no?

Cory

Boswd wrote:
Also I wouldn't DV Midland at least not yet. If you do , they could be like " OK you want to play this game, well we'll play ours" and then report it. I would only DV is they report and then again you are in great position for a PFD.

Re: Midland Credit Management

Anonymous — Tue, 04 Dec 2007 00:13:23 GMT

Problem is - depending on state law for SOL - that if you acknowledge it and have told them you will pay the SOL can re-start from today.

This is one reason to NEVER, EVER talk to a CA - just respond that you would prefer to be contacted in writing.

It is also the reason that every wriiten communication with them should include "I dispute the validity of this debt". CYA especially if it is past SOL and their only hope of ever seeing any money is by you wanting to pay them something just to get it off your report.