TexanNCali

Received a phone call from Midland Credit Management

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This morning I received a phone call from Midland Credit Management regarding a debt from T Mobile. I also noticed a collection from MCM on my CR a few months ago. I have no knowledge of the debt but wanted to wait until the SOL is up this summer before disputing or taking any action. I have a few other negatives that I've been working on first. I have been reading this forum and realize that MCM is sue happy but also a violator. My question is how do I handle this?

 

Since they just contacted me via phone, for the first time, are they required to respond if I DV them? I did not admit the debt was mine and instructed the collector to stop calling and to send any further correspondence through the mail. They are calling my business, cell phone. I have not received a debt validation letter from this company. The collector said she would send one but I don’t think they have my correct address. I refused to supply them with any information. I live in CA but used to live in TX. I will continue to read through this forum to see if I can come up with the best solution. However, I wanted to ask for advice while I continue to research.

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How do you know when the SOL is up?  Was it from the date on the CR or did MCM tell you over the phone.

 

They are require to send you a dunning letter within five days with the statement that you can send them a DV within 30 days.

 

Send all communication to them that may trigger any legal obligations or rights, or which dates are important, via CMRRR.  If in doubt, send via CMRRR.

 

Wait for 5 days past the first phone call to see if they send the first communication letter before sending a DV.  That way you know if they have committed their first violation.

 

When sending a DV, keep it short and use CMRRR.  Do not add in any refusal to pay or cease communication, or C&D in the DV letter  If the letter comes back refused, DO NO OPEN IT (you already know what is inside ... let the judge open it).  If you want to C&D them, do it a few days later.  A C&D may encourage them to sue.

 

Dispute the CR item through the CRAs.  Dispute it as "not mine, never did business with T-Mobile" (or whatever is applicable).

 

Send a separate dispute lettter (not part of the DV, and before any C&D) stating simply that the debt is not your, and why (such as "never did business with T-Mobile").  They must report a dispute status on any new information they furnish to the CRAs.

 

Hole the C&D off for a while so you can get responses from them to get an idea what they might be doing.

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I know SOL is up in Aug because that's when I switched carriers. I was under the impression the final bill was paid, in full, to T mobile. However, it’s almost been 2 years so I doubt if I have any receipts. The number was ported to a new carrier and I was required to pay the bill in full before this could occur. I am going through my files with my fingers crossed.

 

MCM did not mention SOL. I hear you on waiting 5 days before DV'ing them. However, I do not think they have my current address; although, they did get a hold of my new number that I use for business. My current address is on my CR. If they mail anything to the address they tried to get me to verify, it’s going to be returned or I won't receive it. Is this still a violation since they are not using the current address listed on my CR? Should I go ahead and dispute with CRA's now or wait to see if they send me anything in the mail? I will send everything CMRRR. Thanks for all your help.

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If this is a business account, I believe they are handled differently than a personal account. Also find my thread on here about the equipment needed in your arsenal to fight the JDB. It tells what you need in a tape recorder and ear plug for cell phones. Record all conversations and voice mails. Also, take pix of your caller ID for proof of calls etc.

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It’s not setup as a business account with my carrier. I just use it for business…voicemail is setup with business name, DBA, and any other legal forms that require phone number I’ve used this number, website contains this number, etc. Not sure if this matters. I will definitely checkout your post. Thanks.

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I thought SOL for cell phones was 2 years? Federal law?

 

Some early court decisions have said that was so, based on the technical language of a telephone tariff. But in 2011 the 5th Cir Crt of App. said normal law state governs the collection of cell phone bills, and there is no fed. 2 yr SOL.

 

http://scholar.google.com/scholar_case?case=17232337418788038264&hl=en&as_sdt=203

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I would write a letter to MCM saying "This account was paid in full.  Paid in full is required for number transfer.  Number was transferred, so we know the account was paid in full.  Either T-Mobile sent you the wrong account, or did not update the account, or your computers are in error.  If your computers are not in error, then your issue is with T-Mobile for selling you an account that was paid in full.  You need to start by getting the complete media file from T-Mobile and having a look at that."

 

MCM probably doesn't know what a media file looks like, or maybe hasn't even heard of such a thing.

 

But that's just me.  I like to play around with these people.  You might want to tell them to STFU (e.g. C&D).

 

People need to learn to keep receipts for at least the longer of 7.5 year and their state SOL.  I recommend keeping them forever (or at least until a year after they pass away).

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I will see what I can find out from T-Mobile and continue checking my files. Thanks for the advice.

 

After quickly, googling "media file" I don't see any way to go about obtaining this info. I suppose I just send a letter to T Mobile requesting this information?

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"Media file" is what is supposed to either be include with, or available in regard to, a debt account.  It is available from the seller to the buyer.  In my statement, all that was quoted was what you tell MCM to do.  You don't get the "media file" yourself.  You tell MCM to get it for themselves.  Then it it doesn't describe that you paid in full, you tell them to challenge the accuracy with T-Mobile ... because the fact that their procedures disallow a number transfer unless paid in full, that the transfer was done is proof that it was paid.

 

There is a lot of news going about lately how banks are selling inaccurate debt they cannot vouch for.  Do you think telephone carriers are any more competent?

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