Made an agreement w/MCM, Inc. to repay a debt.
Date: Thu, 04/06/2006 - 15:00
Sometime back in 1999 my sister, who's budget I have been taking care of for over a year now, made an agreement w/MCM, Inc. to repay a debt.
Their agreement was for $50.00 to be sent automatically via her bank each month. This is a wonderful set up for getting a debt paid off, however, you will tend to not open monthly mails which only state what you already know- namely that the payment was sent and received. Since the envelopes were not really opened each month, I hadn't noticed that one was not received in November, December, Jan....etc.
Well, she just rec'd a phone call from them yesterday saying that they'd not rec'd a payment since October of 2005, which means that $250.00 has not been sent. The man told her that the only way to keep this agreement in good standing was for her to send in $500.00!
When I asked him on the phone via a three way conversation between my sister, the rep. and myself, (my sister explained on the phone to him that she was authorizing him to speak w/me on her behalf due to me taking over her budget) what had happened that the payment process was interrupted, he said that it was one that needed to be *approved each 12 months.(*or whatever the word was that he'd used...I'm not totally sure at this point.)
Well, like I mentioned before, I've been working w/her bills for over a year...there was never any such an action taken then. My sister doesn't recall ever doing this since the original agreement was made back in the late '90's.
He'd said that they couldn't get in touch w/her because they'd had old records and didn't know her phone number...and, obviously, they have it now. Well my sister had told me that she'd called them when she first got her cell phone to GIVE THEM THE NUMBER BACK IN THE '90'S!!
No mail was rec'd concerning this, only an offer for her to pay it all off at a reduced rate, which, at this point, is not 'do-able'.
Now he said that their lawyer will be sending out a paper to us...is there:
a.)anything else I need to share w/you here to help to clarify this situation? and
b.)anything anyone here can share w/me to help guide me?
I'd appreciate it muchly... :lol:
Thanks...Crystal
Quote:she just rec'd a phone call from them yesterday saying tha
Quote:
she just rec'd a phone call from them yesterday saying that they'd not rec'd a payment since October of 2005, which means that $250.00 has not been sent. |
Can you confirm this with your bank statement? You have to confirm if they have not received installment since Oct '05 or not. Also make sure that there was sufficient fund.
Quote:
what had happened that the payment process was interrupted, he said that it was one that needed to be *approved each 12 months.(*or whatever the word was that he'd used...I'm not totally sure at this point.) |
It seems your sister has been in the agreement since 1999, right? Did they approve the contract in past also? If they didn't what made them crazy now?
BTW, correct me if I'm wrong, MCM is midland credit management.
Made an agreement w/MCM, Inc. to repay a debt. Reply
Firstly, Thank You for responding.
~~
~~
Can you confirm this with your bank statement? You have to confirm if they have not received installment since Oct '05 or not. Also make sure that there was sufficient fund.
Yes, I did...I check the bank practically daily...last payment came out of the bank on 10/17/05.
~~
~~
it seems your sister has been in the agreement since 1999, right?
That's correct.
~~
~~
Did they approve the contract in past also?
Yes, the agreement was between my sister and MCM.
~~
~~
If they didn't what made them crazy now?
Well, there WAS a Solar Eclipse recently, other than that, I have NO idea. ; )
~~
~~
BTW, correct me if I'm wrong, MCM is midland credit management.
Yes, you are right. They pride themselves in treating their customers w/respect. *ah-HEM!...neither my sister nor I are feeling very 'respected' at the moment.
~~
~~
Crystal
One thing I cannot understand Crystal, why did they stop taking
One thing I cannot understand Crystal, why did they stop taking money all on a sudden? If they stopped it, it was their fault not yours. Then why are you getting such an unfair treatment?
Your sister has been paying them since 1999; did they get the agreement approved on each year ending, as they told you?
Quote:
Well, there WAS a Solar Eclipse recently, other than that, I have NO idea. ; ) |
LOL
MCM
One thing I cannot understand Crystal, why did they stop taking money all on a sudden?
This is exactly what we're confused about...but to clarify...the bank would send out the checks to them. It was set up as an automatic payment...
all the collector said to me in response to the same question as what you'd asked was that it was an agreement that needed to be re-agreed upon each 12 months, however, neither my sister nor I have EVER had to do this before!!!!!!
~
~
If they stopped it, it was their fault not yours.
My sentiments exactly!...however, there is the bank to consider...so, it was their (MCM's) not notifying us that really screwed things up...for my sister!
~
~
Then why are you getting such an unfair treatment?
I imagine that they know no other way...either you 'Yes Sir/Ma'm' them and send your arms/legs to please them and stroke their ego...or...they sic their lawyers on you.
~
~
Your sister has been paying them since 1999; did they get the agreement approved on each year ending, as they told you?
No, that was lie numero uno.
I really don't see how they can say that we/she is in breach...it was an oversight, as in, I hadn't noticed in November that that $50.00 was not taken out of her bank account, however, WHY and HOW those payments stopped is unknown to us, and not of our DOING. So, why should we be 'under the thumb' like this I'll never know. The reason I DO do her budget is because of these people...if I just mention that she has to look at something her nerves start up and she gets those nervous pangs of pain in her abdomen and then she's 'good for nothin''.
Yes, I get the 'jitters' too, however, I'm stronger than her in some respects, and her bills are not mine, so, like w/children, it's easier to handle and make decisions when it isn't 'yours'. I believe this reaction of hers stems from when they'd first contacted her.
The bank never notified us of anything associated w/this check.
MCM never notified us, either by mail, (although their reciepts always reached us), nor by phone, and my sister's had the same phone number SINCE the time that she'd originally agreed to his payment plan. They goofed and expect us to take the heat for it.
I need to find out about this $500.00 demand, when, in all actuality, the amount missed thus far amounts to $250.00, and how they can have a lawyer involved at this point.
I'd like to find out what 'rights' we have here...they lie, I said we could send in her payments but a one time $500.00 payment was not a possibility, I mean, seriously!!!
She's been paying them for at the LEAST! - 5 years!!
She's proven that she was willing to pay this off, and she WANTS to get it paid!
At the time that he'd said that it would take $500.00 to straighten this out, I said 'No, according to MY calculations, it was $250.00.'
He said that that was including late payment charges.
Earlier today I'd done some research on how to deal w/collection agencies and one tip was to NEVER talk to them on the phone, only in writing. So, at this point in the conversation I'd asked him for the address where we could send correspondence, and, although he'd started to give me the street address, he then refused to finish by not giving me the City, State. He said 'Why'd you stop talking? Because yous (NOT A TYPO) didn't get what you want?'
He'd said that the ONLY correspondence that would be taking place would be their lawyer sending us a letter. He sat on that phone and blatantly LIED to me about the 12 month re-agreement thingy, and then about not being able to get in touch w/my sister on the very same phone that she'd had when she'd first signed up for this.
Sure, I know that their main tactic is intimidation, and if it were MY account as opposed to being my sister's, I would surely have 'lost it' with his ignorance.
Of course, they count on this reaction as much as the opposite one, such as delivery of an arm or a leg. ; ))
Thanks for answering ...and I suppose I should add... 'for 'listening', as I do feel like we'd just had a 'session'. hehehee ; ))
I have been working to resolve my debts also, and in doing so I
I have been working to resolve my debts also, and in doing so I have agreed to payment arrangements with some of my creditors. I have found that many of these collection agencies, and 3rd party collection centers often have very high employee turn over rates. They also like to periodically change their phone systems, and they NEVER notify me when they do this. I would not agree to automatic withdrawls with Bank of America, but then they changed their phone system and I could not get a hold of my contact. He finally called me puzzled as to why I hadn't made a payment. He had not even been made aware of the phone system changes until after they had been done. I then agreed to automatic withdrawl to simplify, and get away from calling them every month. The first month that seemed OK. The following month I know they took the $511 payment because I check my account online frequently, but I received a rather rude phone call from them saying they had not received the payment, and they would be debiting the amount from my account. I politely told the woman it had already been debited for March, and if they took another unathorized $511 I would stop all automatic withdrawls with my bank, and take the necessary legal action against them. I have not heard from them since. So, we will see if the $511 comes out in April, or if they call again to say they didn't get it. I have no problem making the agreed upon payments, but you really need to watch these people like hawks. I'm not saying they do it on purpose, but they have many different employees with access to your account numbers, and they are often not trained well, and maybe don't understand the agreement you have with another employee.
Quote:This is exactly what we're confused about...but to clarify
Quote:
This is exactly what we're confused about...but to clarify...the bank would send out the checks to them. It was set up as an automatic payment... all the collector said to me in response to the same question as what you'd asked was that it was an agreement that needed to be re-agreed upon each 12 months, however, neither my sister nor I have EVER had to do this before!!!!!! ~ |
Some banks, when you set up an account, have their bill payment system programmed to automatically end recurring payments after a set time unless you change it otherwise. Maybe that was the case it it was able to just slip by unnoticed.
You many want to ask for validation of the remaining balance.
You many want to ask for validation of the remaining balance.
Not knowing the specifics, based on paying $50.00/month X 70 Months (january 2000-october 2005) you and your sister have paid $2900. How much was the original debt and were they still adding interest, fees etc? When in 1999 did this whole program start?
NDebt- Thanks...alot of good tips in your mail there.~"~~"~
NDebt- Thanks...alot of good tips in your mail there.
~"~
~"~
Clay...This was all set up on the phone, as in, 'pre-computer', for both my sister and I.
~"~
~"~
As a matter of fact, recurring payments is how I now intend to pay this off, so I'll be monitoring the payments just like all of her other payments, online, so this won't slip by me again.
~"~
~"~
I'm going to call the bank to see if they can look into this and let me know why the checks were not sent out.
~"~
~"~
At present my sister is staying w/her daughter and she has more paperwork there.
~"~
~"~
I was under the impression that all of her files that I have here at my house were the lot of them, but that doesn't seem to be the case. I've asked her to find her original agreement and fax it to me so that I may speak w/more conviction as I try to remedy this.
~"~
~"~
I checked over the THE FAIR DEBT COLLECTION PRACTICES ACT and found:
Quote:
~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~ Sec. 801. Short Title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practice 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Commission 816. Relation to State laws 817. Exemption for State regulation 818. Effective date |
~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~
And I do believe that this man was in violation...
1.)...he said that they did not have a phone no. for her...the same no. she's had since the time of the original arrangement of payments...
2.)...he stated that this is/was an agreement that needed renewal every 12 months...and that is simply not true, ergo, he lied. Period.
~"~
~"~
~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~
[quote]
?? 807. False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
[/quote]
~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~~"~
~"~
~"~
I'm calling the bank now to see if they can tell me the reason that the checks were stopped.
~"~
~"~
When my sister brings/sends me the records, then I'll be better able to answer your other questions.
~"~
~"~
P.S. As to #5 above:
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
Where do you go to find out specifics on what is legal action and what isn't. I feel that what I'd found was too generalized...like, what are the rules about late fees, who is responsible for what, etc.
~"~
~"~
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text
Thanks for your time Clay and NDebt.
Crystal