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Midland Credit Issues - Need Advice

Dhar33
Regular Contributor

Midland Credit Issues - Need Advice

Hi guys!

 

I love these forums. They've always been so helpful. I've been steadily working to bounce back from some pretty severe credit issues. I've had some really great successes. But, Midland has been haunting me for a while. And, recently, they sent me a letter stating the my account was pre-legal review, and that I needed to respond urgently... I imagine this is probably just a bully tactic. But, I do want to be prepared.

 

1. How likely is it that they will persue legal action? I don't want to ignore the notices to find that I've been served.

2. The account in question is a Comenity Account in the amount of 3220 dollars. They report the charge-off date as 10-9-2017, but I am not entirely sure if this is the date of first delinquency? And, I have been looking over my reports, and can't find what it would be. Comenity's information tells me nothing, says I never paid on it and that it immediately went delinquent? 

3. I reviewed the agreement for this particular card, and it has a really great arbitration clause. It states that JAMS would be an option, and that I am wholly eligible to elect for arbitration in the event of this kind of dispute. However... Not entirely sure how to. Ha ha. I've seen some advice related to electing for arbitration in the event that Midland does go through with legal action. Does any body have any experiece with this or insight on it?

4. I am worried that I am losing my opportunity to settle, if this is the better route to go. I do not have 3200 dollars on hand, and I wouldn't want to pay the full amount anyhow, since chances are Midland paid somewhere in the realm of 90-100 dollars for my account (speculative, of course). And, I've read that it's not the greatest idea to call them. Any insight on this, as well?

5. My primary objective is to avoid a judgement. I don't want a judgement on my report, and will take whatever path that avoids this from happening. But, I also want to keep myself in a good financial position (it look a really long time to get where I am), and avoid being manipulated by Midland. 

6. I imagine that worst case scenario, I file for bankruptcy? Would this stop the court/judgement process?

 

 

Thank you guys in advance! These forums are amazing. And, I really appreciate all the good that goes on here.

 

 

1/14/19 - TU: 457 | EX: 403 | EQ: 458
Message 1 of 8
7 REPLIES 7
Aspireto850
Established Contributor

Re: Midland Credit Issues - Need Advice

@dhar33,

Have you checked Midlands website to see if they’re offering you a settlement? I don’t have direct experience with them but 99% of folks on here say they will remove the tradeline once you pay them; even if it’s settled. Try that approach and maybe it will halt any legal issues. Good luck








Message 2 of 8
ImTheDevil
Community Leader
Super Contributor

Re: Midland Credit Issues - Need Advice

They delete upon payment as long as the debt is at least two years old - it’s right on their website.


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Message 3 of 8
spiritcraft1
Valued Contributor

Re: Midland Credit Issues - Need Advice

I the original account on your reports still?  Is so, that is the important date.  What state are you in?  

 

Electing Arbitration can help and can scare them away but you would likely want to find out SOL status also.  

 

I also recieved "pe legal" letters from them 6 months prior to SOL and then they never followed through.  I would not go by that but at the time I was read for Arbitration as at least a tool to negotiate with.  Good luck!


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Message 4 of 8
Boisvert
Frequent Contributor

Re: Midland Credit Issues - Need Advice

Have you disputed this with the CRAs and Midland? I’d send them a request for settlement/deletion and a notice of election to arbitrate. Essentially you are saying “Pursuant to the CC agreement I elect to arbitrate”. What you are doing is forcing them to arbitrate which is very expensive. If they sue in small claims, you can have it remove to arbitration plus now you most likely have them for breach of contract. Keep in mind someone like midland would be more likely to settle and PFD if you are able to negotiate with them and can have this deleted from your credit. If you elect to arbitrate two things can happen: 1. They know arbitration is expensive and might give you leverage to negotiate a lower amount. 2. A notice to arbitrate will get them upset and they might not want to delete.

I was successful in having a tradeline deleted after sending a notice of election to arbitrate but I had this CA on sever violations at the point.

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Message 5 of 8
FireMedic1
Super Contributor

Re: Midland Credit Issues - Need Advice

It comes down to communication. Go on their website and see as the poster above stated and see what the settlement amount  is. It may be a lot less than what you may think. Then call them and set up a payment plan and once paid they will delete it off your reports. But you have to act quick. Messing around with this arbitration stuff. No. Communication goes a long way. Speak to them and get it over with so you can recover in time. Once its gone. Major point increase. (Without knowing your whole file) Good Luck!






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Message 6 of 8
Dhar33
Regular Contributor

Re: Midland Credit Issues - Need Advice

Just wanted to thank everyone for the replies. Also, wanted to provide a quick update. I am sure my experience will also probably help others in the future.

 

For now, in response to the letters, I've sent Debt Validation letters. I was surprised to find another letter from Midland Credit for a different account I wasn't aware of. And, this letter actually came from an attorney. So, I wrote up two letters in response to them this weekend, and sent them certified mail.


I've disputed these in the past, only to be met with some very vague "this account meets x requirements and no changes will be made". But, I've never actually been sent any documents or statements with specific information. So, I am hoping that these letters will be more effective. Once they've been properly validated, or not, that will better help me determine how I should proceed. (Arbitration will more likely be next step.)

 

Medic, I actually checked the website to sate my curiosity. There was one account, and the offer was full price with very  unnactrive payment arrangements. And, the other was completely grayed out. I imagine that is because it's now under attorney review. So, don't really think this is the best way to go at the moment.

 

Thank you guys again for your very helpful responses! 

1/14/19 - TU: 457 | EX: 403 | EQ: 458
Message 7 of 8
Dhar33
Regular Contributor

Re: Midland Credit Issues - Need Advice

Still waiting to hear back from anyone... Though, it's only been a couple of days. I am relatively certain the law firm tried to call me. But, I didn't answer. How do I notify them that I only want to communicate via writing?

1/14/19 - TU: 457 | EX: 403 | EQ: 458
Message 8 of 8
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