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Greedy to sue Midland after deletion?


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I finally got MCM off EQ and EX (still waiting on TU). During the process, I DV'd MCM three times and disputed 4 times with the CRA's. I also sent a complaint to the BBB, but dropped it after they requested a release of info for MCM.

3 days after EQ finally deleted MCM, I received a letter from MCM in response to my BBB complaint. The highlights of the letter is as follows:

(1) MCM became the servicer of the above ref. acct on July 17, 2006. Servicer? They are JDB's, they bought the worthless loan

(2) Data provided shows the last payment to the issuer was on April 18, 2003. The account was charged off as an unpaid delinquent det on April 30, 2004. The balance owed at the time of acquisition was $5,289.28. Interest on the account continues to accrue and the total amount now due is $5,560.38. MCM was listing it as an open installment account with an opening date of 8/06 and a last payment as 12/06. Also, they obviously can't verify, how can they prove that interest could still accrue under the original contract?

(3)They say my request for verification was not timely under the FDCPA and the obligation to provide verification did not apply. "The first letter was sent NNovember 26, 2006. To date you have failed to provide to MCM any documentation to substantiate your dispute." I have an August 2006 credit report that lists MCM as a creditor. By its' own letter, it admits that they did not send me a "dunning letter" until November 2006. Of course, I did not get any letter.

The MCM letter was signed by a compliance paralegal.No mini-Miranda on it, either.

So this just ticked me off. I am also afraid that MCM will attempt to get back onto my credit report. Would it be greedy to sue for these and the other reporting violations? This letter just seems like the icing on the cake.

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I would go ahead and sue them and send them a copy of that suit along with letter demanding that they delete from your TU report, delete you from there files, agree not to sell debt, and send you $1,000 and you will drop lawsuit. See what happens from there. Good Luck!

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