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Lost in process - California MCM


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Back in December MCM sends me a "Payment Certificate" as the servicer for a bankcard with a 3K balance that I had not paid on for two years being out of work.

I sent a DV letter in February after finding this site. (Thanks)....

After hearing nothing for 30+ days, I sent a follow up letter in March advising MCM they were now in violation of the FDCPA for ignoring my validation request.

A day later, (must have passed in the post office) I get a copy of a monthly statement for the bankcard from 2006 (I made payments well after that so don't know how this is relavent), another showing a past due amount from early 2010 with total under $3K, and a new MCM invoice for almost $4K with discount offers for payment in full (40% off), 12 monthly payments (20% off),

and payments of $100/month till satisfied... call to discuss.

A week later they send a letter stating they are investigating my dispute, and have determined that their credit reporting is accurate or they have updated the reporting to make it accurate. And that it will be reflected at the reporting agencies in 30-45 days. They did request the status of the account be listed as disputed with the CRA's.

In April I sent another letter to MCM stating their delivery of a copy of a monthly statement was not a validation of the account, and that I wanted a copy of the original loan or CC agreement signed by me, and a copy of the agreement or certified letter from the bankcard company showing the transfer of the asset or debt, and a calculation sheet justifying the total they were claiming.

In May, MCM send a letter stating I did not provide them with sufficient information to investigate my dispute of the credit reporting. They ask for documentation that the debt was paid in full.

The account still show as disputed on the CRAs.

No further action on either part since then.

Next steps?? if any?

-=PO

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It will depend... Midland buys thousands of accounts per month...

One of 2 things happened, with the most likely being that you were moved to the "difficult" pile since you are not going to roll over and pay. The other thing that could have happened is they are prepping to sue.

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It will depend... Midland buys thousands of accounts per month...

One of 2 things happened, with the most likely being that you were moved to the "difficult" pile since you are not going to roll over and pay. The other thing that could have happened is they are prepping to sue.

So either way.... wait and see?

Or is ther some offensive move that makes sense now?

-=PO

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You might get lucky and get a default. Kicking the show off with you drawing first blood may go badly though as they may get outside counsel for your suit, hoping to rack up legal fees, to harrass you.

You can trip them up by disputing with the CRA's that would push them back. try one CRA then after 25 days another, and repeat.

Start looking up the requirements for an answer to your complaint which may be possibly coming keep a log of all communications and watch for violations.

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