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what are the odds-midland suing close to SOL?


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MIDLAND just sent me my letter stating they bought my debt and gave me until 11/15 to validate or they will proceed with litigation. My SOL(texas) goes out in june. Of course i plan on stretching out my dv until then, (.. unless i can ignore this given date.) and hope for the best. Any past peeps deal with Midland?

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You MUST respond with a simple DV, do it about a week before your 30 days are up and make sure you send it CMRR. Odds depending on what you owe them are very slim. The more you owe the more chance of getting sued. Before I left TX, I owed TWO debts totaling just over $70K, I was never sued, but threatened many times. Just DV then sit back without making anymore noise, keep all letter, open them and see what they are saying. NEVER bury your head in the sand. Keep ALL letters from them and stay OFF the phone with them.

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MIDLAND just sent me my letter stating they bought my debt and gave me until 11/15 to validate or they will proceed with litigation. My SOL(texas) goes out in june. Of course i plan on stretching out my dv until then, (.. unless i can ignore this given date.) and hope for the best. Any past peeps deal with Midland?

 

Lets clarify one thing:  did they give YOU until 11/15 to validate to them you don't owe the debt or to DISPUTE the debt with them?  The reason is the first option is likely a FDCPA violation.  The consumer is NOT required to prove they don't owe the debt (until sued) but Midland IS required to prove you do owe them.

 

One threat that may work with them is Midland recently settled with the CFPB over robo-affidavits and not having proof of the debts they were attempting to collect and sue on.  As part of the settlement they agreed to stop collecting, and suing on certain accounts as well as vacating judgments they already got.  

 

I would send them a DV letter demanding they prove that the account they are alleging to be collecting on they legally can, is yours, and is NOT part of their settlement with the CFPB.  That may be enough to scare them to back down until June when that SOL passes.

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This is what it says...

 

"NOTICE OF NEW OWNERSHIP AND PRE-LEGAL REVIEW

 

on 9-15-2015 your citibank acct was sold to MIDLAND FUNDING LLC which is now the sole owner of this debt. Midland credit Management will be collecting on this debt.

 

MCM is considering forwarding this acct to an attourney in your state for possible litigation. However,such forwarding will not occur until after the expiration of the validation period described on the back ofthis letter. Upon reciept of this notice, please call...####.

 

If we dont hear from you or recieve payment by 11/15 we may proceed with forwarding this acct to an attorney. "

 

and then they list all the normal payment plan info and debt collector jargon. they did add a statement from MCM stating the original acct # and what they say I owe along with the original acct being citibank.

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I would send a short and simple DV letter just before the 30 days from the day you received their letter which just simply says that you dispute the alleged debt.  I woud also include what @Clydesmom suggested by asking them, in adition to providing validation, to show that this accout is not part of the CPFB settlement and that they are legally allowed to collect on it.

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I would send a short and simple DV letter just before the 30 days from the day you received their letter which just simply says that you dispute the alleged debt.  I woud also include what @Clydesmom suggested by asking them, in adition to providing validation, to show that this accout is not part of the CPFB settlement and that they are legally allowed to collect on it.

 

Based on the date of sale, I think that this account was purchased after the settlement and thus wouldn't be covered by it.

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Based on the date of sale, I think that this account was purchased after the settlement and thus wouldn't be covered by it.

 

Perhaps but with a small debt and a savvy consumer the challenge may be enough to get them to back down realizing they are not the easy low hanging fruit.

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