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Everything posted by Bodhi

  1. Got them to agree to explain the amount (which is all I wanted in the first place) and to agree to send a letter saying it is paid in full and that they will not list it as a tradeline. I agreed to pay in full upon receipt of the letter.
  2. Wasn't aware of the limited C&D Robert, thanks for pointing it out. I am going to send them a letter on Monday asking them to please explain the changing balances and inform them that I am willing to pay in full provided the tradeline is never listed with the credit bureaus.
  3. I sent a do not call request, please deal only by mail, and the CA received it on 6th of March, yet still called me on the 9th. When I informed them of it, they were rude and finally just hung up. Question is, they broke the letter of the law, it's not my fault that they can not correlate the information they receive in time to act on it.
  4. My wife and I had an apartment a little under two years ago that we left early and had to pay a move out charge as we had bought a house. We were paying the "move out" charge promptly but after a year and a half, had lost track of the balance, so we requested copies of the transactions too date so we could just pay in full. Well the apartment complex never responded and just sent it to a collection agency. Fast forward to the 2nd of March this year when we receive a letter that states that we owe about $2500.00 which is incorrect. We tried talking to them over the phone to just pay in full, as we figured we owed about $750.00 but the apartment complex never called us back. Very rude people at the CA and all in all a waste of time until I spoke to a supervisor. He agreed that it wasn't $2500.00 but instead $857.27. The could not explain the discrepancy and wouldn't explain it either. I said that I needed to research this and would respond in writing. So I sent a debt validation letter and a request to contact us only by US Mail to them on the 5th of March that they received the 6th as evidenced by the green card signing for it. On the 9th I received a call from the CA on both my cell phone and my home phone telling us to call as it was urgent. I answered my cell phone the same day and it was the supervisor and he demanded payment immediately. I informed him that I had sent a letter asking him to contact us only by mail. He became rude and all but said I was lying about the letter. I told him again I was out of town for work, and to only contact me by mail and he hung up. Fast forward to today, we received their response that says enclosed are the documents that verify the amount they are assigned to collect. It says call a rep and pay the amount of $860.42. It also says "If you disagree with the charges, we will notify the credit bureaus that this claim is disputed." I would think that they are implying that this is on our credit report already. They enclosed three documents, that all have differing balances. One says $756.56 in handwriting next to a crossed out balance. The second is a computer ledger that shows we have a "Zero" balance as of 4-23-08 which is almost a year after we moved out. The third is their letter that says we owe $860.42 which is different from their first letter which said we owed $857.27. I guess what I am asking is I need some advice from some of the veterans here. First Question: We have the money to pay the $756.56 which we feel is about correct, but the differing balances are confusing and according to their provided documentation they show a zero balance on the computer ledger, a handwritten one over a much higher one, and then one they says we owe $860.42. How is this reasonable documentation and which is it? Second Question: They violated the do not call request as per the certified letter they received. It is only a difference of four days past when they received it, but they did receive it. Can I get them for that violation? Third Question: Can this already be on my credit report inside of the 30 day notice period. We intend to settle the debt, but want a legitimate balance. This is fairly confusing, but we appreciate any help you might give.
  5. Have you sent a letter disputing the debt to the three major CRA's? If you have not, pull a copy of your CR from www.myfico.com (so you have it for proof), and write the three major CRA's disputing the debt. Send it CMRRR and if they come back verified, request the process used to verify them as allowed under law. If it still stays there, go to NACA and find attorney to talk with and take all your evidence with you and let them sue.
  6. That is extortion. Do you have a tape of it? If so, take the tape to the attorneys office and then laugh all the way to the bank. I used to do a lot of subcontractor work, and have had a few General Contractors go out of business and had a few debt collectors call. I always send a letter to them stating that I had no financial obligation to any job I work on other than the materials that I brought on site. (Materials were always prepaid before installation) I provide a copy of my contract with the GC stating that I am a subcontractor working for the GC. I also include my attorney's address and phone number and instruct all future correspondence be sent there. I usually never heard back, and the two times I can think of, I had the attorney right a nasty gram, and then never heard another thing again.
  7. Debtguy, As Moriah stated, Midland apparently does care what happens through the BBB. They cared enough to provide me with letters through the BBB outlining their violations of the FDCPA concerning my alleged account with them. They also cared enough to include a letter in our final correspondence through the BBB that outlined they would never sell the debt again, never try to collect on it again, and that they would close the account forever. Now, I do not know about all members of the BBB, but I do know that so far, the only way to get Midland to respond to anything is through the BBB or bombarding their executives with emails. I chose the first and it was simple, and provided court admissable evidence in their transgressions against me.
  8. Midland is the devil. That said, you need to respond to the BBB reply from them outlining the FDCPA violations. Tell them in no uncertain terms that reporting false info to the CRA's is a crime that can be punished by fines. Also bring up to them that you are not going to play their game and that if they do not immediately pull back the account, delete it from your CR, and send you a letter stating that they will never try to collect, sell, or assign the debt again. In close, tell them that you intend to file suit if they do not follow through with it.
  9. The agreement I have states that I paid in full. That is not the issue, the issue is that the CRA's had it reported wrong, I provided proof they were wrong, and they updated the info instead of removing it as it states in the FCRA. My question is can they just update the information instead of removing it while using the correct information I provided?
  10. I recently disputed some inaccuracies on an account with the three major CRA's and got my responses back. All they did was update the account instead of deleting it. As far as my understanding is, the FCRA states that all inaccurate information must be deleted from an account. It says nothing in there about "updating" the account after the consumer proves that the subscriber provided inaccurate information with regards to the account. This all stems from a US Bank charge off that I settled and paid in 2004. They had it reporting as "Charge Off / Paid for less than Full Balance" and that it was a current account showing current paying up to Dec 2007. I disputed the inaccuracies, and provided proof and my payment letter outlining the agreements. Why did they not remove the account? It contained inaccuracies? Can I still get them to remove it? What would you guys try?
  11. Do you have a Florida Driver's License? You say you have a plate turn it receipt, I assume you mean that you have proof that you got Florida Plates 9 months ago, Right? If so, take all that with you to the attorney's office. If the attorney is going to charge, you can do this yourself though. Just goto the web page of the court they are sueing you in, download a motions form. They usually have several. Fill in the information stating that you moved, and on what date. File as exhibit A: the receipt showing you turning in your plate. File Exhibit B: a copy of your Florida Driver's License showing the date of issue. File Exhibit C: an affadavit from the people you live with stating that you have in fact lived there for nine months. Have they ever contacted you regarding the debt before? If they have not, debt validate them right now, and include that as Exhibit D: stating that you want it dismissed with prejudice as they never sent you any documents regarding it.
  12. Midland Funding, LLC is a subsidiary of Midland Credit Management out of San Diego. I would look deeply into this and find out whether: a: they can legally file suit against you in Florida. (IE. are they registered as a CA in the State of Florida (if Florida requires this)) b: If they have never contacted you, request that they validate the debt. Midland is notorious for not having proper paperwork.
  13. You need to respond to the summons. If it were me, I would file a motion to dismiss stating wrong venue as you live in Florida and were not served. You will need to provide proof of when you moved and such. Make damn sure you do something though. You can got the naca website as well, they have a long list of attorneys that work on cases like this.
  14. Well, it looks like we are going to file in the New Year! I will provide all the details after we file. Wish me luck!
  15. I agree, Bud Hibbs has been advertising for people with CA problems in the State of Texas for months. Good Luck!
  16. Never dealt with them, but I did a search on www.budhibbs.com and came up with this: http://www.giovelawofficeexposed.com/burgess.htm Sounds like a really great guy.
  17. I would send a letter to the hospital and tell them to resubmit the bill to your insurance. They are responsible for properly filing this information if you provided it. (Also call your Insurance and tell them what is happening with the CA. Most Insurance have great departments to fix this.) Next, send a letter (CMRRR) to the CA telling them to that their attempt at validation does not meet the requirements of the FDCPA 809 and that you fully dispute this debt. Notify them that any collection activity until this is properly verified is a violation of the FDCPA. Remind them that you know your rights and you are not going to be bullied. Good luck! Hopefully a more experienced member will be along to help you more on this.
  18. Did you send them a C&D letter via CMRRR? If so, they are violating your rights by continuing to call. Start a CA call log and keep track of when they call, why they call, what they say. Keep good records, you will need them. Secondly, find out if your state is a two party state with regards to recording conversations. Start recording their conversations, make sure if it is a two party state you inform them at the start of the call. If they refuse, then let them know you refuse to talk to them and that they can send you what they want via CMRRR. Lastly, the DOFD is the date you last made a payment. If you have paid again since the first time it went to collections, I believe you reset this date. (You may want to check on this with other more experienced members). Wolpoff & Abramson are lying, coniving bastages. They threatened me into settling with them 3 years ago, and I allowed myself to be bullied into it. Looking back, they had no right to collect, and I just gave them money for no reason. I would read up as much as possible here, and learn how to fight these extortionists.
  19. I would do a nice PFD to the Hospital with the stipulation that they pull it back from the CA and the CA definitely pulls it from your report.
  20. Midland will not respond to you. They are just JDB`s. They do this all the time. I am in the midst of preparing a lawsuit against them for putting something on my CR that was 5 years past SOL. Amerikaner has good advice. Send letters CMRRR to both the OC and MCM and do the same to all three CRA`s CMRRR of course! If they validate, you will have some violations.
  21. Nascar, It happened in May. The denial letter I have is dated the end of May. As for them pulling my credit, I have no idea why. On a side note regarding MCM; I was contacted by an attorney the other day (one I had previously contacted) and they are interested in possibly taking my case. So, I meet with them during the upcoming week. As for getting a letter from the mortgage company, I should have something next week. They (the mortgage company) have been very helpful on this.
  22. Good Luck Jean. It looks like you are working hard.
  23. Amerikaner, That is the same with me on the deal I am in the midst of with MCM. They lied. Plain and simply a huge principle issue with me. I hope you kick the crap out of them big time!
  24. Actually I have a follow up on this. bubbaboo is correct in one thing, but I actually spoke to a postmaster at the post office today. She at first did not seem too interested in the case I had, but I did get her to say that after her review it did look like a form of mail fraud, but as mentioned, it was such a small issue, that they could not spare resources to pursue it. Well, I countered with the issue that the CA's are not just doing this to one person, but to tens of thousands. That perked up her interest. I am going to meet with another person from the post office next week, to see if there is anything that can be done! Cross your fingers, this could get very interested.
  25. I live in CO Willing. Can not find the statute of repose here.
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