bnkrptlsr

"this is not an attempt to collect a debt" on letter from MCM

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I received a letter from Midland (Funding/Credit Management) that is confusing me.

Here is the body of the letter:

The purpose of this letter is to advise you that Midland Funding LLC is the new owner of the above-referenced account and Midland Credit Management, Inc. ("MCM"), a debt collection company, is now the servicer of this obligation. Midland Funding LLC received an assignment of your account with the above-listed original creditor. Accordingly, all future communication regarding the account should be addressed to MCM as servicer for Midland Funding LLC and not the previous owner. No collection efforts will occur on this account for at least 30 days from the date of this notice.

If an attorney represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your bankruptcy attorney so that we may be notified.

Midland Credit Management, Inc.

8875 Aero Drive, Suite 200

San Diego, CA 92123

IMPORTANT DISCLOSURE INFORMATION

Although this communication is from a debt collector, this is not an attempt to collect a debt.

*Can anyone tell me what this is about?

*Are they attempting to comply with Florida's Notification of Assignment statute?

*Why the comment that "this is not an attempt to collect a debt"?

*Aren't they obviously attempting to collect a debt?

*Isn't this letter a 'communication in connection with debt collection'?

*Should their letter have included a 1692g notice?

*What should my response be?

Thanks!

Edited by bnkrptlsr
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My guess is they're just telling you that they own the debt now so that you know to deal with them with any future transactions, but they're not actually collecting the debt at this point. Like they said in the letter, they're not going to do anything for 30 days. I think that's all it is.

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I don't know what state you're in, but in Florida this notice meets the notice requirements to preserve the debt buyer's right to file suit at some future point in time.

Perhaps your state, if not Florida, has similar notice requirements.

Also, this could be an attempt to get you not to send the DV letter. Regardless the content of the letter, it is your initial communication and your 30 day window begins upon receipt.

These guys are always looking for new ways to circumvent the law. Maybe they're testing the latest, greatest idea.

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Also, this could be an attempt to get you not to send the DV letter. Regardless the content of the letter, it is your initial communication and your 30 day window begins upon receipt.
Pretty creative. Once they attempt to collect, the DV window is closed.
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I see this all the time related to debts discharged in bankruptcy. Frankly I think it is just debt collectors pushing the envelope.

The discharge injunction expressly forbids collecting or attempting to place personal liability for the discharged debt. These ding-a-lings think they can get around it by simply saying "if this was discharged, it's not an attempt to collect on you personally." I don't know if there is any case law on this but it looks like a pretty clear case of overshadowing. The letter says we have this debt for this much in your name that we want you to pay, but oh by the way, if it's discharged we will take payment anyways if you send it.

What a crock...

The FDCPA and the Bankruptcy Code, requires creditors to do their due dillegence to not even try to collect on discharged debt.

Edited by Methuss
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I suggest that you reply and DEMAND that they show you a VALID, AUTHENTICATED ASSIGNMENT, PROPERLY EXECUTED AND SIGNED BY ALL PARTIES.

ALSO DEMAND THAT MIDLAND SHOW PROOF OF VALUABLE CONSIDERATION PAID OR TO BE PAID.

ALSO DEMAND PROOF OF THE COMPLETE CHAIN OF CLEAR TITLE, LISTING ALL ENTITIES INVOLVED IN THIS MATTER, SHOWING THAT EACH ENTITY, INCLUDING MIDLAND, HAS OR HAD A VALID AUTHENTICATED ASSIGNMENT, PROPERLY EXECUTED AND SIGNED BY EACH ENTITY IN THAT CHAIN.

DEMAND THAT MIDLAND SHOW PROOF OF THEIR LEGAL STANDING, AS WELL AS PROOF OF THE LEGAL STANDING OF THEIR PREDECESSORS.

CITE THE DOCTRINE OF "LACK OF PRIVITY"...meaning that you have never had any PREVIOUS agreement or business dealings with MIDLAND .

Remind MIDLAND that if they DO NOT or CANNOT FURNISH YOU WITH THE INFORMATION, so requested, then you will consider their letter to be in violation of US CODE TITLE 18 CHAPTER 63 COLLECTIONS art 1341( MAIL FRAUD...FRAUD AND SWINDLES) and you reserve the right to file a complaint with the US POSTAL SERVICE for further investigation, as well as a complaint to the STATE ATTORNEY GENERAL OFFICE OF CONSUMER AFFAIRS, as well as THE BETTER BUSINESS BUREAU.

DEMAND THAT MIDLAND SHOW PROOF OF A VALID REASON TO ACCESS OR OTHERWISE USE YOUR SOCIAL SECURITY NUMBER IN ANY BUSINESS DEALING, otherwise demonstrate WHY THEY ARE NOT IN VIOLATION OF " TITLE 42 US CODE 408...UNAUTHORIZED USE OF SOCIAL SECURITY NUMBERS ( Which is a FELONY)

I would close my letter by stating:

"I expect your reply within 15 days and I reserve the right to take further action. ALL PARTIES TO WHOM THIS LETTER IS ADDRESSED are hereby advised, govern your actions accordingly.

Sincerely yours,

YOUR name

....and of course, send all such letters by CMRR

( I always send my letters addressed to;

CHIEF EXECUTIVE OFFICER, GENERAL MANAGER OF ACCOUNTS , and COLLECTION STAFF

Edited by Prosay
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Seriously, don't go throwing around citations unless you know precicely what you are doing. If you make a mistake you have shown your hand as being all bluster and no real legal threat. Keep it simple and save the citations for court.

If you must, simply state that you "will pursue any and all legal options for any violation of [your] rights." That leaves the CA guessing as to your legal abilities and knowledge as a consumer. If they are smart, they back down...if they are stupid, you are giving them enough rope to hang themselves. It's a win-win.

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As an aside, I would avoid the collection merry go round this woiuld create. Send a DV to the JDB, in this case Midland Funding and not MCM even though they are divisions of one another and owned by Encore receivable.

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Seriously, don't go throwing around citations unless you know precicely what you are doing. If you make a mistake you have shown your hand as being all bluster and no real legal threat. Keep it simple and save the citations for court.

If you must, simply state that you "will pursue any and all legal options for any violation of [your] rights." That leaves the CA guessing as to your legal abilities and knowledge as a consumer. If they are smart, they back down...if they are stupid, you are giving them enough rope to hang themselves. It's a win-win.

I stand by my position...the laws I always state when I reply are valid and have always resulted in the CA OR JDB backing down.

But you are correct, one should never "throw around citations" unless one knows what they are doing. But never show your complete hand...know when to hold' em, and know when to fold 'em !

I always cite all laws I am familiar with...let the opposition figure out the ones they are in violation of !

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