MCM won't validate (Update: DELETED!)

[DaBears]

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@AccountingGuy wrote:

So,

If I want this off of my credit report, I basically have to file a civil suit? Is that going to cost me much?

I have read that they immediately back down to any lawsuit.  Also, I'm 99% positive that they can't validate the debt.

How would I start this process?

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I have midland in court as we speak it's going on 5 months. I have a consumer attorney handling mine. 

[AccountingGuy]

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@DaBears wrote:

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I have midland in court as we speak it's going on 5 months. I have a consumer attorney handling mine. 

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Is it worth going to an attorney over $343? The attorney fees will be more than the debt owed.

[AccountingGuy]

Bump...I really need to know how I should attack this.

[DaBears]

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@AccountingGuy wrote:

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@DaBears wrote:

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I have midland in court as we speak it's going on 5 months. I have a consumer attorney handling mine. 

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Is it worth going to an attorney over $343? The attorney fees will be more than the debt owed.

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Most consumer attorney's get their money back from the CA to cover their fee's. You would need to call and talk to one. What state are you in?

[AccountingGuy]

I'm in Ohio.  It appears some have had luck getting MCM to delete by paying the OC.  See this thread: http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Had-collection-with-Midland-for-T-Mobile-acco...

Do you think I should try this first?

[AccountingGuy]

So, after reading through the forums, I think suing midland will work.  Every case I've read has said they will call you and ask you to dismiss the case for a deletion.  I'm assuming that they will not bother showing up in court over $343.  It will cost them more than that in legal fees to try and win.

Any tips on what I should sue for?  A draft or legal wording would be GREATLY appreciated.  I have copies proving they won't validate my debt and copies of settlement requests they have sent after my DV request.

[AccountingGuy]

OK...so new information on the case.  They responded to my BBB complaint and stated the following facts in their case:

They mailed a dunning letter on 10/07/2012

They received a debt validation request on 12/17/2012 and that it was not timely.

Here's the thing: they mailed the letter to an address that I was not living at.  I have a copy of my lease that showed I moved in 6/28/2012.  Wouldn't this mean the clock never started because I never received the letter?

If so, they then ignored my DV and proceeded to send me collection letters in violation.

Do I have a case to argue back with the BBB?

[newmomnewme]

Bump @accountingguy, I just received the same letter today...I wish I had read your thread before I posted mine....LOL. They are brutal.  

[DaBears]

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@AccountingGuy wrote:

OK...so new information on the case.  They responded to my BBB complaint and stated the following facts in their case:

They mailed a dunning letter on 10/07/2012

They received a debt validation request on 12/17/2012 and that it was not timely.

Here's the thing: they mailed the letter to an address that I was not living at.  I have a copy of my lease that showed I moved in 6/28/2012.  Wouldn't this mean the clock never started because I never received the letter?

If so, they then ignored my DV and proceeded to send me collection letters in violation.

Do I have a case to argue back with the BBB?

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PM me, I'm going to give you some info.

[AccountingGuy]

Done