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Midland Credit Management


lordreyrey
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Midland Credit Management has been trying to collect on an old Providian credit card for the last three months. I originally got a form letter, "Hey you owe this, why don't you pay half and consider it paid in full" type letter, I ignored it.

Then, a month later, I purchased a new truck and I got a letter from them basically saying "hey, enjoying your truck, pay us this," I ignored that one as well.

I got a "Pre-Legal" notice from them in February, saying by March I have to pay them, or they are "considering" forwarding this account to an attorney, and once that is done, the "flexible payment options might not be available to me any more," which I can avoid by paying them now.

I ignored that letter as well, along with the two phone calls a day I get from "UNAVAILABLE" on my cell phone.

Nevada SOL on Open Ended Accounts is 4 years, and the date of last activity on this account was 11/2003; so clearly this account is out of the SOL.

Not to mention there is no reference to any account on any of my credit reports.

My only concern is reading all about how terrible Midland is with filing lawsuits.

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They are trying to scare you into paying, dont do it. Just as long as you can prove the SOL defense. Gather copies of your last 6 or so Providian Statements to prove the last payment and lack of payment for the last 5-6 billing statements, also gather your bank account statements from the time you made your last payment and the next 6 months or so.

In the event they sue you, you need to prove your defense. As long as you can prove your defense you can sleep well.

One of my favorites is calling the JDB after the SOL has expired and asking them to fax a letter of the debt Including the Creditors name, acct number, Amount currently owed and date and amount of last payment. You tell them you need this for your lawyer that is reviewing a possible Bankruptcy for you.

Half of the time they are dumb enough to send you your proof. Most often they just crumble once they hear the words BK and you never hear from them again.

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I have old credit reports from 2006 that show this account and the date of last activity as 11/2005. My credit reports now however, are completely clean of this account; and nothing on there from Midland.

I plan to ignore them, I just don't want them to think that since I am ignoring them, they should jump and file a suit because they think I will ignore that--they would be wrong.

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Sending a DV, unless you intend to settle, is useless and it doesn't sound like you have any intention of paying.

You can dispute and request validation at any time but once past the thirty days, they have no obligation to respond.

You are lucky they haven't reported this to the bureaus yet and since they haven't, they probably won't but the next one might.

If you know the debt is past the SOL and you have no intention of settling then send a cease communication order (C&DD) and wait for the next CA to come along.

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My post above was a typo. I have old credit reports from 2006, and the Date of Last Activity on this account is 11/2003. So, being that open ended accounts in Nevada have a 4 year SOL, this account is outside the statute.

So, I can ignore them and hope they go away; or I can send them a letter. My fear is ignoring them might make them file suit in hopes of default.

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Be careful with them Lordreyrey, I just got a letter in the mail from "American Mediation and Alternative Resolutions" referring to a case Midland filed against me. I have no idea what this debt is about and how much. I looked up the case on a court website for my state and indeed there has been a suit filed against me, there is a court date set, and yet I have never been served. I am sure Midland is counting on me never having been served and me not showing up in court and therefore getting a default judgement against me. I need to look through all the forum threads re:Midland and my files to see if there is anything else from Midland. I hope everything works out for you and the rest of us being chased by these scumbags.

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My post above was a typo. I have old credit reports from 2006, and the Date of Last Activity on this account is 11/2003. So, being that open ended accounts in Nevada have a 4 year SOL, this account is outside the statute.

So, I can ignore them and hope they go away; or I can send them a letter. My fear is ignoring them might make them file suit in hopes of default.

I would never just ignore a CA attempting to actively collect a debt no matter how old it is nor is that what I suggested above.

If you assume they will just "go away" then you do so at your own risk.

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Question: and if someone mentioned this, I missed it. I have their "pre-legal" notification they send 5 weeks or so ago. The one that says they are "considering" forwarding this account to a lawyer, etc. It is past 30 days, can I still send a DV letter? Does it have to be within that 30 days?

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I am being served a summons tomorrow. Midland Funding is taking me to court. I contacted the attorney when I was first contacted about the debt and said I needed proof of the debt and what credit card company it was regarding. All they would tell me was Midland Funding, LLC. How do I verify the debt? I am really scared and want to get this settled but don't want to pay something I don't owe. Please help!!!

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Question: and if someone mentioned this, I missed it. I have their "pre-legal" notification they send 5 weeks or so ago. The one that says they are "considering" forwarding this account to a lawyer, etc. It is past 30 days, can I still send a DV letter? Does it have to be within that 30 days?

xheadscratchx Was there some part of the below post that wasn't clear?

....
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I am being served a summons tomorrow. Midland Funding is taking me to court. I contacted the attorney when I was first contacted about the debt and said I needed proof of the debt and what credit card company it was regarding. All they would tell me was Midland Funding, LLC. How do I verify the debt? I am really scared and want to get this settled but don't want to pay something I don't owe. Please help!!!

If you are being sued it is too late to request "validation".

You need to file an answer to the complaint within the time limit the court requires' to find out about the debt and other information you'll need to go through the discovery process.

If you don't feel capable of doing that then you need to consult with an attorney or give yourself a crash course in the process so that you can represent yourself...there are lot's of resources on the board here.

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Question: and if someone mentioned this, I missed it. I have their "pre-legal" notification they send 5 weeks or so ago. The one that says they are "considering" forwarding this account to a lawyer, etc. It is past 30 days, can I still send a DV letter? Does it have to be within that 30 days?

When I was credit repairing...alot of the tradelines on my CR I never received any notice of. I always send DV's even if it's a way old bill or whatever.

I do it for the proof. It may do no good....but it's better to have something showing that you asked for the bill to verified....instead of Nothing.

"I" always deal with the creditors head on. That's just me though.

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When I was credit repairing...alot of the tradelines on my CR I never received any notice of. I always send DV's even if it's a way old bill or whatever.

I do it for the proof. It may do no good....but it's better to have something showing that you asked for the bill to verified....instead of Nothing.

"I" always deal with the creditors head on. That's just me though.

When to use or not use the DV process is a matter of choice and no one situation is ever exactly like another one.

The most important thing to do, usually, is to not ignore a CA who is actively attempting to collect a debt.

"Fixing" a credit report is very different than dealing with an active collection; even if some processes overlap.

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