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Midland and NCO: Settling debts, fighting JDB's


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1. Who is suing you? Pollack and Rosen "attorneys" (junk debt call center) for Midland Funding LLC purported assignee of BofA

2. For how much? ~5300

3. Who is the original creditor? BofA

4. How do you know you are being sued? served at parents' house

5. How were you served? Were you served? see above

6. What was your correspondence with the people suing you before you think you were being sued? sent a notice of prelegal review, mailer

7. Where do you live? FL

8. When is the last time you paid on this account? 10/2008

9. What is the status of your case ? motion to dismiss denied, amended complaint, answer to amended complaint, objection hearsay pending

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, after suit was filed via certified mail (didn't know better.)

12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit? recv'd summons to answer complaint for breach of contract, etc.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? credit card statements from BofA bearing my name and showing last payment and a one-page affidavit of BofA affiant (not bearing my name or account#) as bill of sale assignment, I admitted to BofA debt but then redacted.

14. What is the SOL on the debt? I think it's 5 years here in FL.

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Okay...so here's a quick summary, recv'd summons at parents house in OCt 2011, filed for an extension to seek counsel 90 days GRANTED, decided since I cant afford attorney, i'm PRO SE.

Consulted with area attorneys (couldnt afford them, but they gave me some good advice, thats how I learned about extension :])

Then did research, research, research. Filed my own sloppy answer pro se, admitting to bofa debt, but with a bunch of affirmative defenses, mainly lack of privity (they have no contract) and hearsay (3rd party, robo signed volume purchase unnamed affidavit).

Motion to dismiss GRANTED, disposed by judge with provision to amend complaint, 30 days. They answered 45 days later. I made a motion to dismiss for failure to amend on time. DENIED.

So....I answer amended complaint with objections, objections, hearsay, restate affirmative defenses, unjust enrichment, lack of privity, that previous conditions have not been met or waived.

Then I call attorneys representing midland, and offer to settle for 30%-50% of original debt. They agree on phone. No fax or email, no written offer.

Well, I'm tired but I will put up a fight as they can see.

I object on principal, them buying old debts for pennies on the dollar and then trying to collect the full amount. And now they waste my time and energy, and don't do what they say they are going to do. They said they would fax or mail a settlement offer, but I never rec'vd it. I would have much rather dealt with the OC.

Any advice? Well at least I answered and they didnt get their default judgement like they were counting on. These people file hundreds of suits a year in my county alone! I've seen the dockets and they vary, clogging the system, but anyone else think this is hearsay? this unnamed affidavit bill of sale assignment? Like I said I'm objecting on hearsay and lack of privity (them not having a signed contract with me, and the bill of sale is unnamed.. )

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update

The question is, as I have had some success in settling other CC debt collectors (Asset & NCI) for 25%-30% of accumulated debt: do I try to settle or do I fight with all pro se legal tools available? Midland is difficult to deal with.

Midlands "lawyers" (a junk debt call center full of rude debt collectors) wanted 50% plus court costs, but failed to send me anything in writing.

I'm not even sure if Asset Acceptance or NCI will acknowledge "paid in full" "debt settled" letter of satisfaction until later this month. As they told me I need to wait 15-20 days to ask for a written letter of debt settled in full. I'm hoping for the best.

I'll admit 5 credit cards turns into a many headed snake.

I was able to pay off 2 out of 5 credit cards with a lump sum (only 3 to go now, 2 with Midland and 1 with NCO systems). Is there a strategic default here? Just walk away? I really need my limited funds to rebuild my life. I considered not ever paying them, though this $5500 lawsuit was most dunning. I've been in a position during 2008 depression having to choose between food, gas for car, place to stay for the night OR pay cc bill. I had to make a tough decision because of my hardship. But do they care? NO.

In good faith I would be looking to settle with anywhere from 20%-50% just to never have to hear from them again.

Midland bought ~10000 of my debts (for pennies on the dollar on a volume robo signed affidavit from bofa, my name/account was not even on the bill of sale)

NCO ~4600 (I will offer them a lump sum of 25-35% to settle in full this monday)

btw...i learned how to negotiate these settlements on this forum thanks!

i have more info about the Complaint if needed, basically it's a presumptuous breach of contract that i'm fighting as hearsay grounds. I included several other affirmative defenses as well (unjust enrichment, financial hardship, lack of privity, satisfaction and accord, injury to self, statute of frauds)

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