BackFromTheDebt

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Posts posted by BackFromTheDebt


  1. 30 minutes ago, WhoCares1000 said:
     

    First off, we will tell you when something does not sound right and this did not sound right at first. That is why I said that if this is true, go talk to an attorney.

    As for getting what you want, you are going to have to sue to get them to state that you do not owe the debt because they want to be able to sell the debt down the line. Indeed, if they are suggesting that you commit suicide and are ignoring your letters, they have no intentions of stating what you want unless a court, or government regulatory agency, forces them do it so you will probably get some monetary settlement out of this. There, however, is nothing wrong with you donating any money you get to a worth while charity and you can even recommend in the settlement that a charity gets the monetary part of it.

    What you get from this board is the truth, even if it is not what you want to hear.

    More precisely, what you get from this board is as close to the truth as we can.

    Correct, nobody called the OP a liar.  

    I sometimes come over as less skeptical than most, because I feel it doesn't hurt me to assume what I am being told is the truth. If someone is making stuff up, well, no big deal.  At least people reading the forum might learn something.  

    There are certain things that happen on very rare occasions that are so weird they boggle the mind.  For example, over a decade ago, a collection agency broke federal law and put a nasty note in the mailbox of someone who posted here.  At our advice, this person sought out an attorney and got a settlement of a few thousand.  

    Only a few  were here back in the days of the Buffalo bully boys, when collection agencies, esp. those based in Buffalo, NY, used all sorts of unethical and bullying tactics.  Then-NY AG Andrew Cuomo shut down the Buffalo bully boys, and the combination of the CFPB and FDCPA law suits took care of most of the rest.  From personal experience, I can say it was not pleasant to deal with the Buffalo collection agencies.  

    It seemed a bit mind-boggling for Midland, a company that had been hammered hard by the CFPB and FDCPA lawsuits, to resort to this behavior.  Not just the one-off remark, but the constant bullying.  The experience of most people lately has been reasonably fair and polite behavior by Midland.  They really did seem to have mended their evil ways.  

    We can't fact check over the internet.  You make a statement, we can't tell if it is true, or slightly exaggerated, or completely made up, or a fantasy.  We have seen people who were not completely stable come in here.  We have also seen people who told tall tales that turned out to be true.  Actually, in some cases I WAS able to fact check over the internet.  At one point someone was kicked off this forum for bragging about fantastic results he was getting with an unproven tactic.  I was able to access his cases online, find out he was telling the truth, and I contacted him to learn the tactics, which I used even after I got kicked off this forum in my previous name for advocating arbitration.  

    All we can do is suggest the best plan assuming what you say is true.  And everyone one agreed that the best plan is for you to see a lawyer.  You have an appointment on Tuesday.  


  2. I am not that familiar with TN courts.  I have relatives in TN, and I think there has been at least one relative in the TN Bar for about 100 years or so.  Relatives have been involved in some of the most famous cases in TN  My family has been in what is now called Tennessee for longer than anyone can calculate.  
     

    Tennessee is a rather conservative place.  This is not like the Bronx, where juries hand out large verdicts.  That is a large part of why I was skeptical of a six figure settlement.  
     

    The OP has already scheduled a talk with a real member of the TN Bar.  The attorney’s opinion is probably more accurate than what any of us can predict.  


  3. 6 hours ago, Bashful-Nashville said:

    So now I have an appointment with an attorney on Tuesday. I plan to spend the rest of the weekend getting all of my paperwork in order. Because it’s more than just what she said. It’s all of it. The constant phone calls. Ignoring every letter I’ve sent. Basically tormenting me. I’ll take their money. Gladly. But given the choice of a huge payout for me or shutting them down - which I know would never happen - but given the choice - I’d shut them down. Because I can’t imagine what something like that could do to a person who already felt hopeless and helpless. At the end of the day - this is just a shitty person with a shitty job who feels shitty about herself. I can see that. But the fact that for a split second, she made me feel like ****... and well, that’s just... shitty. 😒

    Please keep us updated. This could be a very long process, but we want to know.  


  4. 1 hour ago, Bashful-Nashville said:

    I swear to you, I’m telling the truth.  It honestly embarrassed me at first. I don’t know why - I guess it was the fact that a complete stranger would think that I’m nobody and speak to me that way.  And then I got pissed!! The more I listened to it, the madder I got. I don’t do Facebook. I’m a pretty private person and drama isn’t really my thing.  But I had my brother-in-law look her up to see if she is a real person, using her real name - and yep. She is. Lives in Michigan. Has 11 friends. Looks pretty rough - my idea of a stereotypical debt collector who would just be a really hateful person.  Thing is - Midland may be on an upswing - and as a company I agree that they probably wouldn’t condone this. But they are responsible for their employees. And nobody will ever convince me that there aren’t super trashy people working for them. And this woman definitely is. 

    @Harry Seaward and I don’t disagree on strategy. 
     

    He is more optimistic, I am more cautious in my predictions.  That is all.  But even if my pessimism is correct, you are still looking at a payout. 
     

    You know what to do.  
     

    Do it. 
     

    I honestly hope Harry is right and I am wrong. 
     

    There is one way to find out.  Sue the b@statds.  See if you get the medium payout I predict or the large payout Harry predicts.  
     

    Sue them not just for yourself, but to stop this unconscionable abuse.  Sue them for those who are intimidated. 


  5. 1 hour ago, WhoCares1000 said:

    Like the medical industry regarding elective procedures and visits, they are simply going to reschedule for a time when business can return to normal. You still will have your hearing, just not as quickly. I would not sweat it too much because they cannot collect until they get a judgement and if you answered and filed a motion, they cannot get a judgement until the process plays out.

    That said, I think there are 2 instances where plaintiffs might be willing to low ball settlements. The first is where the defendant answered and the plaintiff is facing a huge time lag due the courts being closed, then the backlog of cases and mad rush to file new cases once the courts reopen. The 2nd is that judges might pressure plaintiffs and defendants to come to an agreement to clear out the backlog of cases.

    Expect a few unpredictable  things to happen because of overworked Banks,  debt collectors and attorneys as well.  
     


  6. 6 hours ago, Harry Seaward said:

    If this is for real, there's no doubt in my mind a jury would award a decently litigated case 6 figures. Juries have awarded 7 figures on FDCPA violations.

     

    You may be correct, if it ever gets to trial.  Or maybe not.  Maybe less.  I have no doubt the CFPB night slap Midland hard as well.  

    Thing is, neither of us have heard the recording, so we are just making completely wild guesses.    

    At this point the OP needs to find a good lawyer.  
     

    A good lawyer would listen to the recoding, get all the evidence the OP has, and make a somewhat more educated guess— only a guess because juries are unpredictable— as to what this case is worth. 
     

    And the particular location matters quite a bit.  The case would be worth far more in the Bronx, NY than in Enid, OK for example.  
     

    I agree this could be a decent payout.  I just don’t think counting unhatched chickens is productive.  
     

    Whether you or I are correct doesn’t really matter.  Both of us agree as to the OP’s next step.  Find a lawyer and push this. 


  7. 46 minutes ago, Harry Seaward said:

    Because, due to message boards like this one, they got sued so much that it started to cost them more money than the harassment was generating. Also, the CFPB cracked down on them with a hefty fine, and a warning that more would be coming if they didn't clean up their act. 

    There sure are. The vast majority of them, actually.  There is nothing shady or illegal about the debt buying industry in general. Midland is the largest and one of the most up and up of all of them. They buy hundreds of debt portfolios costing them tens of millions of dollars per year. Transactions at that level get a business noticed by several government agencies. Especially so when that business involves consumer finance.  They are being very closely watched.

    If what you're saying actually happened, and you had recorded proof, it would be a huge deal.  All you have to do is file your complaint with the CFPB and sit back to watch the fireworks. You'd have to sue them in federal court to get any monetary compensation, but, again, this would be a slam dunk with recorded proof. It could easily be a 6-figure judgment in your favor  

    This is why I suggested taking this to an attorney. 
     

    I have no idea if you could get six figures.  I am skeptical.  However, you could do a great deal of damage to Midland.  
     

    Here is the thing.  Federal regulators don’t mess around.  I have consulted  for companies where software errors led to regulators getting involved, because it meant the company was systematically violating regulations. One company wound up with a fine of over $10 million.  Another company ate a loss of over $100 million in debt forgiveness  because that was cheaper than whatever fine the regulators would throw on if they didn’t eat the loss.  Another company I consulted for was fined $1 billion, but that was for a truly spectacular mistake that cost lives and was on the front pages of newspapers for a long time.  
     

    Midland has regulators breathing down their necks already.  This could lead to a large fine. Or they could throw the employee under the bus, fire her, pay a small fine and a small payout to you   

     

    My guess is you are looking at low five figures personally, unless this actually gets to a jury trial when it could potentially be much higher.  But that could take years, and the judge could throw out a large verdict, etc.  

    I don’t have a clue what Midland will wind up paying you.  It is possible you could cause them some significant damage   
     

    So get a lawyer and get the opinion of someone who actually knows what the tape says. Random people on the internet can’t help you out any more   Get a pro and pounce   

     


  8. 1 hour ago, Don in Ohio said:

      Thank you very much for your efforts on my behalf. I called MCM @ 10:51,told them of my situation,and was put on "temporary hardship status",I wrote down the person's name I spoke with,he was gruff,but not too bad.

      He then gave me a second phone number to provide any documentation they may require,I also recorded the name of that lady,SHE was very pleasant,and after hearing my information,doing several security questions she assured me that the account was put on permanent hardship and that all collection activities will now cease.

    I asked her to please send me a verification of that statement and she assured me she would. I'm assuming she has to,based on the recorded conversation.

      I very much appreciate your advice and wish I could high five you. With much relief  ~Don

    I am happy things worked out for you.  Best of luck in these difficult times.  


  9. 2 hours ago, Don in Ohio said:

    I found the part where it mentions 'suspending' collection activites. Here is the actual quote "We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues." I hope this will actually be dropped,and not just suspended. There is a part at beginning of website where it wants you to enter your MCM account number and last four. Should I enter this information?

       My reluctance stems from several things online about them being rude and predatory,and any information you give them will only worsen the situation..

    Midland is a big company.  Some of the people who work for Midland are complete jerks.  That is true.  However, some are not.

    Someone from this site in the past got Midland to drop a court case due to medical expense hardship.  

    If I were in your shoes, I wouldn't wait to be sued.  I would call Midland, and ask to talk to the people in the medical hardship division.  Those are different people from the debt collectors.  You are more likely to reach a real person.  

     

    I will be very blunt here.  You have a lifeline.  Don't throw away the lifeline because someone else at the same company allegedly acted like a jerk to someone you saw once post on the internet.  

     

    For example, one of my kids called me from the airport in tears because she was trying to fly home from college, having been given 72 hours to vacate her dorm, and someone at the airline was going to charge her $100 because her suitcase was a few pounds too heavy.  I told her to get into another line.  She did, and the ticket counter attendant was very nice, saw she had been crying, and let her slide for the few extra pounds.  The moral:  if you get a jerk, try again with someone who isn't a jerk,


  10. Midland has a policy 

    If you are in bad financial shape because of medical reasons, they will drop the case.  At least one poster has had debt forgiveness this way, possibly more.  
     

    Look up the Midland web site.  Find the policy on the web site.  Then contact Midland and ask what documents you need to get the debt forgiveness.  
     

    Good luck and best of health to you. 

    • Like 1

  11. 1 hour ago, Don in Ohio said:
     
     

       We  received a 'Pre-Legal Notification' today,delivered by UPS,2nd day air. The amount listed is $932.65,they want bi-monthly payments of $25.

      They state if they don't hear from us or receive a payment "MCM may proceed with forwarding this account to an attorney"

      Original creditor is Comenity Bank,on behalf of Lane Bryant, MCM Inc. is current owner/servicer of the account. We live in Ohio,they have the default date listed as 6/6/19.

    The debt is my wife's,and I do my very best to pay all of our debts,or keep them in good standing,however; she was diagnosed with a rare disease first week of June '19,and her neurologist has had her off work ever since. I'm on SSDI for a destroyed back,so our ONLY income is the disability I receive once a month.

     As you may imagine this has been very taxing to receive this notice,on top of all the every day things to worry about. My wife and her health is my number one concern,she's had 2 cancers,and now this ultra rare brain disorder.

      If there is some sort of "what to do now" advice,I would greatly appreciate it. Let me know if there is any other information needed from me. Respectfully, Don

    Who, exactly, is MCM?  Is this Midland?  
     

    This information is crucial.  


  12. 3 hours ago, Michelleb8 said:
     
     

    Hi I received a letter in the mail today that they will send this to a lawyer if I don’t pay $50 a month. This was after I talked to them on the phone and told him that I couldn’t afford it right now bc I lost my full time job and I was only working part time making $10 an hour with a max of 18 hours a week. I’m a single mom of 2 have to make rent, electricity, gas and other necessities. Obviously they don’t care. So my question is what can I do? Now I’m not working with this Coronavirus. I have the weight of the world on my shoulders and I don’t know what to do with them. He was rude on the phone and threatened me that he was going to sue me. I did say do it! I don’t have anything! Last payment was 12/24/2018 balance $2,676.96 which I feel like 676 is interest. Thanks

     

    Michelle 

    And that is how they want you to feel.  
     

    We need more info to help you. 
     

    1.  Who was the original creditor?

    2. Who owns the debt now?

    3. Who is contacting you?

    4. What state are you in?


  13. At this point, the question is how much is this going to cost them.

    It is doubtful anyone will shut down Midland,  

    A few aggressive Attorneys General have shut down some scam operations.  Andrew Cuomo, while NY AG, shut down the bulk of the Buffalo boys.  We old timers remember how the NY debt collectors were the scum of the earth.  One of them, Mitchell N. Kay, shut down right before I could sue them.  The MN AG shut down the NAF arbitration scam.  He tried to shut down the Messerli and Kramer Law firm, but unfortunately failed.  I've dealt with them.  They did some illegal things, but the judges didn't seem to care.  

    So not much chance you will get Midland shut down, but you can try.

    Step 1:  Write a letter, ASAP, saying "I refuse to pay this alleged debt.  You know it isn't mine."  Send that CMRRR.  Save a copy, and save the return receipt.  90+% chance you never hear from them again, but if you do, you have them for more violations.  Yes, they could sue, but with your tape and the account not being yours, they are the one who will likely wind up paying YOU money,.

    Step 2:  Arrange for an appointment with a good consumer attorney.  Include all your evidence.  Make a transript of the conversation, and bring it.  Play the part where the woman suggests suicide.  He will probably be quite ready to pounce,

    Step 3: After consulting an attorney, it might be a good idea to file complaints with:

    3a;  The CFPB

    3b. Your state's AG

     

    Let us know how this goes, please.


  14. There is a lot of information missing from your post.

    Did you claim there was identity theft?

    If so, how?

    Did you send a letter to Midland?  Did you claim identity theft in a court document?  Did you file a police report?

    If not, they may have sent you the form in error.


  15. Don't take my word on this, but the banks will often garnish first and ask questions later.  I once had a bank account frozen over a judgment when I didn't even know I was sued.  

    If this is a reasonable sum of money, it would make a lot of sense to work out a consultation with someone who could actually give you a knowledgeable answer based on your state laws and your individual situation.  Random people on the internet may or may not know the answer, and could inadvertently give you damaging advice.  We have seen that happen in the past.

    There are times when you need an expert opinion.  This may be one of them.  


  16. These are strange times.

    I first came to this site, under a different name, during the financial meltdown.  I lost my rental properties, which were under water anyway.  My house was under water.  I had over $100k of unsecured debt.  I used this site to get through one of the worst times in recent memory.  

    I am sure there will be quite a few people defaulting on their debts this year.  Things are very different now, but we have to keep up to date on the latest.  Things change day to day now.  So, for the next few months, Coronavirus will delay a lot of court and arbitration hearings.  That is how things work NOW.  Last week was different.  A few months from now might be a completely different ball game.  


  17. 7 hours ago, Intensivefire said:

    Would showing up in person help my odds to get the motion granted? Im fully expecting them to come up with a crappy reason to object to the motion.

    This is getting into the realm of psychology here.  

    I would always show up in person to argue a motion, on the premise that the judge could see me as a real person, as opposed a disembodied voice.  Even when the opposing party phoned it in.  The judge probably has met all the lawyers.  

    In current times, a judge might a LOT happier without humans in the courtroom.  After all, judges are often quite old.  Often times, when lawyers are about to retire, they work as a judge for a while.  I had a great-great uncle in central TN who was on the bench until he was about 90

    • Like 2

  18. 23 minutes ago, Intensivefire said:

    Would that push them to dismiss just to not show up in court? Or would it just annoy them to get them off their lazy a$$?

    As @fisthardcheese pointed out, it will do absolutely nothing except show them you are paying attention.

    These days, judges are trying to get as much of their docket done by telephone as possible.  The odds that a judge would refuse a telephonic appearance are pretty much nil.  In fact, the judge may order the entire hearing to be done by phone.  

    • Like 1

  19. I am wondering something. 

    I read in the local news that the local county courthouse is changing policies due to Coronavirus.  Many cases that were heard in person will now be heard by phone.  Other cases will be postponed.  

    Has anyone seen any effects on their local courthouses due to Coronavirus?

    And, please everyone stay safe and healthy!

     


  20. Threats of arbitration, like threats of bankruptcy, can be ignored.  

    Normally we don't recommend preemptive arbitration.  This may or may not be a time when you would want to do that.  Or at least prepare for it.  

    Why not call them, make an offer, and see what happens?  Maybe they have been hard nose with others, but that doesn't mean they will be hard nose with you.  Every case is different.  

    If the nice approach doesn't work, then you have to get creative.  

    One possibility -- fill out the JAMS forms for arbitration for this case, and also a sample MTC.  Send them to Midland, along with a letter.  Explain that you have not filed in JAMS, but are prepared to do so.  If they are willing to accept 50% , you will not file in JAMS.  If they do not accept, you will answer any summons with an MTC and you will file in JAMS.  When they see you already have the paperwork, if they are smart, they will settle.

    One caveat -- often places have a "policy".  The policy may be self-defeating, but the employees have no choice but to follow the policy.  An employee who follows the policy, even if it loses money for the company, will rarely get into any trouble.  An employee who breaks the policy, even if it saves them money, is far more likely to get into trouble.  

    Which means, if you threaten them with an MTC and a JAMS filing if they don't settle and instead sue on this case, you need to be willing to follow through.  An MTC and JAMS filing will cost you very little money, but will cost you time and stress.  You have to know for yourself what you are comfortable with.  My comfort level may be very different from yours.  


  21. 57 minutes ago, G Man said:

    Just an update, I was able to talk to them today, and I could submit paperwork for medical issues, to just send what I have as soon as possible, they wouldn't tell me what to send "just what I have" and wouldn't agree to a timeline.  So, I'm going to pull my medical documents for my back problems, the documents for the claim I filed with the VA and talk to my doctor and see if she will write up her opinion that I can't work 

    This could be very good for you.  


  22. Well, this is way over my head. 

    Since you had the bills sent to an address in Oregon, the courts there might or might not have jurisdiction.  

    Also, what happens when you are sued while living overseas is way beyond my expertise.  Here are some answers from some actual attorneys:

    https://www.avvo.com/legal-answers/can-a-us-citizen-be-successfully-sued-in-a-us-cour-1848699.html

    I cannot give legal advice.  If I were in your shoes, I would at least consider finding the equivalent of a Notary Public, and sending a statement to the court, copying the other side's attorney, that you are living abroad, you never lived in Oregon, and that you were never served with the lawsuit, and you have never seen the documents of the suit.  File a motion to dismiss, without prejudice.  

    If you get a default judgment against you, then you will have to seek to have it removed when and if you return to the US.  

    BUT -- the SOL is tolled while you are abroad.  You can be sued when you return to the US, even if you are outside the US past the 6 years SOL (in both Ohio and Oregon).  So if you spend 7 years abroad, in effect the SOL is now 13 years.  


  23. 18 hours ago, timbuck2 said:
     
     

    I received a few letters from attorneys looking to represent me against a Petition/Lawsuit for a CC dept owed to Comenity Capital Bank by Second Round Sub, LLC.  These letter were sent to a private mail box (UPS store) and not my home address. I haven't received anything from the Court, nor have I been served.  I have looked up the case filed on 2/18/20 and I am being sued, but it states that as of  3/9/20 that I remain unserved. 

    My question is: do I wait until after I am served and/or receive notice from the court informing me (I'm assuming this would be sent certified mail) to file an answer/MTC with the court?

    Many thanks in advance for any help with that question.  I'm sure that I will have a few more in the upcoming weeks.

     

    Unless there is something you haven’t told us, the standard procedure is to file your response after being served.