Midland Issues - ASSISTANCE NEEDED

I have been battling MCM since March! I just need to be sure I have covered all of my bases before I proceed.

Please be patient with me, this is a long post:

I received a letter (settlement offer of 50%) from Midland, dated 2/27 from J. Black of Midland, title listed on letter as Executive Vice President. I have not received communication from them prior to this. I responded with validation request, sent on 3/3 CMRRR, received 3/10.

On 3/17, received another "attempt to collect a debt" letter, dated 3/12. I responded on 3/19 with continued collection activity, failure to provide validation and requested validation again. My letter was received on 3/24 (via CMRRR, of course).

On 3/20, I received another letter from Midland, requesting my assistance in resolving this matter and they requested "proof" and stated they would mark my file in "dispute".

I responded with another letter via facsimile to the Sr. VP/General Counsel (Robin Pruitt). this time, my letter included details regarding the first communication and subsequent letters between Midland and myself. AND I stated that I wanted the account deleted from my file since they were continuing to collect on this debt when I requested validation, violating the FDPCA and not marking my account in dispute as of 4/9 via Transunion (where the account is reporting) which is violation of FCRA. AND settlement of $200 for their 3 violations.

I received this letter on 5/16 from the Associate General Counsel, John Redding:

This letter is sent in response to your demand for damages due to alleged violations of the FDCPA, and is not an attempt to collect a debt, but rather in furtherance of settlement discussions. This letter is therefore subject to those evidentiary privileges set forth at Rule 408 of the Federal Rules of Evidence as well as the applicable GA state rules of evidence.

In your letter, you reference a demand for validation sent by you to Midland Credit Management (MCM) on March 3 and 19, 2003, after which you received a letter from MCM. Based upon your receipt of the March 20 letter from MCM, you are claiming a right to damages as well as a deletion of the account. Unfortunately, based upon a review of the account, we are unable to agree to your demands and cannot find any violation of the FDCPA.

MCM first communication with you regarding this matter was by letter sent October 1, 2002. Section 809 provides for a validation period, however the consumer (in this case you) has 30-days to dispute the account in writing. Once that takes place, all collection activity must cease until verification is provided back to the consumer. In this case, y ou admittedly did not dispute the debt within the time frame required by section 809. A similar result is reached when considering section 807.

Your letter ASL contains allegations regarding MCM's credit reporting of this account. Please be advised that MCM has reported the account as disputed since March 2002. As your letter indicates, March 3 is the first time that you disputed thedebt. There MCM is in full compliance with both the FDCPA and FCRA as it relates to credit reporting.

I certainly hope this will assist both you and MCM in resolving the issues raised in your letter. MCM will continue to report the account as disputed, but cannot agree to your demands for damages and deletion of the account.

Very Truly yours,

John C. Redding
Associate General Counsel

Now, I have NEVER received a letter from them in October. Correct me if I am wrong, dispute or validation request is not limited to the initial 30 days of communication?

I am ready to go all the way with this and is currently, drafting letters to my AG and the FTC.

TIA

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

No, the letter on 2/27 did include the mini-miranda, but did not include the "dispute debt within 30 days".

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

I had planned on send the "remove" letter to Transunion and Experian (only ones reporting) since they can not validate and send them copies of my attempts to receive it and MCM's responses.

Will this work to get it removed since they have had more than 60 days to respond with proper validation?

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

I am prepared to sue. I downloaded the forms from the Magistrate Court website in my county.

I am drafting my letters to TU and EXP now. I will be mailing these in the morning!

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

Here is my letter to TU: Please critique! I may have included too much information, but I wanted to make sure they know every detail.


Transunion
Post Office Box 2000
Chester, PA 19022

Reference:: File Number xxxxxxxxx

RE: Midland Credit Management - # xxxxxxxx

Dear Sir/Madame:

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that you do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Midland Credit Management, Account # xxxxxxxxx

Below is a timeline of events (copies are attached for your review). Please pay close attention to the event on March 22, 2003.

· March 3, 2003 â?? I forwarded a letter to MCM via USPS Certified Mail Return Receipt Requested (CMRRR), requesting validation of alleged debt notified in 50% Settlement offer communication from MCMâ??s Executive Vice President, J. Black (letter dated February 27, 2003). CMRRR signed and dated March 10, 2003.

· March 11, 2003 â?? I disputed this account with all 3 Credit Reporting Agencies.

· March 17, 2003 â?? I received another letter from MCM (letter dated March 12, 2003), requesting payment.

· March 20, 2003 â?? I mailed my second request for validation via USPS CMRRR and included violations of the FDCPA. CMRRR signed and dated March 24, 2003.

· Received another letter from MCM, dated March 20, 2003, notifying me of my dispute and requesting I provide proof to MCM that I do not owe the alleged debt.

· March 22, 2003 â?? Received investigation results from Transunion â?? MCM account â??verifiedâ?. Please note, verification was supplied to Transunion without marking the account â??in disputeâ? and failure to provide validation to me as mandated by federal statutes.

· May 8, 2003 â?? I faxed a letter to MCMâ??s Senior Vice President/General Counsel, Robin Pruitt, soliciting her assistance in obtaining deletion of this account and settlement of damages according the FDCPA and FCRA since validation has not validation has not been provided. Fax Transmission report attached.

· May 16, 2003 â?? I received the attached letter (dated May 13, 2003) from MCMâ??s Associate General Counsel, John C. Redding, in response to my communication dated May 8th, claiming MCM has not violated any laws.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 2 months since it was requested.

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again, this was not done per my report dated 3/22/03. Another violation of the FDCPA.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Therefore, I am NOT asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety (including inquiries) as there is no proof of its' existence as evidenced by my attached documents.

Please forward updated copy of credit report to ensure the removal.


Regards,

Pissed-off Consumer

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

Thanks LBrown, dixidriftr and jlynn!

I faxed Midland another letter - letting them know they were still in violation, re-demanded proof and check for $2K and that I had forwarded complaints to the AG of GA and the BBB of San Diego.

I faxed letters to the Ag of GA and BBB of San Diego with copies of my communication with Midland. I downloaded the small claims papers from my Magistrate Court site. Additionally, I sent a faxed letter to Transunion demanding removal with copies of my communication with Midland.

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

UPDATE

On 5/22, I received a letter from the AG of GA: Synopsis: AG of GA has no jurisdiction over a company doing business in the State of CA; send letter to AG of CA.

On 5/27, received letter from BBB of San Diego:
Synopsis: Received complaint, will update you on status accordingly.

5/30 - I have not heard back from Midland at all - will be forwarding ITS letter - and copy of court papers.

I also will be filing the complaint with the AG of CA.

...my saga continues......

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

BUMPING THIS FOR ADDITIONAL ASSISTANCE


I downloaded the Small Claims Court papers to sue Midland about 2 weeks ago. I have been trying, in earnest, to locate their Registered Agent in GA. However, I could not. Our Secretary of State website does not list them. Additionally, I called the SOSGa and they tried to look them up, but could not locate them. I was told coporations of a financial nature (such as collection agencies) do not have to register with the SOS and it is not against the law to do business in GA without registering.

According to the Atlanta Legal Society on small claims lawsuits: If you are suing a business corporation, you must file in the county where it does business or is incorporated. You must also find out the name and address of the corporation's registered agent.


Thus I would have to file in San Diego...meaning, I would be the one doing all the traveling to them. What the F@#$?????

I was thinking I would fill out the papers and fax them over to Midland and see what happens.

 

Re: Re: Midland Issues - ASSISTANCE NEEDED

BUMP