Debtconsolidationcare.com - the USA consumer forum

Midland Funding,LLC

Date: Fri, 05/23/2008 - 18:48

Submitted by anonymous
on Fri, 05/23/2008 - 18:48

Posts: 202330 Credits: [Donate]

Total Replies: 38


I guess when it rains it pours. I received today a letter from Mapother and Mapother,P.S.C. who states they are representing Midland Funding. This is dated April 24, 2008 and I received it TODAY in the mail. I have my debt validation letter ready to go in tomorrows mail via certified return receipt. My question is this : In this letter they state that no attorney has "personally reviewed the particular circumstances of your account" and if I dispute the validity that I have 30 days to do so. By my calculations, AFTER tomorrow the 30 days are up. Am I I correct in my understanding? Is there anything else that I should send them? I am using the template provided, the one with the new and improved grammer and spelling. Thanks in advance.

Paige


Paige,I had a CA to that to me also. What I did was, I made a copy of their letter and a copy of the envelope with the postage date and included it with my letter.

Hope this helps..KAren


lrhall41

Submitted by Bossy4455 on Sat, 05/24/2008 - 07:30

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Definitely include a copy of their letter and the envelope it came in with your DV letter. Also, mention in your DV letter that their letter just arrived today. I might even ask them [leadingly] if they sat on it intentionally. But I'm a nasty, suspicious, old Wulf with no sense of humor where these things are concerned.


lrhall41

Submitted by unclewulf on Sat, 05/24/2008 - 07:50

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Thank you Bossy and UncleWulf for your replies. At the end of my reply I did in fact make note that the letter was received on the 23 of May but dated the 24 of April. I should have in retrospect, also noted that it was sent to the wrong address,and addressed to MR. and I am very clearly a female. I missed y'alls post about also including the original letter and envelope. Anyway it was sent out yesterday via certified mail return receipt. Once again, thank you!

Paige


lrhall41

Submitted by on Sun, 05/25/2008 - 05:32

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I mean a copy of the original letter and envelope.oooops

Paige


lrhall41

Submitted by on Sun, 05/25/2008 - 05:34

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You got the letter out, that's the important bit at present. Hang onto the letter and envelope! They'll make good evidence if this thing winds up in court.

If we can be of further assistance, holler. We'll be here.


lrhall41

Submitted by unclewulf on Sun, 05/25/2008 - 06:32

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In most cases the court would go from date of receipt.Follow everyones advice on keeping the letter & envelope for future use.


lrhall41

Submitted by cajunbulldog on Sun, 05/25/2008 - 07:30

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MCM has my cell phone account which I have disputed since day 1. They have threatened me with an arbitration proceedings in case I dont repay the whole amount (about 5K). I am sick and tired of disputing this and now want to settle it for pennies. For how much can MCM settle this for me? Or how much should I offer them to settle this account.

Will appreciate replies.


lrhall41

Submitted by saggipal on Tue, 06/10/2008 - 17:40

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Not to be an ass but how in the hell do you have a $5,000 cell phone bill?

What is the original amount that you owe?

If you want to pay it off, negotiate towards the end of the month and you have a better chance of paying it off. Offer them about half of what was originally owed, not what they say which probably includes interest.

Make sure you get something in writing and also if they are on your credit report, payment for deletion. have a witness or tell them you are recording or have a witness on the phone. Don't want to break any laws.


lrhall41

Submitted by on Wed, 06/11/2008 - 05:35

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I had a very high regular telephone bill ($1,000 or so) from speaking to my (future) husband on his cell phone overseas. I didn't know that I would be charged a by-the-minute fee in addition to the long distance fees, and he was charged per minute as well. We talked for 4-5 hours a day (yes, we are still in love and still married after 4 years!) Boy did we learn a lesson with that one!


lrhall41

Submitted by smo65d11 on Wed, 06/11/2008 - 10:27

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Someone came to my door to day and handed me a summon to appear in court. They didn't state their name or where they were from. The case against me is with Midland Funding and Rubin and Rothman LLC are their attorney. The summon's was dated May 9,2008 today is June 19,2008. I have never dealth with this company but they stated it was from an old Providian account dated from 2000. I check my credit report after receiving the summon and sure nough Midland is on there. They are showing I open account in 2007. I put in a dispute with the credit reporting agency asking for validation. Tomorrow I am going to take this document to city court.


lrhall41

Submitted by on Thu, 06/19/2008 - 19:54

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Welcome to the community 427ber.
I would suggest checking with our county court clerk's office to see if the summons is real. I just wonder that since it's dated 5/9/07 if maybe they tried the "sewer summons" where the pretty much sat on it until after the trial. If so we can help you get that taken care of. Just find out first if it's real and if it's already happened.


lrhall41

Submitted by JCEMT on Fri, 06/20/2008 - 03:24

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Jcemt...I check with the local courts and it real and I need to write an answer but do not have to come to the court to do so. Any idea or sample that you could give me. Thanks


lrhall41

Submitted by on Fri, 06/20/2008 - 10:38

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I have received the same stuff everyone else has. What happens if you do not show up for court? Does anyone recommend taking them up on an offer and paying it out over time to avoid garnished wages?


lrhall41

Submitted by on Fri, 10/17/2008 - 09:05

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I have also gotten not any letter but a summons and being sued sent half the pment now they want more than the orig.cost was AFTER my payment..said they done put a lein on my house garnished my account all this after i was trying to pay and sent money..need help bad but cant afford an att...


lrhall41

Submitted by on Wed, 11/12/2008 - 11:44

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I have also gotten not any letter but a summons and being sued sent half the pment now they want more than the orig.cost was AFTER my payment..said they done put a lein on my house garnished my account all this after i was trying to pay and sent money..need help bad but cant afford an att...


lrhall41

Submitted by on Wed, 11/12/2008 - 11:44

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I AM NOT DISPUTING THIS MATTER I AMM WILLING TO PAY THIS BACK I WILL BE SETTLING A LAW SUIT IN THE NEXT 9 MONTHS AND I COULD PAY THIS IN FULL. I AMM TOTALLY DISABLED AND DO NOT WOR I AM ON FIXED INCOME OF DISABILITY OF $941.00 AMONTH I DO NOT WANT THIS TO GO TO COURT PEOPLE DO GET ILL IN LIFE THANK YOU MY HOME ADDRESSIS Personal information edited for your protection -ND

Stanley - Please do not post personal information on a public forum


lrhall41

Submitted by on Mon, 12/01/2008 - 13:27

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I just received a Summons on 12/01/2008, stating that Midland Funding LLC was sueing for the balance on my credit card. They state that I have 20 days to file a response with the circuit court and mail copy to plaintiff or their lawyer or it will be considered that Im admitting to complaint. I have no idea what should be included in my response but feel I have grounds to defend myself, so please listen top my situation and advise wheather I should attempt to defend myself or not..... I started CC with first north american bank 13 years ago since they sold to fleet then to Emerge, but I have always shown good faith and paid my card. I had the payment protection insurance which charged around .89 per 100 dollars. Well I lost my job 6/28/2007 and am a single parent that just built a house in 2006 and had new car payment too. therefore having the insurance when my july payment was due, I logged onto the website where I made my payment and you can select make a payment, but also had an option that said not making a payment and tell why. I selected that I wasnt making a payment that I lost my job and that I was requesting to have my PPI activated because there was no information on my bill to tell me how to call and activate it but the PPI was through emerge and I never received any information when they bought out fleet my CC canceled and they issued new account numbers without telling any of the customers and our cards were just no good until we received their card in the mail this was without notification, and it was at that time that I found out their customer service was outsourced to INDIA and because I had been advised by their outsource center on several occasions when I had called to get assistance that I would have to wait call back during bank hours to speak with our local customer care who seemed to be the only ones that were able to make changes or correct anything on an account, yet they offered 24hr cust service... So I felt like the online request was the best way to submit the request and report loss of employment so at least it would be in writing considering the customer care quality being offered by Emerge.... I never heard anything from them until got statement in the mail for the next month saying that I had two payments due with late fee, and now over limit fee which, and this statement also had the PPI charge on it. So I went online to make record of not paying and included the fact I had requested insurance to start when my last payment was due. I also called customer care but reached the call center overseas and they of coarse said you will need to call back. I did call and speak with local Customer care as advised at which point the representative tried to credit the late and over limit fees and asked that I pay the remaining balance. I advised the rep that I had paid the insurance all this time and it was to cover the payment as well as stop finance charges and I just needed to know what to do to get this corrected that I shouldnt have anything past due or overlimit because the insurance should have kicked in and taken care of it and advised them I had a letter from employer stating there was seperation of employment with dates on it. The representative took my name and asked for a contact number and stated he was going to get with his supervisor and they would call me back. I never received a call, and when I attempted to call again but now that my account was two months past due the phones automatically routed me to their collection department. The collections department rep as well as the reps supervisor told me that I would have to pay the past due balance in order to file a claim with PPI, because PPI cannot be used if the account is delinquent. I explained to them that my account wasnt delinquent when I requested to activate the PPI. I was so frustrated and explained to them again do you not here me when I say I lost my job, looking at 13 week wait for unemployment single parent with new house and car, this protection I paid for and I contacted your company and reported my job loss and asked what type of documentation was needed. they wouldnt route me to insurance department or give me the number and they did transfer me to regular customer service this once but refused to provide a direct number for future. The manager I spoke to in customer service department told me to send the seperation from employment letter via fax and she wasnt sure what could be done but they would send it I asked If I should direct it to anyones attention and requested a contact number so that I could verify it was received by them if she couldnt promise to follow up with me because they stated they couldnt make outbound calls they could only receive calls..... so I faxed the letter as proof and when I attempted to follow up on this because I received yet another statement showing no payments made to the account... I call and routed to collections again and this person just tells me there were no notes on the account to show tat I spoke with anyone in customer service and I needed to pay the disputed balance now to keep my credit in good standing and once acct wasnt delinquent the insurance claim could be filed at which point customer service and the PPI could research and reimburse me. I explained to them that I didnt have the money to pay the balance I was trying to keep my son fed and electric on and ppi was suppose to cover. they told me would ruin my credit. Told them I had 782 credit when closed on house and at first it killed me to think about losing credit but had to realize without job have no money to buy anything anyway and it was about survival, and was so upset and distrot to be in a situation where I never had to call and make arrangements on bills or ask for anything, and that was hard as it was but to contact a company you've shown good faith to for the last 13 years and you are only asking that they provide the service you've been paying for that they sold you and get the run around I just said screw it and didnt call anymore. soon after started to receive collection calls from them and after going over story with them several times I did speak to one that when I explained that I did the online because I figured that would make some type of auto memo to my account she looked back and saw both times and exactly what I said when I selected not making a paym ent, said she would talk with supervisor and call me back. she called me back and offered to match what ever payment i could come up with by adding a credit to keep the account out of danger of write off and said that was really all she could do and would by me time to dispute charges, this was near christmas time and I thanked her for trying to help me and at least she verified the documentation where I reported job loss was in a memo on my account and after that I never answered their call again..... I know this has your nerves shot with detail but I just have pretended that this didnt even exist until I am facing having them win opportunity to violate me further by accessing funds in my bank account after they have already negatively effected credit that should have been covered.... please someone tell me what to do if I have leg to stand on. or is my safest bet to file bankruptsy as of now my only income is my sons SSI and child support... help me.


lrhall41

Submitted by on Thu, 12/04/2008 - 09:06

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thanks for the advice...after reading some of the entries under lawsuits from creditors, I am wondering if I should ask for credit validation, being that on the documentation attached to summons labeled as FORM 400 names an employee of midland LLC guess this is verification but just says obtained all rights, title and interest from their predessor FNANB, but that was original , they were bought out by fleet and Emerge was the the final company I was dealing with of which I never signed anything with either company. would that cause a loop whole in a collection agencies ability to sue me since they cant produce signature and agreement for the two companys that proceeded FNANB for this account. They listed the CC# that was provided by EMERGE when they bought out Fleet but stated they are collecting this on the defendants First north American National bank account. There is not one statement they can provide that shows FNANB with this card number referenced. does this mean they messed up or by law do they only have to provide the original creditors contract.And if I remember correctly I applied for the original card over the phone after receiving a offer in the mail that said I could return application or apply over the phone. Does this make there lawsuit invalid as the burden of validating the charges lies on the creditor.


lrhall41

Submitted by on Thu, 12/04/2008 - 10:40

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you can find out if midland has filed a wage garnisment, you need to check with your local court house. If they filed it will be under civil matter. My wife was looking for a ticket and found miland had filed a garnishment. It is public information, and by law you have acces to it. do not ignore if they win they will garnishment.


lrhall41

Submitted by on Mon, 03/09/2009 - 13:49

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I recieved a letter today from an attorney's office stating that I am being sued for a specific amount by Midland Funding LLC. in our local court. Who are they and is this a scam? And another question, "this attorney wants me to contact them about Chapter 13 and 7. Should I contact them?


lrhall41

Submitted by on Thu, 04/23/2009 - 14:31

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i received a letter today saying if i don't start sending 302.00 for each weekly pay period to the erie county sheriffs office then my wages will be garnished is this legit if so what can i do to stop it


lrhall41

Submitted by on Sat, 08/22/2009 - 12:33

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In the mail yesterday, I received a notification from the law firm that was suing me that they dismissed my case! Woohoo! I would NEVER have gotten a dismissal without your guide. Thank you so much for giving me the power to fight and win!!!

-

- -Noelle, OH
Visit DefendASummons.com


lrhall41

Submitted by on Wed, 06/08/2011 - 13:40

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[COLOR=black]I was served papers in Tennessee to go to court for a $6000 debt Midland Funding LLC said I owed. I didn't remember a debt like this. I thought for sure I was going to have to hire an attorney. At first I was very nervous about going to court, so my husband began researching this type of case and found your website. We were hesitant to purchase the guide, but decided it was a small investment compared to the amount Midland Funding was trying to collect. Once we started reading the guide, it became very clear you know what you???re talking about![/COLOR] [COLOR=black]The guide not only walked us through the steps needed in order to win, but kept us in a positive state of mind throughout the process. You really understand what it???s like to go through a case like this. We went into the courtroom this morning and the judge said my case was dismissed. The attorney gave up and filed for the dismissal before the trial. What a feeling![/COLOR] [COLOR=black]I want to extend my sincere thanks for making it easy for those of us that can???t afford an attorney, and don???t know about legal procedures. You???re an inspiration![/COLOR]

[COLOR=black][FONT="][/FONT][/COLOR][FONT="][/FONT]
- [COLOR=black]-Renee, TN[/COLOR][FONT="][/FONT]
[COLOR=black]Visit DefendASummons.com[/COLOR][FONT="][/FONT]


lrhall41

Submitted by on Wed, 06/08/2011 - 13:41

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I just wanted to let you know that I went to court today for my case, and they Dismissed it!! Everything you said in your book was right! Thank you so much for all your help!


[FONT=Garamond]- -Ashley, IL
[/FONT]
[FONT=Garamond]Visit DefendASummons.com[/FONT]


lrhall41

Submitted by on Wed, 06/08/2011 - 13:43

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Thank you for your help, I COULD NOT have won without your guide! I've read great things about your website online. Continue doing what you do. You are really making a difference in people's situations like my own.
-

-Sara, CA
Visit DefendASummons.com


lrhall41

Submitted by on Wed, 06/08/2011 - 13:44

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