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MCM pre legal notice


513lette
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Ive tried my best to understand a previous thread I found, but i got so confused.

I have an old CC from Amazon that I got back in 2014, I made timley payments on it untill I lost my job and had to make the decision to keep my CC's or my Car- I chose the Car, anyways. I recieved a pre-legal notice yesterday in the mail- typical contact us by X date and send in X amounbt of money and set up a payment plan, if not they "may" send me to an attorney blah blah blah. As much as i just want to set up a plan and get this over with, I have read so much crap about MCM and their crappy tactics, it makes me want to fight it.

I pulled my CR and it says that the account is closed and was charged off (which i know means that I am still responsible for the debt, that the original creditor has said the debt to be a loss) on my CR it doesnt say the name of the creditor (MCM) , just has a phone number and address.

Can some one explain to me, in easy terms on what I should do. There no way I could afford a hundred dollar payment a month for these jokers, Im struggling as it is paying my normal bills, and I know they dont care.

 

I also have another card from fingerhut that I stopped paying on because I got a notice in the mail that the company handling their collections is being sued. is that grouds to get that taken off my report?

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  • 2 months later...
On 5/22/2016 at 1:31 PM, 513lette said:I also have another card from fingerhut that I stopped paying on because I got a notice in the mail that the company handling their collections is being sued. is that grouds to get that taken off my report?

 

On this account, if you have been paying them (asuming they are the collection agency) you are better of to continue to pay them off as you have restarted the SOL and they are very likely to sue if payment is stopped.

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On 5/22/2016 at 10:31 AM, 513lette said:

Can some one explain to me, in easy terms on what I should do.

Allegedly Midland will take into consideration an inability to pay.  You are in OH which has one of the longest SOLs for lawsuit in the country and an even longer one if they get a judgment.  I would send Midland a letter CMRR stating that you refuse to pay due to living at or below the poverty level.  They may just cease collections.  The refusal to pay could also lead to violations of the FDCPA giving you a nice counter claim if they do sue you.  In the meantime study up on how to file a motion to compel arbitration if they do sue you.  It typically gets the issue out of court and sends Midland packing.

On 5/22/2016 at 10:31 AM, 513lette said:

I also have another card from fingerhut that I stopped paying on because I got a notice in the mail that the company handling their collections is being sued. is that grouds to get that taken off my report?

No.

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MCM is usually true to their word when you receive a pre-lit notice like you have.  

Your first step is to send them a validation request which you can find a template on this forum very easily.   

I can guarantee their response will be a letter requesting your assistance in validating the debt but since it's not your job, you can ignore and sleep well as MCM never validates nor do they attempt to do so and later sue you. 

If you ignore the matter, chances are being served and paying 50-80% plus court costs attorney fees etc.

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6 hours ago, inegoti8 said:

Your first step is to send them a validation request which you can find a template on this forum very easily.   

Assuming the letter received by the poster was the initial communication, the post is dated May 22, so the 30-day validation period has passed.

6 hours ago, inegoti8 said:

I can guarantee their response will be a letter requesting your assistance in validating the debt but since it's not your job, you can ignore and sleep well as MCM never validates nor do they attempt to do so and later sue you. 

If you ignore the matter, chances are being served and paying 50-80% plus court costs attorney fees etc.

Unless you're privy to every debt Midland attempts to collect, it's not wise to advise that Midland never validates or sues after receiving a validation request.

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You may request validation at any time.  In the last 15 years, I've never had a CA or JDB pull the 30 day window card which would be absurd considering they have no way of proving when the debtor became aware of the debt. 

In the last 15 years, MCM has followed the same protocol once a debt validation request is noted to an account prior to the debt hitting their litigation department.  This has been my experience on at least 2-3000 accounts.  Sure, different portfolios have different collection guidelines but share the same when it comes to validation. This isn't just MCM either, it's the entire industry of JDB's that handle DV in this manner.  

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16 hours ago, inegoti8 said:

You may request validation at any time.  In the last 15 years, I've never had a CA or JDB pull the 30 day window card which would be absurd considering they have no way of proving when the debtor became aware of the debt. 

In the last 15 years, MCM has followed the same protocol once a debt validation request is noted to an account prior to the debt hitting their litigation department.  This has been my experience on at least 2-3000 accounts.  Sure, different portfolios have different collection guidelines but share the same when it comes to validation. This isn't just MCM either, it's the entire industry of JDB's that handle DV in this manner.  

One can request validation at any time, but unless the request is sent within the 30 day window after receiving the letter that contains the 30-day notice, the debt collector doesn't have to respond and can continue collection efforts.   It's not absurd especially when, as in this case, the consumer has not received a letter.

If you're referring to requesting validation for an entry found on a credit report, then of course a debt collector would not use pull the 30 day window card because an entry on a credit report is not considered an initial communication.

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