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Midland Credit Management Inc listed on my credit report

Submitted by on Wed, 11/16/2005 - 13:51
Posts: 202330
Credits:
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I recently recieved a settlement offer from midland credit management, Inc. It has Associates listed at original creditor. It is also listed on my credit report under Midland Credit Management. But was not on my credit report in July 2005. What should I do about this problem?
Thanks


Hi RM

Welcome to the forums.

It might be possible that the collection agency has reported in your credit file during the recent times. If they are appearing in your account as collections, it means that they have hit your file negatively. You need to ask them for debt validation so that you get a true picture of the debt.

Please send a letter requesting for the following info as a part of debt validation guided as per the fdcpa laws.


  • The amount of the debt.
  • The name of the creditor to whom the debt is owed.
  • There should be a statement that if the consumer does not dispute within 30 days, the validation will be treated as valid by the collection agency
  • A statement that if the debt is disputed, it will be verified by the collection agency
  • A statement that if the name and address of the current creditor is different from the original creditor, it will be provided by the collection agency.
  • All the calculation should be shown of the amount that is owed.
  • Provide a verification or copy of any judgment if applicable
  • The Statute of Limitation needs to be proven for the collection of the debt.
  • The license of the collection agency applicable in the state
  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

If they can give you the necessary information on the following debt, you can make payment arrangements with them. You need to pay this debt as early as possible to prevent any further damage to your file.

If the debt has not been validated by them, you have to prevent your credit file from displaying inaccurate negative information. So, your first step is to send a DV letter through certified mail with return receipt requested. You will be able to track all your correspondence with them.

Regards
Roxette


Submitted by roxette on Wed, 11/16/2005 - 14:21

roxette

( Posts: 4009 | Credits: )


Thanks Roxette for the information. Does the following sound correct?
Date: November 16, 2005

midland credit management
5775 Roscoe Ct
San Diego, CA 92123-1356

Re: Acct Ref. # ********

To Whom It May Concern:

This letter is being sent to you in response to noticing an entry by your company on my credit reports. 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.

What do I need you to provide as the debt validation.
1 What the money you say I owe is for;
2 Explain and show me how you calculated what you say I owe;
3 Provide me with copies of any papers that show I agreed to pay what you say I owe;
4 Provide a verification or copy of any judgment if applicable;
5 Identify the original creditor;
6 Prove the Statute of Limitations has not expired on this account
7 Show me that you are licensed to collect in my state
8 Provide me with your license numbers and Registered Agent
9 Proof that the collection company owns the debt/or has been assigned the debt. (Proof showing you are legally entitled to collect this particular debt from me.) This is basic contract law.
10 Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11 Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

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:
1 Violation of the Fair Credit Reporting Act
2 Violation of the Fair Debt Collection Practices Act
3 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 investigating 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 or 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 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.

Best Regards,

I found that letter on your website and modified it to fit my situation. If I need to make any changes please let me know.
Thanks
RM in Indiana


Submitted by on Wed, 11/16/2005 - 14:42

( Posts: 202330 | Credits: )


i would like to pay this debt of the oriiinal amount of the card of $2000.00, this is the amount of my income taxes and I would like ot clear this up now

Account number deleted for you safety - Vikas


Submitted by on Wed, 11/30/2005 - 12:09

( Posts: 202330 | Credits: )


I got a call from Midland Cred Mgmt last night for a fuel card which I have never owned. To what address would I send the letter I see below (RM in Indiana) this post? Is it the same address? Thanks very much.


Submitted by on Tue, 12/13/2005 - 20:07

( Posts: 202330 | Credits: )


Thanks for your response. I have to confess I knew nothing of the "collection world" until yesterday, and I have googled enough to write a really scary movie, with Midland as the arch-enemy. Thanks for your very helpful info I have read on this forum. I hope my situation doesn't become a real situation! Thanks again!


Submitted by on Wed, 12/14/2005 - 19:49

( Posts: 202330 | Credits: )


Hi East Coast,

Do not be afraid! The debt collectors cannot violate the federal laws while doing the collections. You have to stay strong and be aware of your legal powers that can force the collection agencies to act within the fdcpa laws. Please have a look at the federal laws regarding debt collection at the Federal Trade Commission website.

Once you are aware of your powers, take specific actions against a company if it is violating the laws. You can submit your complaints at the local BBB office as well as in the FTC website. Place a copy of your complaint at the DA's office also. All the companies get their approval from this office. The consumer protection office has the legal powers to cancel the license of a company if it is violating the laws. They can be heavily penalized for their illegal activity.


Submitted by ben on Thu, 12/15/2005 - 09:24

ben

( Posts: 2034 | Credits: )


thanks for your support!


Submitted by on Thu, 12/15/2005 - 11:02

( Posts: 202330 | Credits: )


well I sent my debt validation letter to Midland early in December, they recieved it on Dec. 9th. Now I received a letter from them dated Dec 13. This is what the letter says:
Dear ,
The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.

We are attempting to verify your dispute and it would be helpful to have a copy of any documentation you may have that proves your dispute. In the interim, we have requested that the three major consumer credit reporting agencies change the status of this account to "Disputed".*

Please mail or fax cancelled checks, paid letters, police reports, or any other documentation you may have to support your claim to 800-306-4443 Attention: Consumer Relations.

We can be reached at 800-825-8131 ext. 2980 should you have any further questions.

Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any informatio will be used for that purpose.

Sincerely,
Consumer Relations
800-825-8131 ext 2980

*Your credit report will not be updated if the federal reporting period has expired.

So can anyone tell me what they are doing about my validation letter? Are they just fishing for information or what?

Thanks!


Submitted by on Tue, 12/20/2005 - 08:07

( Posts: 202330 | Credits: )


Hi RM

Do not send any proof of your dispute to the collection agency. They should be able to verify the dispute with your original creditors and then send you it's results.

Call them at the number given in the letter requesting for the proof. In the meantime, check your credit report to see the latest standing of this account.

Have you talked with your original creditors regarding this account? They might be able to give you some information regarding it.


Submitted by ben on Tue, 12/20/2005 - 09:06

ben

( Posts: 2034 | Credits: )


I was checking my credit with Experian and noticed two accounts with Midland Credit Management-Fingerhut. I contacted Fingerhut and gave them my information. Fingerhut says that they have know record of me having an account with them. Me either. They told me the debt may have been sold but midland credit management was not an institution they sold it to. The two buyers they gave me were different names but I contacted them and they never heard of an account with my name either. I cannot get in contact with Midland by phone. The date the negative was posted was this December 2005. I have not had anybody contact me about any debt.


Submitted by on Tue, 12/27/2005 - 21:26

( Posts: 202330 | Credits: )


Hi John

Check your credit report again and see if the said account is shown under any collection agency. A collection agency having your account legitimately often report to the bureaus.

If you don't find any name of the collection agency, you might have to wait till the time you are contacted by one. Be sure to get the debt validated from their side so that you are assured of paying to the right company that is holding your account. They will give you a statement showing the details of the debt account with the name of the original lenders in it. Also check the SOL in your state and know if it is within the legal collection period.

Read this helpful article on the importance of debt validation. This will explain the ways to get the accurate details of your accounts with the collection agency.

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


Submitted by ben on Wed, 12/28/2005 - 10:34

ben

( Posts: 2034 | Credits: )


Ok this has turned into bit of a chase. I called midland credit management and was told that they bought the debt from Fingerhut. I asked them to give me information on the debt and was told to contact TruLogic Financial. Midland would not give me any information about the debt at all. TrueLogic Financial told me to send them a letter of dispute and a notorized copy of my signature and ID. They also told me the debt may have began in 1999 or 2000 he was not sure. I will go throught the validation process like you stipulated. I need to know the SOL for Mississippi.


Submitted by on Wed, 12/28/2005 - 14:23

( Posts: 202330 | Credits: )


In Mississippi, the debt is out of the statutes after 3 years. This pushes your debt out of the SOL period. Place it on dispute with TrueLogic after they send you in writing about this account. Don't send your dispute first. And, don't give your signature and ID. They will be able to prove by using illegal methods that you have agreed to pay this debt. Always be suspicious when you are dealing with such agencies.

Have you given your ID to them? I am worried till I hear from you :(


Submitted by ben on Wed, 12/28/2005 - 14:58

ben

( Posts: 2034 | Credits: )


I have not sent them my signature or a copy of my DL. They have my SSN on their files though. They say that I cannot dispute it now because they have sent me a letter. I am a college student and I have moved several times. Is there a limitation on dispute time. It went on my report this month. The original date is 12/28/99 on the accounts. TruLogic told me this. I asked not to be recorded. I requested not to be recorded and he said he could not talke to me. The dates on my credit report show 12/05 for the two accounts which is hurting my credit score. Second Question. I have a checking account with Baxter Credit Union ($210) charged off on Dec 29 2000. It shows up charged off 2005 on Experian and 2001 for Equifax. Will it help my credit score to dispute the dates and get my report to show the 2000 date? Will it help my credit score to do this and then pay it off? If I pay it off will it reset the 7 and half years? Sorry for all the questions but I am trying to repair my credit. Most of these accounts are 5 plus years old and I still cannot get any credit extended to me. I am not trying to get credit now but I may need it in the future. I just finished grad school. Thanks


Submitted by on Wed, 12/28/2005 - 16:53

( Posts: 202330 | Credits: )


John, I suggest you to register in this site for a free counseling. I would have taken professional help at this situation. The agency is making things tough though it should not have been. You have the rights to dispute the letter and they are not letting you do so. Once your accounts are placed on dispute, you won't be legally required to pay this debt. However, the negative information will be removed after 7 years from the date of opening of this account. Your credit score will increase once this account gets removed from the file. Or, you can pay the whole debt now and see the increase in your scores. If you pay towards the account, the SOL will be set from the beginning and collection attempts will be valid for the next 7 years. Give a thought. A free counseling will be helpful to you.


Submitted by ben on Wed, 12/28/2005 - 17:09

ben

( Posts: 2034 | Credits: )


I have called your office back in May of 2005 in reference to letter code 04140054 and requested your office to send me a letter stating tht if I pay $1300 the case would be closed. The account manager name John stated that he would mail one out. After about two weeks went by, I called again and got the same statement. Since then, I have called several times and each time I call the Act. Mgr I get a different amount every time. I have a family member that is willing to help me clear this case. My offer is a certified check for $1000 plus notice to Credit Bureau that this has been taken care of. I can be reached at 617-543-3000.

James Peterson


Submitted by on Fri, 01/06/2006 - 12:31

( Posts: 202330 | Credits: )


James

Your search on midland credit management resulted this forum which is posting consumer feedbacks on the specified company.

To get in touch with the actual company, please call the customer care of MCM and place your request there.

Send your request in writing to the company's mailing address and keep copies of it. It will be helpful if you send it through certified mail with return receipt requested.


Submitted by david on Fri, 01/06/2006 - 15:20

david

( Posts: 1229 | Credits: )


I noticed midland on mycredit report in october.
it seems like they reopened a account i had with verizon visa in 2000. i owed 1040.00 midland put more charges on the account it was at 1040.00 for 5 years.
last month i did pay 100.00 towards my balance of 1,582.33. do you think if i ask they would settle less than the total dept?


Submitted by on Fri, 01/13/2006 - 19:46

( Posts: 202330 | Credits: )


JESSICA

Most of the times, collectors don't extend settlements whenever consumers desire. But at least, you can negotiate with them and give a try to it. Maybe, there are some offers available for people like you trying to pay their debt.

Also, note that the collectors are allowed to add interests on the total debt only if the creditors have authorized them to do so. Besides, check the statutes in your state to know the permissible interest charges that can be levied legally.

Did you get the details of your account in writing from this collection agency? Review your account properly before you make a settlement offer.


Submitted by david on Sat, 01/14/2006 - 08:43

david

( Posts: 1229 | Credits: )


I have received a settlement letter and they are requesting half of the amount owed then they will consider it paid in full. The only problem is this is in my ex-husband's name for a repossessed vehicle several years ago. I was a co-signer on the loan but everything comes in his name. He has never lived at the address I am currently at and I don't want him to have my current address. How do I get this to start going to where he currently lives??? I don't want to get stuck paying another bill that we had jointly. It clearly states in our divorce papers that he is responsible for this vehicle. Do I need to worry and what can I do regarding this address issue? Please help.


Submitted by on Sat, 01/14/2006 - 16:21

( Posts: 202330 | Credits: )


Jessica,

I just wanted to let you know about my experience with midland credit management. My boyfriend also had a Verizon Visa that they attempted to collect on. They actually took him to court a month or so ago. The lawyer agreed to let him pay just the limit on the card, minus the fees. He went from a balance of $1500 to $500. Offer to pay the limit only, and they can break it up into payments for you. He's doing $125 for 4 months.

I'd be interested to hear if they accept your offer before they take legal action. I'm sure they will.

Hope that helps!!!


Submitted by on Mon, 01/16/2006 - 07:44

( Posts: 202330 | Credits: )


helpless,

As you have jointly signed the mentioned debt with your ex-husband, the company will consider you liable to pay it. But there is a possible chance of passing this debt towards him since the divorce decree mentions him to be responsible for it.

Do you have his present address so that you can request the company to contact him there? Give a copy of your divorce decree and let them understand the scenario. Keep in mind, the agency will try to contact your ex at the other address but if they fail to recover the money from him, you will be later held responsible to pay it. So, it will be better if you can have a direct talk with your ex and come to a conclusion.


Submitted by john on Mon, 01/16/2006 - 08:45

john

( Posts: 1231 | Credits: )


How can I pay? Can I pay on line? My account is 85117*****


Submitted by on Sun, 01/22/2006 - 16:00

( Posts: 202330 | Credits: )


I recieved a letter offering a settlement by 2/11/06, I just started a new job and I would to ask if midland credit management would extend my due date. I really would like to take advantage of this offer. Please give me the opportuntity to put my credit back in good standing. I don't have a phone at the time, but you can reach me via e-mail I look foward to hearing from you soon.

Thanks in advance

email address removed as per forum rules - Vikas


Submitted by on Thu, 01/26/2006 - 14:52

( Posts: 202330 | Credits: )


If midland has never talked to us before or notified us can they sue us for a debt that was "charged off" on our credit report in january of 2002, when sold to midland, currently in january 2006 when the statute of limitations is 4 years to collect?


Submitted by on Thu, 01/26/2006 - 22:47

( Posts: 202330 | Credits: )


I recieved a letter from Midland (whom I have never heard of before). It said that they would reduce my owed balance in half if I would pay the amount immediately.
First off, they had my correct address,but, the name on the letter was similar but not the same as mine.
They also had account numbers etc.
I do not have any outsatanding debts at this time and am wondering if they are just fishing for information.
I have not checked my credit report and am wondering how to do that. I am a senior and concerned about others who get these letters, will they just pay the reduced amount even if they do not owe anything just because of fear that they might be in trouble?
Thanks


Submitted by on Fri, 01/27/2006 - 08:33

( Posts: 202330 | Credits: )


No legal actions are possible once the SOL has expired on a particular debt. The collector might be pressing some legal actions and force you to pay this debt. They are not restricting from collecting debt if it is done in a fair way. But, you have to be aware of the legal aspects. In any case, it is necessary to give the details in writing before forcing further actions. It has to be proven in the court that they tried to contact but failed to locate you at the mailing address.

Hilary, in future if Midland gives you the debt details in writing, dispute it mentioning the expiry of the SOL. It is important that you dispute on it otherwise they can prove your ignorance towards it. Send your letters certified with return receipt requested. Keep everything documented in a file for records. The judge should be aware that you took every step as guided in the fdcpa laws


Submitted by john on Fri, 01/27/2006 - 10:00

john

( Posts: 1231 | Credits: )


J.O.

There is nothing to fear if you are called by any agency asking to pay some debt. If there is a debt, it should be paid. But before you do so, it is very important to see the account on which you will be paying. You should have the complete picture with all the account details and interest charges added on it. If this collection agency is collecting on behalf of your creditor, there should be proof that they have been assigned legitimately to collect the money from you. There has to be legal evidences about this account before anything is paid.

As the company is offering you some settlement deal, ask them to put it in writing first and also give you the account details. Review it properly so that you are sure that there is an account that needs to be paid.

Do not fear and pay anything without reviewing the account. It is this fear that will further boost up such agencies and again place the contact to you. Kill the fear from within and know your legal rights. Here is a page from the FTC website that will give you some legal advice.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text


Submitted by david on Fri, 01/27/2006 - 10:17

david

( Posts: 1229 | Credits: )


After further investibation, I found someone in
my area with several a.k.a's including the name
that this debt is in. Would you advise me to
contact midland credit management and let them
know of this individual, or even the athorities?


Submitted by on Sun, 01/29/2006 - 11:47

( Posts: 202330 | Credits: )


You must send one debt validation letter to the company's mailing address and request for the accurate account details. You can legally refuse to pay the debt before it is shown to you with proper details. midland credit management can be reached at the following address.

Midland Credit Management
5775 Roscoe Ct
San Diego, CA 92123-1356


Submitted by david on Mon, 01/30/2006 - 06:35

david

( Posts: 1229 | Credits: )


I notice on my credit report several inquires by this company. Looking further into they are collecting on behalf of Fingerhut. I had a problem with Fingerhut probably 3+ years ago with items they did not send to me and charged me for. I spoke with Fingerhut with no luck back when this happened. What should I do with regard to Fingerhut and Midland? Any help would be great.

Shelly


Submitted by on Mon, 01/30/2006 - 13:01

( Posts: 202330 | Credits: )


Shelly, since Fingerhut is making the inquiries that is hurting your scores, you have to resolve this matter with them first as you have not used their items. If required, let your attorney handle this case.

Once the attorney disputes with the company on the validity of the inquiries, you will get the real picture about the ones to stay in your file.

Once the matter is resolved with Fingerhut, things will get cleared with MCM too taking the same process.


Submitted by john on Mon, 01/30/2006 - 13:46

john

( Posts: 1231 | Credits: )


I have posted a thread about this, but in case you didn't see it...I came across this website earlier, and it may be something you may want to look at since you are now dealing with this CA:

edcombs.com/FSL5CS/Custom/TOCSpecial.asp

Hope you find it helpful, or at least interesting.


Submitted by TMD on Mon, 01/30/2006 - 16:03

TMD

( Posts: 280 | Credits: )


What bill is this?


Submitted by on Fri, 02/03/2006 - 21:43

( Posts: 202330 | Credits: )


They are trying to collect an old FingerHut debt that my husband does not owe. We don't remember when we did what, but some time ago he called and told them he didn't owe the money, and when that didn't stop the bill, my husband sent a letter telling them to send proof that he owes the money, and he will pay it... or stop contacting us. They called again, and when my husband finally spoke to the guy--he basically told him that because of the Fair Credit whatever, the burden of proof is on him.

They are threatening to send it to their attorney, etc. He got mad and told them to go ahead, and maybe the attorney will send proof that he owes the bill.

Can they (anyone) do this?? Force someone to pay a bill that they did not incur? My husband has an ex-wife in CA (we live in AL), and she has used his SSN several times, to try and obtain credit.

Help!


Submitted by on Sat, 02/18/2006 - 11:46

( Posts: 202330 | Credits: )


The debt was incurred in 2001. My husband divorced his ex-wife in 1996. He has put a fraud alert on his credit, but it obviously was too late for that particular incident.


Submitted by on Sat, 02/18/2006 - 11:50

( Posts: 202330 | Credits: )


The collection agency does not know that your husband has been a victim of identity theft in the past. He has to show the proof so that they get to know the facts and inform the original creditor about it. Have you filed a police complaint before putting the fraud alert? Also, he should have copies to prove his name, address and other details for verification purpose.

It will be helpful to contact the original creditor and explain the case of being a victim of identity theft in the past. Show all documents that can prove the facts.


Submitted by curlycarl on Sat, 02/18/2006 - 12:55

curlycarl

( Posts: 616 | Credits: )


The person from MCM does not seem to care. They have his SSN and name, which matched--and that seems to be all they care about. But when you are married before--your ex-spouse has a lot of personal and confidential informaiton on you that can be used against you.

No, a police complaint was not filed at the time. He did try to call the police department in CA where she was living at the time (we live in AL), and try to get her arrested or something, but they were not interested because the $ amount involved was too small, plus she did not succeed on that particular instance. (Even though she obviously succeeded with FingerHut.)


Submitted by on Sat, 02/18/2006 - 15:24

( Posts: 202330 | Credits: )


Im having the same issue with this company. They are trying to collect on a card i had 7 years ago that i payed off i have no idea what they are talking about. No one there is helpful on the matter and keep demanding a payment. Im working on sending my first letter out telling they to stop harrassing me. Im trying to resurch this issue and am trying to find out if this company is for real.


Submitted by on Mon, 02/20/2006 - 21:11

( Posts: 202330 | Credits: )