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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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Hi, 

 

First, let me say that you may not like my responses.  These are, however, my opinions.

The reasons to dispute a debt would generally be:

1--you do not owe any debt, as in, you never heard of the debt or the supposed original creditor before.

2--you do not agree with the amount they claim you owe.

3--you already paid the debt in full or paid an agreed settlement amount in full.

4--you need to verify that a debt collector has a legitimate legal right to collect on a debt that you know is yours.

 

As a general rule, i believe that if we owe a debt, we should pay it.  That being said, i NEVER advocate just paying it to any JDB that comes along claiming that they own it.  If I were in your position, I would send Midland a certified DV request.  Keep it simple, just identify the account as they did in their letter to you and tell them that you dispute the debt and request validation be sent to you.  This is usually not enough to make Midland go away, as they are famous for ignoring DV requests and continuing to try to collect anyways.  But if they do that, there are things you can do to make them pay you for their mistakes.  

It's not enough to "fight them" just because Midland has done a lot of shady things.  It's enough in my book to make me question the things they are doing, but you need to remember that just because they did something wrong in other places, that does not mean that they always make those same mistakes with every account.

About Fingerhut, it's not going to be enough to get it pulled off your reports just because their debt collector is being sued.  Debt collectors are sued every day.  Unless you can identify specific errors with this specific account, a dispute like that would go nowhere.

 

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If I recall correctly, Amazon uses webbank for their cards.  Both Webbank and Fingerhut (who might also be webbank) have a good arbitration clause in their agreements.  This is in your favor.

What state are you in?

The first thing I do when I get the first collection letter from someone like Midland is to respond within 30 days stating that I dispute the alleged debt.

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Another reason to request validation is to see what information or documentation a  debt collector has in its possession to verify a debt.    While validation is not difficult, it requires more than the debt collector simply stating the name of the original creditor and the amount owed.

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14 hours ago, BV80 said:

Another reason to request validation is to see what information or documentation a  debt collector has in its possession to verify a debt.    While validation is not difficult, it requires more than the debt collector simply stating the name of the original creditor and the amount owed.

To add to this, I liken it to being a hoop that the collector must jump through before they can continue on with their regular collection activities.  Anytime the law gives you the right to place a hoop or hurdle in front of them, I use it no matter how low the hurdle or how large the hoop, because you never know when they might just stumble from it.

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23 hours ago, BV80 said:

Another reason to request validation is to see what information or documentation a  debt collector has in its possession to verify a debt.    While validation is not difficult, it requires more than the debt collector simply stating the name of the original creditor and the amount owed.

I would check my state's  statute as well.  Under Michigan consumer law MCL 339.918:

"Verification of the debt or any disputed portion of the debt shall include the number and amount of previously made payments and the name and address of the original creditor, if different from the current creditor, or a copy of the judgment against the debtor."

 

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