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Pre-Legal notice from Midland Credit Management - need some urgent help

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biz2017
New Visitor

Pre-Legal notice from Midland Credit Management - need some urgent help

I really hope someone can steer me in the right direction. I stopped paying my Comenity Bank card back in April 2023 with a $20,000 balance on it. In November, they contacted me through email saying they sold my account to MCM. On February 6, I got a "Pre-Legal" email from MCM showing my account balance and offering a payment plan. After logging into the account they provided, they were able to go as low as $170/month for 119 months which I've been told is surprisingly lower than most people offer.

 

However, I am being told from some people to send a Debt Validation letter, that it's possible MCM will not have the details required and that it could cause them to just dismiss everything. Let me be clear that I haven't been sued YET but I am sure it's coming when I see them suing people for $500.

 

At the moment, my income is very little. I had a bad 2 years with my business and I'm trying hard to build it back up (it's finally slowly moving forward as of last month). $170 a month I COULD do but it does hurt at this very moment. So now I'm trying to figure out, is it worth sending this Debt Validation letter? I would have to send it tomorrow before 30 days is up. Can it result in MCM removing the $170 a month offer? I'm stuck because of my income and not sure where to go with this.

 

I would really appreciate any help I can get with this. I always planned to pay back the debt but truthfully thought I had time before anything like this would happen. I have tried to avoid going to a lawyer because again, I just can't afford that right now. 

Message 1 of 21
20 REPLIES 20
biz2017
New Visitor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help

Can anyone give me advice on this? I would like to send the debt validation letter today if it's recommended I go that route. I really appreciate any help. I've had no luck so far trying to get a free consult with a lawyer on this.

Message 2 of 21
Slabenstein
Valued Contributor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help

There are many members of this board who know a lot more about this process than I do, so my answer will have to be kind of provisional, but:

 

1) Yes, I think it's worth it to send a debt verification letter if you're within 30 days of having received your debt valiation letter from MCM, given the very low commitment of time and resources on your part to do so.

2) A debt verification letter is not the magic, delete-your-debt bullet that YouTube and other places might lead one to believe, so you'll want to have reasonable expectations about what the result of sending one will be.

 

From what I understand, the bar for what the collector has to provide in response to a verification letter isn't particularly high.  I know there are a lot of letter templates online with a list of documents the letter states the debt collector has to provide, but debt collectors are under no obligation to abide by any of those lists.  If you sent your debt verificaton letter within the 30 days, then the collection agency has to stop collection efforts while they investigate, but I think the law is pretty vague about what specifically they have to send back to you as proof.  If you don't accept what they send as proof and think what they have might not stand up in court, then you'd probably be looking at hiring a debt attourney to take it any further.


Message 3 of 21
biz2017
New Visitor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help

I really appreciate your quick response. Me knowing that the debt is actually valid, what is the purpose of sending a debt validation letter? I have researched this and the general consesus is that everyone should send a validation letter but I cannot figure out why if I do know that I did in fact have that debt, and I do know that MCM is a legitimate company that collects these debts. The general consensus online seems to be: "they may not have the information and can dismiss everything." But that sounds crazy to me especially for a $20,000 debt.

Message 4 of 21
CorpCrMgr1
Valued Contributor

Re: Pre-Legal notice from Midland Credit Management - need some urgent help

Send a return receipt letter requesting proof of all the charges. Request copies of all statements and receipts, include the original request for credit. Do not open further emails. State you are to be contacted only through the USPS. Take no phone calls.

Since you are running a business, if you have an attorney ask your legal counselor to send it.

The collection agency will find legal representation where you live for $20K. 

Since your debt is very recent, you may wish to counter the offer. If judgment is passed against you, you may offer a lower amount of payment that will probably, please note the word  probably, be accepted by the court.

Good luck!

Message 5 of 21
Slabenstein
Valued Contributor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help


@biz2017 wrote:

I really appreciate your quick response. Me knowing that the debt is actually valid, what is the purpose of sending a debt validation letter? I have researched this and the general consesus is that everyone should send a validation letter but I cannot figure out why if I do know that I did in fact have that debt, and I do know that MCM is a legitimate company that collects these debts. The general consensus online seems to be: "they may not have the information and can dismiss everything." But that sounds crazy to me especially for a $20,000 debt.


The reason to send it is that debt collectors don't always have great records for the debts they buy, so it is possible to get lucky and have a debt collector not actually have adequate record of the debt, even by the low bar they have to clear.  For a legitimate debt, I'd expect that they do, but, since the only cost to you in sending the letter is to write, print, and mail it, I'd say the small chance of clearing $20,000 still makes it worth it to send one.


Message 6 of 21
biz2017
New Visitor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help


@Slabenstein wrote:

@biz2017 wrote:

I really appreciate your quick response. Me knowing that the debt is actually valid, what is the purpose of sending a debt validation letter? I have researched this and the general consesus is that everyone should send a validation letter but I cannot figure out why if I do know that I did in fact have that debt, and I do know that MCM is a legitimate company that collects these debts. The general consensus online seems to be: "they may not have the information and can dismiss everything." But that sounds crazy to me especially for a $20,000 debt.


The reason to send it is that debt collectors don't always have great records for the debts they buy, so it is possible to get lucky and have a debt collector not actually have adequate record of the debt, even by the low bar they have to clear.  For a legitimate debt, I'd expect that they do, but, since the only cost to you in sending the letter is to write, print, and mail it, I'd say the small chance of clearing $20,000 still makes it worth it to send one.


I guess that's true the the small cost to send this can be worth it. I guess I'm just worried I might anger them and they will retract the offer they gave me.

Message 7 of 21
Slabenstein
Valued Contributor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help


@biz2017 wrote:

@Slabenstein wrote:

@biz2017 wrote:

I really appreciate your quick response. Me knowing that the debt is actually valid, what is the purpose of sending a debt validation letter? I have researched this and the general consesus is that everyone should send a validation letter but I cannot figure out why if I do know that I did in fact have that debt, and I do know that MCM is a legitimate company that collects these debts. The general consensus online seems to be: "they may not have the information and can dismiss everything." But that sounds crazy to me especially for a $20,000 debt.


The reason to send it is that debt collectors don't always have great records for the debts they buy, so it is possible to get lucky and have a debt collector not actually have adequate record of the debt, even by the low bar they have to clear.  For a legitimate debt, I'd expect that they do, but, since the only cost to you in sending the letter is to write, print, and mail it, I'd say the small chance of clearing $20,000 still makes it worth it to send one.


I guess that's true the the small cost to send this can be worth it. I guess I'm just worried I might anger them and they will retract the offer they gave me.


Again, I know a lot less about this than many other board members, but I wouldn't worry about it.  They probably get thousands of these letters every day; it's just part of the business that they're in.  It's your right under the law to reqest verification within those first 30 days, regardless.


Message 8 of 21
biz2017
New Visitor

Re: Pre-Legal notice from Midland Capital Management - need some urgent help


@Slabenstein wrote:

@biz2017 wrote:

@Slabenstein wrote:

@biz2017 wrote:

I really appreciate your quick response. Me knowing that the debt is actually valid, what is the purpose of sending a debt validation letter? I have researched this and the general consesus is that everyone should send a validation letter but I cannot figure out why if I do know that I did in fact have that debt, and I do know that MCM is a legitimate company that collects these debts. The general consensus online seems to be: "they may not have the information and can dismiss everything." But that sounds crazy to me especially for a $20,000 debt.


The reason to send it is that debt collectors don't always have great records for the debts they buy, so it is possible to get lucky and have a debt collector not actually have adequate record of the debt, even by the low bar they have to clear.  For a legitimate debt, I'd expect that they do, but, since the only cost to you in sending the letter is to write, print, and mail it, I'd say the small chance of clearing $20,000 still makes it worth it to send one.


I guess that's true the the small cost to send this can be worth it. I guess I'm just worried I might anger them and they will retract the offer they gave me.


Again, I know a lot less about this than many other board members, but I wouldn't worry about it.  They probably get thousands of these letters every day; it's just part of the business that they're in.  It's your right under the law to reqest verification within those first 30 days, regardless.



Just an update. I sent them the letter asking for:

1.       Proof that they have the authority to colllect.
2.       Proof my account was sold to them.
3.       Copy of my original signed agreement with the original creditor
4.       Detailed information showing transactions, amount of debt including fees, interest and charges.

I got a response back from them by mail 2 weeks later. All they provided was the last statement that I paid to the original creditor and the total fees, interest and charges. The FDCPA apparently doesn't require any of the other stuff. Is there anything else I can do at this point?

Message 9 of 21
Creditgirl23
Established Member

Re: Pre-Legal notice from Midland Capital Management - need some urgent help

I have dealt with Midland in the past. first thing you need to do is check your states law on the statue of limitation for debts. this will tell you how long a creditor has to sue you. The date will start from the original creditors charge off, not when midland acquired the account. I personally did not speak with midland I only new my account was sold to them when I got a credit alert. I did not attempt any negotiations, no PFD or GW. I disputed the account through transunion and I think by my second dispute they disappeared. 

Message 10 of 21
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