Debtconsolidationcare.com - the USA consumer forum

HELP----don't know what to do

Date: Mon, 03/20/2006 - 14:04

Submitted by anonymous
on Mon, 03/20/2006 - 14:04

Posts: 202330 Credits: [Donate]

Total Replies: 13


Hi there-

About 10 years ago a ex took my credit card and charged on, when I found out I contacted the company (citybank), they told me there was nothing I could do. I attemtped to collect the debt from my ex (I remember it being around $2000) and even tried to settle with what citybank what little money I had in savings (like offering $.50 on the dollar). Long story short, I even filed a police report- about the stolen card- disputed it with citybank- and NOTHING has been said/done in over 5 years. In fact when I bought my house last year it said "write off- client disputed charges"-All of the sudden, last month got a credit report with a negative note listing Midland credit managment , and then now a letter from Midland credit managment asking for 4000.00 to cover the debt-- but if I pay within 30 days can settle for $2000.00-- I don't know what to do, I no longer have any of the documention from the account- like I said it has been over 5 years since I have heard anything and the account has been closed for over 7-8 years... Help!!!! What can/should I do?? I need advise!!!


Hi Krista! so its been over 5 years since you've heard anything and you're saying the account has been closed for 7-8 years??
First off, if you have the time frame right, this debt sounds like it has ran out of SOL.
You need to send Midland a 'validation request letter' ASAP. They need to prove to you why they say you owe what you owe-how they came to the $4000.
You don't have a copy of the police report you filed? Is there any way you could go to the police station and get a copy from their files? You will need this to prove that you were a victum of fraud. Send the validation letter first, asap, this will buy you time while you try to get a copy of that police report. IF, and thats a BIG IF, midland validates, you can then send them the copy of police report showing fraud. Send your validation letter certified return receipt so that you have proof that you sent it, in case you should need it later.
And i guess I don't have to tell you this now--but from here on out, save every peice of paper you get concerning a debt. You may look at it and think its trash, but you never know down the road when you might need it again.


lrhall41

Submitted by imkimssister on Mon, 03/20/2006 - 15:01

( Posts: 1301 | Credits: )


Shirley is so right about keeping everything. You never know when it will come in handy. I would send the validation letter disputing the debt to Midland. Have they contacted you by phone only or by letter as well? You have thirty days from the date of receipt of the letter to dispute it. The CA must validate the debt before any collection activity can continue. I would try to find a copy of the police report as well.


lrhall41

Submitted by Cow & Chicken on Mon, 03/20/2006 - 16:59

( Posts: 3571 | Credits: )


I know that I haven't heard anything since 2000. I have moved 7 times, in 3 different states since then--so I guess this is the reason I have no idea where the paper work is.

Also, what is a valdation letter? What does it include, etc? Midland has only contaced me with a letter, but it wasn't even that. It was a tear apart bill- stating with a slip to send in $2000 within 30 days.

Thank you for your help!
Krista


lrhall41

Submitted by on Tue, 03/21/2006 - 05:14

( Posts: | Credits: )


I found a sample letter on this site, but I am having a hard time finding an address that isn'ta PO box. Where would I send the letter... the address on the envolope they sent me (to send the payment to) wasn't a PO box, but was is Los Angeles, the PO box is in San Diego...Where can I find this address?


lrhall41

Submitted by on Tue, 03/21/2006 - 05:27

( Posts: | Credits: )


Krista,

Go through this article to know about debt validation first-

http://www.debtconsolidationcare.com/validation.html

You should send them DV letter via certified mail with return receipt requested. You can collect a format letter that suits your need from the list of sample letters-

http://community.debtcc.com/letters/index.html

I will recommend you to check the SOL first. As you have moved out of state, the SOL clock might have stopped temporarily. However, you should check if the account is within the timeframe or not.

But if the account was fraudulently charged, then you should contact them and explain that you lost the card in past. Hope they will cooperate with you. Keep us posted.


lrhall41

Submitted by stanley on Tue, 03/21/2006 - 14:11

( Posts: 1639 | Credits: )


The debt was in MN, I what I found is in MN the

..."Breach of contract for sale under the UCC: 4 years, (MSA 336.2.)." NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541). Tolling: New written acknowledgment or payment tolls the statute of limitations for the debt.

What does this mean? I haven't contacted them at all since 2000-- Haven't heard a thing or had any contact. Does that mean my SOL is expired?

Thank you all for your help! You don't know how thankful I am for this site and everyones input. It has helped me stay calm and informed---otherwise I'd be freaking out!!!!!


lrhall41

Submitted by on Sat, 03/25/2006 - 07:52

( Posts: | Credits: )