Midland- Can they do this?
Date: Mon, 07/09/2007 - 10:58
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.
Do you have the agreement signed by MCM where you mentioned abou
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?
Don't worry about it. Continue to send what you agreed to send u
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.
Res Judicata,estoppel,laches,and unjust enrichment come to mind
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.
When an account falls into collections the debt has been called
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.
Do u have a written agreement with MCM stating that both of you
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
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?
