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Midland Credit Management, and not enough information

Date: Thu, 07/06/2006 - 12:57

Submitted by anonymous
on Thu, 07/06/2006 - 12:57

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hi there,

A while ago, I got a phone call from MCM claiming (out of the blue, to my mind anyway) that I owed them a huge sum of money for a debt from years ago from a credit card account they purchased. Now, I have had my share of debt and made some bad choices in college, but I make an effort whenever an old debt comes up to pay it off. The problem is, I don't remember ever having this card they claimed I had, and I don't think this debt is mine. They have my soc., and claim that I made one payment on the account. However, they haven't wanted to provide me with any account details in writing other than the account number (which doesn't help me, because I have no record of the account). They haven't provided a purchase record of the card or the original amounts or anything. I disputed the item on my credit report, and it was canceled. I was about to mail out a letter to the collection agency saying that there are 4 options as I see them: 1) they stop collection activities and leave me alone. 2) they can sue me. 3) they can provide proof (a signed slip, or whatever) that this is my debt, or 4) they can offer me a substantially reduced amount as a settlement and I'll pay that to get it over with. Does this sound like a reasonable letter to send? Not that I want them to sue me or anything, but I figure they'd provide me with proof first. It's really annoying 'cause they've treated me like some kind of criminal and keep calling while I'm at work, and it's making me sick. I seriously would pay it if I really thought it was mine. Anyway, sorry for the long post - any comments/advice would be appreciated. Thanks!


Don't send any letter but a debt validation letter, and send that Certified Maill Return Receipt Requested. Here is a sample letter:Quote:

Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on (????). 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.
Please provide me with the following:
??? What the money you say I owe is for
??? Explain and show me how you calculated what you say I owe
??? Provide me with copies of any papers that show I agreed to pay what you say I owe
??? Provide a verification or copy of any judgment if applicable
??? Identify the original creditor
??? Prove the Statute of Limitations has not expired on this account
??? Show me that you are licensed to collect in my state
??? Provide me with your license numbers and Registered Agent
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:
??? Violation of the Fair Credit Reporting Act
??? Violation of the Fair Debt Collection Practices Act
??? 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 to investigate 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 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 am revoking, in writing, any and all voluntary wage assignments you may have or had. 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.


Sincerely,


lrhall41

Submitted by dcashwell3 on Thu, 07/06/2006 - 13:03

( Posts: 379 | Credits: )


Thanks - I do have another question about this though, if you don't mind. Two, actually. First, does it matter that I've already talked to them on the phone (multiple times) and denied that this is my account? Secondly, if it turns out that I'm wrong (I'll grant the possibility) and it IS verifiably my debt, is sending a letter of this sort going to get me into trouble? If it is my debt, though I still do not believe that it is, and they can provide documentation to that effect, I won't be able to pay it all immediately.... Thanks very much for the reply, by the way!


lrhall41

Submitted by on Thu, 07/06/2006 - 13:11

( Posts: | Credits: )


Sorry, just one more - does it matter that I've taken awhile to write to them? First I wasn't sure what to do, then I had to fight to get the letter in writing - and now it's been probably 2-3 months since I recieved the letter. I was trying to research the debt to see if I could come up with any evidence that it was mine, but I couldn't find anything. Does having waited so long make me lose any of my rights or protections?


lrhall41

Submitted by on Thu, 07/06/2006 - 13:15

( Posts: | Credits: )


Quote:

First, does it matter that I've already talked to them on the phone (multiple times) and denied that this is my account?
No, it doesn't matter. IF it is your debt they CAN provide documentation, if they can't you have the legal right NOT to pay it.Quote:
Secondly, if it turns out that I'm wrong (I'll grant the possibility) and it IS verifiably my debt, is sending a letter of this sort going to get me into trouble?
It is your legal right under the fdcpa to send this letter. Quote:
Sorry, just one more - does it matter that I've taken awhile to write to them?
No. After 30 days they can ASSUME that the debt is yours, but as we know assumptions can be wrong. They have to provide you with a complete validation; if they don't they are violating the law.


lrhall41

Submitted by dcashwell3 on Thu, 07/06/2006 - 13:21

( Posts: 379 | Credits: )


It doesn't matter if you have talked to them. You were trying to identify the purpose of their call. If they are able to prove it is your debt, you are willing to pay them. You have to identify the real purpose and it can be sorted out after having a talk. Just relax and send them the debt validation letter. Make sure that you send it through certified mail with return receipt requested. Keep one copy for your records.


lrhall41

Submitted by andyyoung on Thu, 07/06/2006 - 13:22

( Posts: 451 | Credits: )