MCM (midland credit management, inc.) filed suit in Ramsey County, MN, with a local attorney, Messerli and Kramer PA, for an Associates credit card debt. The card had been stolen in March 2001 and the balance was transferred to my new card. They were trying to collect a balance on the stolen card. I appeared in court and provided evidence to the attorney from Messerli, showing that the card had been stolen (a dated report from Hotel security saying it was stolen) and said I could provide a Las Vegas police report if needed. I also had statements showing that the replacement card had twice the limit of the stolen card at that time, showing that there couldn't have been part of the balance that wasn't transferred to the new card. I also provided proof that the replacement card had been paid off. She agreed that this was sufficient evidence and agreed to dismiss the case. I recently got a letter from MCM trying to collect the same debt. I called and informed them that the case had been dismissed and also faxed them a copy of the court docs. They then sent another letter (a settlement opportunity). I immediately called and they said that just because the case was dismissed, it didn't mean I didn't owe the money. They then said that since it was dismissed without prejudice that they wouldn't remove it from my credit report. Since then I have learned that "without prejudice" means its only a temporary dismissal and that they can sue me again after a year. I wasn't aware of this when I agreed to the dismissal. I assumed dismissed meant dismissed. Is it legal for MCM to still collect the debt after the dismissal? Is there any way to change the ruling to dismissal with prejudice? Is there any way to remove this from my credit report? What steps should I take to get this resolved?
Did you file a lost/stolen card report with the credit card issuer when this happened and what was the outcome? I thought that the highest amount one could be liable for is 50.00 on a lost/stolen credit card?
Well I'm not going to pay it because I'm about 99.8% sure that the entire balance was transferred to my replacement card which I subsequently paid off the next summer along with other bad debt. My girlfriend and I even had a celebration... we cut up all my cards and went out for a nice dinner because I was finally "debt free" (other than student loans). Not to mention they're asking for over $1,700 which I don't have. I'm not sure the court "ruled". I never actually presented my case to the judge. I showed the documentation to the attorney and she agreed that there was enough evidence to dismiss the case. She said she'd go ahead and file the dismissal, and there was no reason I had to stick around, she seemed nice enough so I left with the asumption that everything was over and done with.
I called Visa within 30 minutes of it being stolen. I know they issued me a new card which I had withing a week or two with my balance transferred. I was unable to find any old statments or letters that verify that the account was ever closed, other than some random statements a few months after my previous card was stolen, which showed the limit was twice what my stolen card was. I haven't yet been able to get any sort of statement showing what was charged on that account, or where the $1,700+ charges originated from. I tried calling the Associates, which is now Citibank, and they say they can't give me any information, I have to talk to MCM. I called MCM and they said they couldn't help me I had to talk to Messerli & Kramer. I talked to Messerli at the courthouse and she agreed to dismiss it before I asked about seeing an itemized list of what was charged. So I figured all was good.
Nice enough, but sleazey none the less. They were collecting on an alleged debt that they admitted you could show was not owed, and they dismissed so they could file later or sell the account to someone else before it became worthless. Did your statements for the replacement card show the transfer from the stolen card? Your first statement should refer to the card number from which any balance was transferred, which would make your new card statements "prove" the stolen card statements were out of date. Dispute and request validation of the debt, dispute the CR TL, and create a new cause of action for erroneous reporting. Then sue.
Unfortunately I only have some of my statements from that long ago. there was a 2 month "gap" which happens to include the time my card got stolen. As I stated in another reply when I contacted Associates (or citibank) they wouldn't discuss it or send me statements, they said I had to contact MCM, who in turn told me to contact the attorney.
Do you have, or can you obtain, a copy of the police report? Did that refer to the card number reported stolen?
I don't have a copy of it. I called and they said I have to mail them a cashiers check then wait 14 business days. I figured at the time that since I had a copy of of the Hotel Security report, that it would probably be sufficient evidence. I have NO idea what the police report says. I'm guessing that since I didn't have the card in front of me anymore that I probably wouldn't have given them the account number. But the securty report said that there were 2 credit cards stolen, one visa, and one mastercard. And I'm guessing that if I got a copy of my credit report it may have a history of what cards I had when. Since I only had 2 at the time, it would be safe to assume that one of them would have been the associates card. I think I'm going to get a copy of it now though. Probably worth the $11 bucks (or whatever it was)
Get copies of all 3 of your credit reports. They should show both whether MCM is reporting, and they should show both the old card number, marked "lost/stolen", and the new card number starting right after the old one was stolen. You might even find the new card number showing an account opened date matching the old number, the new account showing a balance matching approximately the old account, etc.
When you were first contacted by MCM, before they sued, did you request validation within 30 days of receiving their first letter? If so, and if they didn't "validate" in court, or any other way, then they are violating FDCPA. You might not be able to prove it if you don't have a copy of your letter and return receipt. Sounds like you want to dispute and request validation again, anyway (send CRRR, keep file copy), based on the new contact, as quickly as possible.
I haven't sent them anything other than a fax of the court document that says the case was dismissed without prejudice. Unfortunately I pretty much ignored it until I got the court summons, STUPID i know. I called when I first started recieving letters and told them that I was pretty sure that I didn't owe them anything. They of course didn't agree with me . So I pretty much ignored them from that point on. After I got the summons I took a trip to my parents attic and sorted through years and years of random bills, papers, and misc. crap and found all the stuff I had mentioned earlier. Im sure there's a million posts covering this already, but I'm still wet behind the ears. what does CRRR, CR TL stand for? and isn't it too late for validation since the 30 days has past? can someone point me to a good thread which explains the basics?
should my strategy and/or wording for the validation letters change based on my already having the case dismissed once? and btw... this is the most helpful site EVER. I've literally been reading since about noon today (almost 10 hours). With the greatest of sincerety I'd like to thank everyone here for being so helpful and generous by sharing your knowledge. I wish I'd have found this site years ago.
What is SOL for CC debt in your state? Has this period passed since this account was closed? Did you receive statements on the stolen card showing fraudulent charges, and if so, did you dispute them in writing, as provided by FCBA, within 60 days of the statement dates on the statements showing those charges? Or did you notify them that the card was stolen, the old card was blocked, the new card issued and legitimate charges transferred to it, and you proceeded to use and pay statements on the new card number, without receiving any statements showing fraudulent activity?
The latter. I notified them the card had been stolen. They issued a new card and transferred the legitimate charges and I used that new card in place of the stolen one. From what I remember there were never any fraudulent charges made, at least there weren't immediately. From what I can tell they stopped sending statements for that card shortly after it was stolen, because I only have statements from the re-issued card.
If it was in 2001, I would think that the OC still has those statements on micorfiche. If you are POSITIVE that you are correct, it may be worth spending the few dollars,(charges vary by institution), to contact them and get the statements from that period. They will either prove or break your case. If they prove it, go after MCM for violations and recover your costs. If the statements show you owe it, well , you will have to decide how you want to handle that. I would think that the last statement from the old account and the first statement for the new account would show the balance transfered.
uh oh... this just got more confusing.... I just pulled my credit (Experian) for the first time ever. I'm looking through it and the re-issued card number shows up as opened up in '97, which is actually when I got the original (later stolen) card. There is nothing there about the original card number except where listed under Midland Credit Management. How can this be? Would the re-issued card show up under the original date? The listing for the re-issued card says its paid/closed
Not only could it, but I think it should. The account number was changed but the agreement and line of credit remained the same. This was to you advantage as you keep all of your history with the account. Some people expierence a loss of history when the new card number is listed as a new account. I still think getting the statements from the OC will answer any question as to who owes what to whom.
I tried to get the statements prior to the court date, but they told me all inquiries into that account must go through MCM. Should I try again and keep asking till someone says yes? btw... I just sent MCM the following validation letter: Midland Credit Management PO BOX 939019 San Diego, CA 92193 Regarding alleged account # xxxxxxxxxx Original Creditor: Associates Cert Mail # xxxxxxxxxxxxxxx To whom it may concern, This alleged debt is disputed in its entirety, and strict proof is demanded immediately! I provided proof in Minnesotaâ??s Xxxx County's Second Judicial District, Case No. xx-xx-xxxx, that the alleged debt is not valid and the Attorney representing your case, Messerli & Kramer, dismissed the case. If you cannot provide proof I demand you have this inquiry deleted from my credit report ASAP. <end letter> I read a few posts by Bruce that simple is better, so I opted for this route... it sounds a little better than a form letter. Hopefully that wasn't a mistake.
