Rubin & Rothman and Midland.

[herepamwas]

I received a letter from R&R about an account with Midland Funding on 8/27/08. This was my first contact about this debt so I dv'd them and disputed on my credit reports about this debt the next day. I just received from R&R a copy of a dunning letter from Midland. I am waiting for the CBs to report back about my dispute. I am not sure what my next move is since I am not even sure if this is my debt.

[LUEser]

Sure you're sure if this is your debt. Either you had one with who Midland says you did, or you didn't. They usually get that much right.

But the amount, probably not too sure of, since Midland and the likes like to tack on exorbitant fees and interest.

If you don't want to pay it, that's cool. No judgment here, but surely you know if this is yours or not. If it's not, then why not file an ID theft affidavit and be done with it.

Moving on.

R&R proabably sent what was necessary for validation. But that doesn't mean you have to agree with it. You can simply write them back and tell them you don't agree that this account is yours, and ask how they came to the balance. R&R has to forward this to Midland if they're acting as counsel. If they don't, then they're acting in bad faith and it looks bad on them if this goes to court.

Further, upon your receipt of your disputes from the CRAs, you can then hit midland with a 623 request, as well as hit the bureaus with a 611 method of verification request under the FCRA.

And since Midland is a JDB, hit them with a DV too since they're considered collectors for purposes of the FDCPA.

BTW, had Midland contacted you at all yet?

[Recovering Attorney]

yes, if it is not your debt, tell them so. Tell them you donot owe midland's predecessor and that you continue to dispute it in total.

[herepamwas]

Sure you're sure if this is your debt. Either you had one with who Midland says you did, or you didn't. They usually get that much right.

But the amount, probably not too sure of, since Midland and the likes like to tack on exorbitant fees and interest.

If you don't want to pay it, that's cool. No judgment here, but surely you know if this is yours or not. If it's not, then why not file an ID theft affidavit and be done with it.

Moving on.

R&R proabably sent what was necessary for validation. But that doesn't mean you have to agree with it. You can simply write them back and tell them you don't agree that this account is yours, and ask how they came to the balance. R&R has to forward this to Midland if they're acting as counsel. If they don't, then they're acting in bad faith and it looks bad on them if this goes to court.

Further, upon your receipt of your disputes from the CRAs, you can then hit midland with a 623 request, as well as hit the bureaus with a 611 method of verification request under the FCRA.

And since Midland is a JDB, hit them with a DV too since they're considered collectors for purposes of the FDCPA.

BTW, had Midland contacted you at all yet?

No midland has not contacted me at all. The first I heard of this is when I received the letter from R&R.

[LUEser]

Yep, cut the middle man. Go straight for Midland.

Call them up directly (if you can handle yourself on the phone).

Ask them what the debt is about, and ask them to send you documentation.

(They'll probably tell you it's with CA XYZ blah blah blah)

Tell them you don't care, they're a debt collector and you demand they send you information regarding your rights.

This starts the 5 day clock for them to sent you a letter of your rights.

If they don't, you have violation number 1.

Then you DV them directly. They're a collector for FDCPA purposes. Treat them as such. They don't respond, and the keep sending it to other CAs, more continued collection activity. More violations. More leverage for you.

Also, did you DV R&R?

R&R just passing on a standard dunning letter from Midland doesn't mean Midland ever actually tried to contact you. Force them to, and force them to violate. It's not that hard to get a leg up on these guys, it is Midland afterall...

Good luck!

[herepamwas]

So it seems I am being sued now by Midland funding and they have changed lawyers. I need help!

[jetscarbie]

Midland.....what a bunch of scum collectors. They are considered one of the worst

http://budhibbs.com/collectorpages/midland_credit_management.htm

So after you last posted.....what all have you sent and recieved from them? Give us an update.

[Credithis]

Midland is a JDB and has no proof. They will reply on a "affidavit" from their own company which is heresay. You will win. Give the details and we will fill in the response.

[herepamwas]

well, I went to the court house to look at the file. There was nothing in it except the summons. I have filed an answer and asked for discovery. I'm just waiting at this point.

[herepamwas]

I just received a phone call from the law offices of Stephen Einstein. The woman on the phone asked if I was ready to make a payment arrangement with them. I told her that she hasn't answered my discovery demands yet. She said okay and hung up. I hope I haven't shot myself in the foot.