Internet's first get-out-of-debt community - 123,000 members

RM

I recently recieved a settlement offer from Midland Credit MAnagement, Inc. It has Associates listed at original creditor. It is also listed on my credit report under Midland Credit Management. But was not on my credit report in July 2005. What should I do about this problem?
Thanks

Posted: Wed Nov 16, 2005 3:21 pm Subject:

Hi RM

Welcome to the forums.

It might be possible that the collection agency has reported in your credit file during the recent times. If they are appearing in your account as collections, it means that they have hit your file negatively. You need to ask them for debt validation so that you get a true picture of the debt.

Please send a letter requesting for the following info as a part of debt validation guided as per the FDCPA laws.

The amount of the debt.
The name of the creditor to whom the debt is owed.
There should be a statement that if the consumer does not dispute within 30 days, the validation will be treated as valid by the collection agency
A statement that if the debt is disputed, it will be verified by the collection agency
A statement that if the name and address of the current creditor is different from the original creditor, it will be provided by the collection agency.
All the calculation should be shown of the amount that is owed.
Provide a verification or copy of any judgment if applicable
The Statute of Limitation needs to be proven for the collection of the debt.
The license of the collection agency applicable in the state
Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

If they can give you the necessary information on the following debt, you can make payment arrangements with them. You need to pay this debt as early as possible to prevent any further damage to your file.

If the debt has not been validated by them, you have to prevent your credit file from displaying inaccurate negative information. So, your first step is to send a DV letter through certified mail with return receipt requested. You will be able to track all your correspondence with them.

Regards
Roxette

RM · Posted: Wed Nov 16, 2005 3:42 pm Subject:

Thanks Roxette for the information. Does the following sound correct?
Date: November 16, 2005

Midland Credit Management
5775 Roscoe Ct
San Diego, CA 92123-1356

Re: Acct Ref. # ********

To Whom It May Concern:

This letter is being sent to you in response to noticing an entry by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

What do I need you to provide as the debt validation.
1 What the money you say I owe is for;
2 Explain and show me how you calculated what you say I owe;
3 Provide me with copies of any papers that show I agreed to pay what you say I owe;
4 Provide a verification or copy of any judgment if applicable;
5 Identify the original creditor;
6 Prove the Statute of Limitations has not expired on this account
7 Show me that you are licensed to collect in my state
8 Provide me with your license numbers and Registered Agent
9 Proof that the collection company owns the debt/or has been assigned the debt. (Proof showing you are legally entitled to collect this particular debt from me.) This is basic contract law.
10 Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11 Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1 Violation of the Fair Credit Reporting Act
2 Violation of the Fair Debt Collection Practices Act
3 Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing or any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

I found that letter on your website and modified it to fit my situation. If I need to make any changes please let me know.
Thanks
RM in Indiana

Posted: Wed Nov 16, 2005 3:59 pm Subject:

I have edited your account number for your safety. The content of the letter is giving the required legal importance.

Please do send this letter through certified mail with return recept requested.

Christopher W.Roberts · Posted: Wed Nov 30, 2005 1:09 pm Subject: mcm account no. 180****

i would like to pay this debt of the oriiinal amount of the card of $2000.00, this is the amount of my income taxes and I would like ot clear this up now

Account number deleted for you safety - Denny

Posted: Wed Nov 30, 2005 2:10 pm Subject:

Hi Christopher

You must be making this payment request to Midland Credit Management. Please contact them at their customer care cell and make the payment arrangements.

This is not Midland Credit Management as you have placed the request here.

If you wish to consolidate the amount, this site can help.

Regards
Roxette

quail creek country club · Posted: Thu Dec 08, 2005 3:13 pm Subject:

has this entity paid for any bad debt?? Check 4781, April 7, 2005--trying to check records

Posted: Thu Dec 08, 2005 4:01 pm Subject:

quail creek country club

Are you referring to any request with Midland Credit Management? You need to place your query with their customer care cell.

East Coast · Posted: Tue Dec 13, 2005 9:07 pm Subject: Midland Credit Management

I got a call from Midland Cred Mgmt last night for a fuel card which I have never owned. To what address would I send the letter I see below (RM in Indiana) this post? Is it the same address? Thanks very much.

Posted: Wed Dec 14, 2005 10:39 am Subject:

East Coast

Please send your letter to the address of Midland Credit Management used by RM in Indiana.

Check your credit report and see if the company has hit with any information. If it is not valid, dispute with the company and get it removed from your file.

East Coast · Posted: Wed Dec 14, 2005 8:49 pm Subject: midland credit management

Thanks for your response. I have to confess I knew nothing of the "collection world" until yesterday, and I have googled enough to write a really scary movie, with Midland as the arch-enemy. Thanks for your very helpful info I have read on this forum. I hope my situation doesn't become a real situation! Thanks again!

Posted: Thu Dec 15, 2005 10:24 am Subject:

Hi East Coast,

Do not be afraid! The debt collectors cannot violate the federal laws while doing the collections. You have to stay strong and be aware of your legal powers that can force the collection agencies to act within the FDCPA laws. Please have a look at the federal laws regarding debt collection at the Federal Trade Commission website.

Once you are aware of your powers, take specific actions against a company if it is violating the laws. You can submit your complaints at the local BBB office as well as in the FTC website. Place a copy of your complaint at the DA's office also. All the companies get their approval from this office. The consumer protection office has the legal powers to cancel the license of a company if it is violating the laws. They can be heavily penalized for their illegal activity.

East Coast · Posted: Thu Dec 15, 2005 12:02 pm Subject: thanks

thanks for your support!

rm · Posted: Tue Dec 20, 2005 9:07 am Subject:

well I sent my debt validation letter to Midland early in December, they recieved it on Dec. 9th. Now I received a letter from them dated Dec 13. This is what the letter says:
Dear ,
The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.

We are attempting to verify your dispute and it would be helpful to have a copy of any documentation you may have that proves your dispute. In the interim, we have requested that the three major consumer credit reporting agencies change the status of this account to "Disputed".*

Please mail or fax cancelled checks, paid letters, police reports, or any other documentation you may have to support your claim to 800-306-4443 Attention: Consumer Relations.

We can be reached at 800-825-8131 ext. 2980 should you have any further questions.

Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any informatio will be used for that purpose.

Sincerely,
Consumer Relations
800-825-8131 ext 2980

*Your credit report will not be updated if the federal reporting period has expired.

So can anyone tell me what they are doing about my validation letter? Are they just fishing for information or what?

Thanks!

rm · Posted: Tue Dec 20, 2005 9:44 am Subject:

Recieved letter

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 123,000 members

Midland Credit Management Inc listed on my credit report

Members Area

Free Debt Counseling

Ask the community

Featured Discussions

Featured Articles

Question of the Month

Useful Links

Recent Forum Discussions

Recent Blog Post