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Midland- Can they do this?

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PostPosted: Mon Jul 09, 2007 10:58 am Subject: Midland- Can they do this?

Hi-
I have a debt with MCM from an old citibank account ($20,000). The lady I talked to at first, back in March, was very nice. I couldn't pay the balance or the settlement amount, so we agreed to monthly payments of $300, which I have made on time every month, by checks through the mail (no postdating, although they really tried to get me to do so). This morning I got a call from a VERY nasty lady from their company stating that I was supposed to be increasing my payments monthly in $25 increments ($25 more this month, $50 the next, etc). I can't really afford to do that, and she said I had no choice or I had to pay the full amount. I told her that this wasn't the agreement I had made, and she said that didn't matter. My question is what should I do next? Should I just continue to make the $300 payments? She said if I didn't send more money they'd start a lawsuit and garnish my wages. I called back and left a message for the supervisor, but haven't heard back.

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PostPosted: Mon Jul 09, 2007 4:23 pm Subject:

Do you have the agreement signed by MCM where you mentioned about paying $300 each month and there will be no additional amount until paid off?
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PostPosted: Mon Jul 09, 2007 6:04 pm Subject:

Don't worry about it. Continue to send what you agreed to send until it is paid off. You probably have about half of it paid by now; they will not sue you - mainly because if they did, they would be thrown out of court when you presented cancelled checks showing that you are making substantial payments in good faith. Also, send them a cease and desist letter advising them not to call you again.
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PostPosted: Mon Jul 09, 2007 7:18 pm Subject:

Res Judicata,estoppel,laches,and unjust enrichment come to mind if they filed suit.These are all defenses you would raise in your answer.Res Judicata may not apply unless you have a written agreement.I would also file a counter-claim for breech of contract.You have at the minimun an implied contract by them accepting the funds.
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PostPosted: Mon Jul 09, 2007 7:36 pm Subject:

When an account falls into collections the debt has been called due in full.

You can mail in whatever payment you want honestly. They will post it to your account.

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PostPosted: Tue Jul 10, 2007 1:06 am Subject:

Do u have a written agreement with MCM stating that both of you had agreed for a monthly payment of $300? If you have it written, then do not worry, they can not do anything
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PostPosted: Tue Jul 10, 2007 8:15 am Subject: Midland

Thanks for the help. They sent me a letter when I made the deal with their collector saying that I would pay the $300 per month, but it said nothing about increasing payments. It said that as long as I made the payments, there would be no interest charged on the account. So you think I'm okay not doing the increasing amounts? What if they send me a new "agreement" with this on it? Ignore it, and continue with my original plan?
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