Midland Credit Management

[Anonymous]

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Cory wrote:

This collection agency called me this morning

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I live in California and the Stature of Limitations is 4 years and the account was charged-off in 2002

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collections agency has the right by law to report it for seven years.

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I said so then if you can not collect the debt by law, why are you guys harassing me?

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What do you guys think about this? what would you have done is this situation?

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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.

[Anonymous]

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. 

[Cory]

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

[Anonymous]

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....

[Anonymous]

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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.

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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.

[Cory]

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

[Anonymous]

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.

[Anonymous]

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.

[Cory]

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

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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.

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[Anonymous]

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.