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Advice for dealing with Midland


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Hello and thank you in advance for your advice! I owed Midland $180.05 and put it on the back burner...anyway I get another letter in August giving me three options to take care of this debt..I took the first option which was 40% of the debt and if received by 9/16/2016 my account would be marked Paid in full for less than full balance. I sent a cashiers check for $72.02 (cashed) and also received another letter saying they received my payment on 9/16/2016 and thanking me for it..yet telling me that the option had expired and they just dinged my credit report for the balance of $108.03 saying I still owed them....I have copies of everything....so even though I took the first option I still owe the rest? Should I even consider small claims court with them? Thank you!

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<SARCASM>A debt collector not honoring their contract in writing? Color me shocked!</SARCASM>

First thing I would do is send Midland a letter stating that based on your records and the letters you have been sent, you consider the debt paid in full and that you refuse to pay on the debt again. That will act as a cease and desist letter and either force them into court or to try to sell the debt on (which again for each collector after that, you simply refuse to pay). I doubt they will try court for such a little debt but you never know.

The second thing I would do is dispute the tradeline on your credit report and explain the issue and that you consider the debt paid in full. They will probably come back as verified but you can they ask the CRA how it was verified and probably get the tradeline removed if you push hard enough.

The third thing I would do is send a complaint to the CFPB. Midland already has so many consent orders against them that I am shocked they would try to do something like this. Then again, it is Midland. See how fast they act when the CFPB gets involved.

Make sure to save the receipt is the original letter with the offer. Truth is, most courts will accept when you mailed the offer (should have sent it CMRRR), not when the check arrived so you are safe on that. Should Midland decide to go to court, you have the affirmative defense of accord and satisfaction and your payment stub and their letter is proof of that.

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