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TexanNCali

Help! T-Mobile Refund but MCM owns collection?

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First of all, I would like to say THANK YOU. This forum and its members have been so helpful. To anyone that has just started their road to credit repair, do not give up. The road may be long but it is certainly worth it. All good things take time. If I can do it, so can you.

 

I have an old T-Mobile account that was sent to MF. I found this collection while viewing my CR. I disputed the collection, asked for DV, and contacted the CA Attorney General as I believed MF to be in violation of several FCRA’s. The collection was removed from all 3 of my CR’s. I haven’t checked my CR’s lately but I assume the collection has not been reinserted.

 

I have not received a letter from any CRA stating that the removed collection has been reinserted. I have heard that MF may use another name, MCM, to place the collection back on my CR. Approximately once a month, I receive a settlement offer from MCM regarding this collection. Notice the name change? The collection is about 1 year from reaching the SOL.

 

Unfortunately, I do not know if or what I may have owed T-Mobile when the account was sent to collections. Unbeknownst to me, a family member used my social to open the account and claims all was paid. Of course, I have no proof of this. About 7 months ago, I reached out to T-Mobile to find out any information regarding this account. A T-Mobile rep gave me the balance but was unable to itemize or see charges. I was told that all information was sold to MF.

 

Recently, I was contacted by T-Mobile and offered a refund for premium service text message overcharges. I was given the option to accept a $40 flat fee or request an account summary. I requested the account summary. After a few weeks, T-Mobile sent an account summary covering the premium text messages. According to the summary, T-Mobile owes me a $200 refund. Wasn’t all my info sold?

 

MCM is still trying to collect the original balance that is obviously wrong per the account summary I just received. The last bogus premium charge was applied a few months before the account was closed. However, I do not have a complete account summary. I suspected, if I owed T-Mobile anything, the amount claimed was wrong. I will check all 3 of my CR’s as soon as possible. I would like to purchase a home in a few years and I think MF/MCM will certainly pop back up during this process. Any advice or suggestion is appreciated. Thanks! I have not accepted the $200 refund and have until June 2015 to do so.

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OK, lets get this straight:

1) Midland Funding/MCM (they are one and the same) put a tradeline on your credit report. Upon complaint to the CRAs and the CA Attorney General, they removed the tradeline and offered a settlement to not take the case to court for a FCRA violation.

2) You were a victim of ID theft and the person who stole your ID is willing to admit it?

3) There was a class action against T-Mobile where you were entitled to a refund and you requested an account summary where they claim to owe you $200 and the summary amount does not agree with Midland Funding's amount.

Here are the steps:

1) If you have not agreed yet to MCM's settlement for the FCRA, offer a request for a lower amount on condition that the account cannot be sold by them to anyone else and that they are liable if the account is sold. That will keep the account with MCM forever at this point.

2) If Midland Funding refuses to do the above, send a cease and desist letter to them to stop collecting. At this point, you might want to force the issue into court.

3) Warn your friend that if this does go to court, you are going to have to file a police report about the ID theft identifying him as the thief unless he is willing to clear this up himself.

4) I would take the refund but put that money aside until all this is cleared up. Do whatever it takes to keep yourself from spending the money.

5) If the account is sold off, a tradeline might get back onto your report. Repeat what you did for Midland Funding and be ready to go to court to exercise your rights under the FCRA.

6) If this goes to court, demand the bill of sale and show what you have from T-Mobile that suggests that the amount they are requesting is incorrect. Use the $200 settlement to do an offer to stop this if you can.

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1) I wouldn't consider what I've received from MCM a "settlement" in court terms. In fact, the Attorney General sent me MCM's response to my complaint. They claimed, they hadn't done anything wrong. Although, the TL was removed from my CR's. It's been awhile but I will have to go back thru my documentation. MCM never sent me a dunning letter. If they did, they sent it to my old address despite pulling my CR with my new address. I started monitoring my CR right as all this was happening. I have dates of the inquiries. They also harassed me despite being told to contact me via mail and listed the TL on my CR in various, incorrect ways before it was removed. They didn't know I was watching them.

 

I've received several letters from MCM offering to accept about half of the amount allegedly owed. I believe this is just an attempt to reset the SOL.

 

2) Despite being a victim of identity theft, the person that committed the crime will not admit any wrong doing.

 

3) Correct. However, I do not have my entire account summary. The account summary I have just covers certain text messages. I question the final balance since T-Mobile has been accused of overcharging for other things such as: insurance phone replacements, early terminations, and holding number fees.

 

I have not agreed to anything. I've only requested DV from MCM. There's no settlement from the FCRA's. I never planned to sue MCM. I kept documentation in case they sued me. Then, I would countersue or attempt a settlement.

 

With the SOL about to expire, I didn't want to poke the bear. But then I was contacted by T-Mobile and saw an opportunity to get a little more information regarding this account. It's a messed up situation. T-Mobile overcharged me. My family member claims the final bill was paid but doesn't have proof. Throw in charges that shouldn't have been included late and possible early termination fees. It almost seems that T-Mobile should also be sued. They sold a TL to MCM with the wrong balance. Refunds are great for current customers. It's a little different when the accounts been sold. Cell phone bills are crazy. What does $200 in text messages balloon to when the account is closed due to non-payment?

 

Thanks for your advice. I do have to act. The SOL is about to expire but it still can be reported to the CRA's.

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