Midland Credit-Encore-MCM-Texas

hiya judy--

midland credit and MCM are the same company....encore is a different one.

If they are not bonded in TX, they can still report on your credit reports because those are nationwide and not exclusively related to Texas. however, I would take a good look at your state's laws--if i recall right it is illegal for them to take any collection action at all if they are not licensed and bonded in TX. double check that just to cover your back side.

Are they doing anything else besides reporting on your credit bureaus?

Midland isn't doing anything at all other than just reverifying this debt to the CB's. They might of sent a letter or two years ago but are completely leaving me alone. I have lived at the same residence for 6.5 yrs. so I'm not hard to find.

The account they are reporting is past Texas SOL if you use Midland's DOFD date of 12/2002. It has been illegally re-aged but I have no way to prove such except that the original creditor quit reporting it years ago. Sure wish I had that old credit report back.

Midland is showing a DOFD as 12/2002 which in reality is probably the year they acquired the debt. I disputed it with the CB's and Midland verified. Its due to fall off "again" in Dec. 2009 but they will probably just reage again for another 7 years.

OC was Fingerhut Credit Advantage. Records pertaining to account number, payments etc., are long gone as this was an account I opened in 1993 and went bad in 1995. Midland ignores DV.

Looks like I'm stuck with this thing forever.

no, actually, you arent....

you have sent midland a DV letter, I see. Did you send it certified mail, return receipt? If not, then send them another one by that method. Cost is just over $5 and well worth it. the USPS will send you a green signature card once MCM signs for your letter.

then, after you get the green card back, give it a couple weeks, and then dispute the debt again with the credit bureaus. inform them that you have sent validation requests repeatedly but the creditor refuses to provide validation. NOW--when MCM verifies the debt on your credit files this time, they will be in violation of the fdcpa....they cannot take any collection efforts until they have provided the validation you asked for. So, when they verify it, then take a copy of the following things:

1--the DV letter you sent to MCM, with the date on it that you wrote it up.
2--the green USPS card proving that they got it.
3--the updated credit report copy showing that they broke the law by verifying the debt as valid

and send it all by certified mail to MCM. this time, along with those copies(you keep the originals), send them a letter telling them that they are now in violation of section 809 of the FDCPA, and they now can either immediately remove the debt from all of your credit reports, since they have repeatedly refused to validate it, or you will be forced to file a lawsuit against them for FDCPA and FCRA violations, as well as complaint with the FTC.

then, let them answer as they will. That will tell you how to proceed.

Thank you for providing some hope for me but I do have one quick question.

Since I ignored their letter years ago, can I still now demand validation? I assumed I had lost that right years ago and that is why they ignored my DV letter a few months back.

As I posted earlier, it is due to fall off "again" 12/2009 and since they haven't contacted me in years and I plan on keeping this credit report as proof for this DOFD, do you think I should pursue or let sleeping dogs lay?

I found this statement in another post.

"The CA must send you proof of the details they had from the original creditor. Though it is not necessary for them to give their licensing info, but you can request for it. They must be licensed in your state first before collecting the money."

Just wondering but let's say my account was still within Texas SOL of 4 years. Would Midland be able to collect? I was unable to find them under this name on the Texas State Secretary site.

Is it correct that all they can do to me as a Texan is to put TL on CR?

The SOL in Texas has nothing to do with the time it can be reported on your credit report. Bad debt stays on your credit report for no more than 7.5 years, that is it. The time starts from date it was charged off or closed. The SOL on the other hand starts from the date of last payment.

If it says it is due to fall off on 12/2009 then that would mean the account was closed/charged off around 06/2002. If the original creditor was on your credit reports and has fallen off then that date would be different, which is most likely the case and MCM re-aged the debt in order to place it on your credit report to purposely hurt your credit.


OK now to your question, It appears they have a temporary registration in your state. This could be one of 2 things, they signed up with Texas and have yet to be approved or they had their rights revoked. If a debt collector must be licensed to collect debt in a state then they MUST provide you with their license number upon request.

Entity Information: midland credit management INC
8875 AERO DR STE 200
SAN DIEGO, CA 92123-2255

Status: TEMPORARY GOOD STANDING through January 16, 2009

Registered Agent: Not on file

Registered Agent Resignation Date:

State of Formation: KS

File Number: 0010076080

SOS Registration Date: Not Registered

Taxpayer Number: 14805817336


If you know it's out of the SOL then they CAN NOT sue you and collect, you can have that case thrown out in a flash. By right you are supposed to request validation within the first 30 days after the first letter but when it comes to your credit report, you should send the letter anyway and then dispute it with your CR's and HOPE they violate the law. Then you do as Skydivr said and send a intent to file suit along with all the other information if they do not delete the entries.

You are in Texas? Then you can ask for validation at ANY time. Plus, by Texas law they HAVE to validate within 30 days or they have to remove it from the credit reports. You need to also give them a written notice according to Texas Business and Commerce code chapter 17, that way if they fail to comply you can sue them for treble damages and Texas small claims court is now capped at $10,000.

Look up Texas Finance Code chapter 391 and 392, it lists it all right in there.

You guys have me FIRED up! I changed a little bit of a DV letter I found here, mentioned "illegally re-aging" and mentioned "Texas Finance Code Chapters 391, 392". Please feel free to tweak it before I mail CMRRR tomorrow morning.

Thank you for helping me!

I would not include the limited cease and desist. By law they can't contact you by phone once you send a validation letter anyway so that part is mute.

By telling them to only contact you by mail, to them is, no contact at all and you will not get any validation.

Add this to the bottom of your letter:

Business & Commerce Code ?? 17.505. NOTICE; INSPECTION. (a)

This is a written notice to cure the above violations and to provide proper validation. You have 60 days before I will file suit.

Oh and you can add the limited cease...I love it when they decide a 'no phone contact' translates into a 'no contact at all' because your letter was very clear on the matter and them trying to say you asked for no contract is completely BS. To make it crystal clear add this:

From this date on, all correspondence to me will be via USPS.

They can't get around that, even if they try. I know, I did the same exact thing and I won. :)

One more itty bitty question....in one paragraph I have 30 days, the bottom paragraph states 60 days. Is this correct or should I change?


Date: January 5, 2008

Re: Account # xxxxxxxxxx (Original Creditor ??? xxxxxxxxxxx)

Dear Sir or Madam,

This letter is being sent to you in response to receiving recent credit reports and your company has listed this account which I know has been illegally re-aged. This is not a refusal to pay, but rather 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 a request for validation made pursuant to the above named Title and Section. I request that your office provide me with legitimate evidence that I have any legal obligation to pay you.

Please provide me with the following:

*Provide me with copies of paperwork showing that I agreed to pay what you claim I owe;
*Provide a verification or judgment if applicable;
*Prove the Statute of Limitations hasn???t expired on this account;
*Show me that you are licensed to collect in the State of Texas and if so, provide me with your license numbers and Registered Agent;

I must also inform you that if any of your offices has reported invalidated information to any of the three major Credit Bureau???s (Equifax, Experian, TransUnion) this action may constitute fraud under Federal and State Laws. If any negative mark is found on any of my credit reports by your company I will have no choice but to seek legal action against your office for the following:

*Violation of the Fair Credit Reporting Act
*Violation of the Fair Debt Collection Practices Act
*Violation of the Texas Finance Code, Chapter 391 and Chapter 392
*Defamation of character

During this validation period, if you take action which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository which 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 documented and considered harassment.

From this date on, all correspondence to me will be via USPS. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.

Best regards,

Name


Business & Commerce Code ?? 17.505. NOTICE; INSPECTION. (a) This is a written notice to cure the above violations and to provide proper validation. You have 60 days before I will file suit.

They have 30 days to provide validation, the written notice is the time they get to correct the violations before you can sue for treble damages...you can leave off the written notice and just sue for normal damages..but why not go for the treble?:)

I see now. Okay, I'm printing and will CMRRR tomorrow morning. I will be sure to come back and update this post when I hear back. Thanks for the help with the wording.

I use to work as a Sec. in the DA's office so I am familiar with Courtrooms but my small knowledge of law is limited to Felonies/Criminal law. This whole Consumer/Civil stuff is brand new to me but I must admit, nearly as exciting.

I look forward to suing Midland and getting to visit with my old friends at the Courthouse.

It likely won't even make it to court. This is how mine went in a nutshell:

DVed....no response

Continued to try and collect

sent a reminder letter that the 60 days was almost up

still tried to collect...

sent an intent to sue letter...

ignored me

filed suit papers....

Lawyer calls screaming about how can I sue for $9000 over a debt lower then 300 - told lawyer to look up Texas laws

Lawyer called back not long later and we settled out of court with a tidy little check, removal from all 3 credit reports and complete closure of the account. :)

Good for you!

Just curious, if it does come down to me suing them, I'm guessing I just file in Small Claims court here in my County. Is that correct?

Sorry, I've never sued anybody before nor have I ever been sued. Look like I have alot more reading to do.

Is Midland and MCM the same company? If not then I have two collection agencies trying to collect on this same re-aged debt.

I sent Midland the DV letter and I received a letter today from MCM that only had data such as the date of charge off, original creditor, balance and when the account opened. No documentation at all. No documentation because they don't have any. Any suggestions for my next move?

One huge victory....NCO Financial sent a very nice letter notifying me that the account is closed in their office and that they have sent a request to delete their listing from my credit profile. YOOHOO!

MCM is Midland. The info they sent you meets the bare requirements of validation outline in sect 809 of the fdcpa but if it didn't come on the OC's letterhead, I wouldn't accept it. As far as NCO, there standard response to any DV is to send it back to the OC.

It is on MCM letterhead, not the OC. I have transcribed the letter I received below. These dates and amount is completely bogus. As I've said before, this Fingerhut account was from the early 1990's. Can someone provide advice for my next move? They also reverified with all the CB's.

Dear (my name),
Midland funding llc purchased all right, title and interest in the above-referenced Fingerhut Credit Advantage account on x/x/2005.

Our records indicate (My name) with Social Security Number ending (xxxx) is the responsible party on this account. The account was charged off on x-xx-2003. The account was opened on x-xx-1999. The account remains unpaid with a current balance of $xxx.xx

Sincerely,
Consumer Relations.

I being sued by midland and will be in court on 3/10/09. they hired an attorney in alabama, I don't know much about being sued. but i did write the attorney and asked that he proved me proof that i owe this money and he sent me a card number and the name direct merchant bank. I remember the name, but the card is 11 years old. and they are still try to collect. what should i do?

Quote:

The best thing to do when you have issues like this is to contact a consumer attorney. The National Association of Consumer Advocates (NACA) has a website where you can easily connect to attorneys who work in this field. The website is www.naca.net. Select the "find an attorney" tab, put in your state, select "debt collection", click whatever box makes the most sense (FDCPA, Not My Debt, Harassment and Abuse, etc.), and then click the search button to the left. A few attorneys will come up so the best thing to do is to (starting at the middle or bottom, because the top names probably get the most inquiries) send out a form email explaining the situation to all of the attorneys listed. If you leave your contact information, the interested lawyers should get back to you. Good luck.