cricket65 Posted October 14, 2007 Report Share Posted October 14, 2007 Thanks for looking at this thread! My wife defaulted on a Providian account back in June of 2003. She was in-between jobs and they were the only ones that would not negotiate. She had 2 accounts with a combined balance of around $6,500. Debt was turned over to CA and we followed the advice of the book concerning validation. After we sent the validation letter we would never hear from them again. Until now! We received a reply from a company called Midland Credit Management, Inc. They said the debt was acquired by them in August of 07 and that is the only date they quote, not the original date of June 03. They stated in their letter that there is absolutely no room for negotiation and the demand a little over $10,000 now. They did not provide the right account numbers for the original accounts and if I am correct the statue of limitations is expired (We are in AL). Any advice would be much appreciated!! Link to comment Share on other sites More sharing options...
willingtocope Posted October 14, 2007 Report Share Posted October 14, 2007 Welcome!I think "acquired" is the operative word. I think that means they've bought the debt, which makes them a "junk debt buyer" (JDB). If that's they case, you don't owe these people squat...they paid pennies on the dollar for the right to hassle you. Check your credit reports...if it says "sold to another lender" for the OC, then its been sold.DV them. Expect to get an "account stated" in response. Do a search on JDB and account stated and you'll see how to deal with this... Link to comment Share on other sites More sharing options...
cricket65 Posted January 8, 2008 Author Report Share Posted January 8, 2008 An update to my last post:Sent a DV letter to Midland, to which they responded that they now own the account previously known as Providian. Midland has now renamed the debt and renumbered the date to correspond with their purchase of the debt, so it now is reflected as a 2007 account. This account was originally from 2003 and the state we live in (Alabama) has a three year statute of limitations for debt collection. Then we received a letter demanding payment in full from a local law office. Finally, eight days later, we received a letter from a mediation and alternative resolution office referencing a civil suit and offering to resolve this issue before it goes to court and garnishing procedures result. I am going to pull a current credit report and see if any negative feedback has been applied toward my report. Can anyone help me understand if they indeed have the legal right to continue this or any other process that they deem worthy, or is it now in my best interest to seek the advice of my own attorney, or do I have a legal leg on which to stand? If I do need the advice of an attorney, can anyone suggest a good debt attorney in the Montgomery, AL area?Thank you in advance for all of your help, it is greatly appreciated! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 8, 2008 Report Share Posted January 8, 2008 if you need (or want) the advice of an attorney, anyone on this site can help:www.naca.netNational Association of Consumer Advocates Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted January 8, 2008 Report Share Posted January 8, 2008 An update to my last post:Sent a DV letter to Midland, to which they responded that they now own the account previously known as Providian. Midland has now renamed the debt and renumbered the date to correspond with their purchase of the debt, so it now is reflected as a 2007 account. This account was originally from 2003 and the state we live in (Alabama) has a three year statute of limitations for debt collection. Then we received a letter demanding payment in full from a local law office. Finally, eight days later, we received a letter from a mediation and alternative resolution office referencing a civil suit and offering to resolve this issue before it goes to court and garnishing procedures result. I am going to pull a current credit report and see if any negative feedback has been applied toward my report. Can anyone help me understand if they indeed have the legal right to continue this or any other process that they deem worthy, or is it now in my best interest to seek the advice of my own attorney, or do I have a legal leg on which to stand? If I do need the advice of an attorney, can anyone suggest a good debt attorney in the Montgomery, AL area?Thank you in advance for all of your help, it is greatly appreciated!DOFD does not change just because MCM bought the debt. It would still be 6/03 which gives you an affirmative defense of SOL if brought to suit. That's your legal leg to stand on....just make sure you're standing in front of the judge (show up in court if sued). Link to comment Share on other sites More sharing options...
willingtocope Posted January 8, 2008 Report Share Posted January 8, 2008 And the offer from the mediation service means one of two things: either the "law" office is trying to trick you into mediation because they know the debt is SOL and that they would lose in regular court; or, a suit has already be filed and some other debt chaser lawyer has kindly (cough, cough) offered to mediate for you.Watch your local court house's web site...or better yet, call the local clerk and see if a suit has been filed... Link to comment Share on other sites More sharing options...
cricket65 Posted January 21, 2008 Author Report Share Posted January 21, 2008 Yes, I believe a suit has been filed. Will go by the courthouse tommorrow. Sounds like Midland is trying to reset the clock on the orginal debt. I will try to contact an attorney locally.Thanks for all the advice. Link to comment Share on other sites More sharing options...
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