keepingitsimple

CA Resident - Midland Credit Management - PRE LEGAL NOTIFCATION

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@millyann ok, I'll go ahead and call them and ask them to validate the debt and ask for the history and last payment made.

Hopefully they'll give me some info over the phone, if not, I'll ask them to mail it to me. I'll keep everyone posted. I guess no matter what they say, I am going to order the previous statements from my bank, because I honestly dont believe I've paid on this account since 2014 or revived the SOL in any way.

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1 minute ago, keepingitsimple said:

@millyann ok, I'll go ahead and call them and ask them to validate the debt and ask for the history and last payment made

I would try to get them to give that info in writing if you can. Load your gun with their ammunition.

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4 minutes ago, millyann said:

I would try to get them to give that info in writing if you can. Load your gun with their ammunition.

@millyann ok I absolutely will. Is there anything I shouldn't say? I know I shouldn't acknowledge that its my debt, or agree to any sort of payment plans, but is there anything else I shouldn't say?

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37 minutes ago, keepingitsimple said:

@millyann ok, I'll go ahead and call them and ask them to validate the debt and ask for the history and last payment made.

Hopefully they'll give me some info over the phone, if not, I'll ask them to mail it to me. I'll keep everyone posted. I guess no matter what they say, I am going to order the previous statements from my bank, because I honestly dont believe I've paid on this account since 2014 or revived the SOL in any way.

The “for your reference” notice on the letter is based upon CA law.  Your request should be in writing. 

CA Civil Code 1788.52(c)

(c) A debt buyer shall provide the information or documents identified in subdivisions (a) and (b) to the debtor without charge within 15 calendar days of receipt of a debtor’s written request for information regarding the debt or proof of the debt. 

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article=

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@millyann @BV80 and all,

I just called midland and spent 20 minutes talking to them. made sure I didn't acknowledge any debt and mentioned that I am not agreeing to anything. Everything was recorded.

I asked them when a payment was last made on that card, and they said last September, which I know is a lie because my bank records go back to last September, and there is no payment for $50. I'm going to pay to retrieve my records for the last 4 years.

However, I requested a DV and the guy told me that the pre-legal notification is my DV. Then he said that all the payments and information can be found on their website. I go to their site and enter my info and it says I need to agree to their terms, which then I didn't go forward with because I need to make sure it doesn't have some shady term in there.

I then told him that the pre legal notification states that I have within 30 days to send a written request for all the history and so on. He then says that a DV was sent to me in 2017 of September, and that they cannot send me another one. I then questioned him and said I dont remember receiving one, and even if they did send it, I'm asking them to send me another one so that I have a DV.

He responds and says that he cant. I then asked him clearly "are you saying that despite this pre legal letter stating I have 30 days to request, midland will not send me another debt validation whether I request it over the phone or written, because you're saying that one was sent to me in 2017?" He said yes, thats correct.

So, now I'm back at square 1. Should I try logging into their site? What does everyone think?

 

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Send them a written request per the CA statute. Do it the old fashioned way via USPS return receipt. (Green Card)

Document, document, document...

Their letter says they will send you a payment history. Ask for it. Then verify against your bank records.

The letter saying one thing and the phone drone saying something different may be construed as false and deceptive means to collect a debt.

You need to get very organized and once again document document document..

 

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I had a slightly similar issue but with a different company.  But I used the Consumer Financial Protection Bureau web site (https://www.consumerfinance.gov/complaint/) and lodged a complaint.  I received a written response in 15 days that also included debt validation (companies are strongly encouraged by the CFPB to respond to complaints within the 15 days.

So, if I were you, I would file a complaint against Midland via the CFPB, and tell them that you received their pre-legal letter but did not recognize the debt.  I would include that you tried their call center within the 30 days outlined in their letter and they refused to provide the information that was promised in the pre-legal letter.

The nice thing about the CFPB is that you are taking your written dispute to Midland, but it's like the government is looking over your shoulder and making sure that Midland is behaving.   If you ever have to go to court, the fact that you documented your issue with the CFPB and received a written response from Midland, might be helpful.  Just be careful in what you write in your complaint -- while you can use Midland's response against them, they can use what you write against you, too.  

I would be vague about the debt and focus more on Midland's communication.  Something like you were confused by their letter, tried their call center (include date/time and other details of the call) to get the information promised in their letter, and was met with stonewalling.  I would also upload their letter (it doesn't have to be redacted as it will not be made public) as part of your complaint.

Hope this helps!  Good luck.

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6 hours ago, millyann said:

Send them a written request per the CA statute. Do it the old fashioned way via USPS return receipt. (Green Card)

Document, document, document...

Their letter says they will send you a payment history. Ask for it. Then verify against your bank records.

The letter saying one thing and the phone drone saying something different may be construed as false and deceptive means to collect a debt.

You need to get very organized and once again document document document..

 

@millyann I finished writing the letter for the DV. 

Should I include a cease and desist as well, or not saying anything like that, and keep it very generic and simple?

I believe their employee just violated the FDCPA, so should I say anything regarding that, or just stick to the DV for now?

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5 hours ago, SophieB said:

I had a slightly similar issue but with a different company.  But I used the Consumer Financial Protection Bureau web site (https://www.consumerfinance.gov/complaint/) and lodged a complaint.  I received a written response in 15 days that also included debt validation (companies are strongly encouraged by the CFPB to respond to complaints within the 15 days.

So, if I were you, I would file a complaint against Midland via the CFPB, and tell them that you received their pre-legal letter but did not recognize the debt.  I would include that you tried their call center within the 30 days outlined in their letter and they refused to provide the information that was promised in the pre-legal letter.

The nice thing about the CFPB is that you are taking your written dispute to Midland, but it's like the government is looking over your shoulder and making sure that Midland is behaving.   If you ever have to go to court, the fact that you documented your issue with the CFPB and received a written response from Midland, might be helpful.  Just be careful in what you write in your complaint -- while you can use Midland's response against them, they can use what you write against you, too.  

I would be vague about the debt and focus more on Midland's communication.  Something like you were confused by their letter, tried their call center (include date/time and other details of the call) to get the information promised in their letter, and was met with stonewalling.  I would also upload their letter (it doesn't have to be redacted as it will not be made public) as part of your complaint.

Hope this helps!  Good luck.

@SophieB thank you for this info. I will definitely look into doing this. I'm going to hold off and send DV and if it gets no response, file the complaint. I dont want to do everything at once, and kind of have no options left later.

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5 minutes ago, keepingitsimple said:

@millyann I finished writing the letter for the DV. 

Should I include a cease and desist as well, or not saying anything like that, and keep it very generic and simple?

I believe their employee just violated the FDCPA, so should I say anything regarding that, or just stick to the DV for now?

 Just stick to the DV. If you believe the FDCPA has been violated, contact a consumer attorney. 

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6 minutes ago, BV80 said:

 Just stick to the DV. If you believe the FDCPA has been violated, contact a consumer attorney. 

@BV80 ok, I'll make the changes and send it tomorrow.

If they're telling me over the phone, that they will not send me a debt validation even from a written request, does that violate anything in the FDCPA? What if I can show that the payment they're saying I made in September didn't really happen? Obviously, it being past SOL is a solid one, but do those other two mean anything? 

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7 minutes ago, keepingitsimple said:

@BV80 ok, I'll make the changes and send it tomorrow.

If they're telling me over the phone, that they will not send me a debt validation even from a written request, does that violate anything in the FDCPA? What if I can show that the payment they're saying I made in September didn't really happen? Obviously, it being past SOL is a solid one, but do those other two mean anything? 

 It could definitely violate California law. Violation of California law might also be a violation of the FDCPA. A consumer attorney could give you that information. 

 If you can show you did not make a payment in September, you might have another violation of the FDCPA. But note that an award for violations of the FDCPA is not based on each violation. No matter how many times they violate the Act, thr statutory damages are awarded “per action” (lawsuit), not per violation. 

 The California law may offer a separate award for damages. 

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8 minutes ago, keepingitsimple said:

@BV80 ok, I'll make the changes and send it tomorrow.

If they're telling me over the phone, that they will not send me a debt validation even from a written request, does that violate anything in the FDCPA? What if I can show that the payment they're saying I made in September didn't really happen? Obviously, it being past SOL is a solid one, but do those other two mean anything? 

Right now you are collecting facts. You do not want to say anything to them at this point.

Never ever let on you have any knowledge of the FDCPA to a collection agency until you have them dead to rights.

You getting conflicting information from their phone rep and letter received from them is IMHO a violation of FDCPA,

but you need the info to determine SOL. If the debt is SOL and the confusion between the rep and the letter it would be two

FDCPA violations, which equals quicker resolution. 

I would not do a CFPB complaint at this time. Do the DV and see what you get back. Use the CFPB complaint as leverage later.

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8 minutes ago, millyann said:

Right now you are collecting facts. You do not want to say anything to them at this point.

Never ever let on you have any knowledge of the FDCPA to a collection agency until you have them dead to rights.

You getting conflicting information from their phone rep and letter received from them is IMHO a violation of FDCPA,

but you need the info to determine SOL. If the debt is SOL and the confusion between the rep and the letter it would be two

FDCPA violations, which equals quicker resolution. 

I would not do a CFPB complaint at this time. Do the DV and see what you get back. Use the CFPB complaint as leverage later.

@millyann Thats exactly what I'll do, and I 100% agree with you. Thank you for all the help and notes. Same to you @BV80, thank you for all the help and notes. I'll send this letter over tomorrow, and once I hear back from them, or if something new pops up prior, I'll come and post on here again. Thank you again!

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On 7/18/2018 at 5:44 PM, keepingitsimple said:

@millyann Thats exactly what I'll do, and I 100% agree with you. Thank you for all the help and notes. Same to you @BV80, thank you for all the help and notes. I'll send this letter over tomorrow, and once I hear back from them, or if something new pops up prior, I'll come and post on here again. Thank you again!

hey everyone.... so @millyann and @BV80 I finally got a response from MCM. They didn't really send me all of the information I requested, but they sent me a more detailed "back-side" which said I made my last payment to Citi bank in September of 2016. I looked at my bank statements and saw that is correct. Unfortunately, I wouldnt fall under SOL. They also sent me a copy of a letter Citi bank sent me, which Citi bank says how much I owe and that it is being transferred to MCM.

On the phone, the person definitely gave me incorrect information, saying I paid last year, and that they will not send me a DV, and that I wasnt entitled to it, regardless of a written request. 

So now I'm wondering what my options are. SOL cant be applied in my situation since its only been 2 years. I'm not sure the incorrect information they gave me on the phone is enough to get anything dismissed. What do you think I should do next? Any options?

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34 minutes ago, keepingitsimple said:

On the phone, the person definitely gave me incorrect information, saying I paid last year, and that they will not send me a DV, and that I wasnt entitled to it, regardless of a written request.

California is a 2 party state when it comes to recording a phone call.  Did you have the CSR's permission to record and did you record the call?  If not, then you have no leverage because it simply becomes your word against theirs.  

 

35 minutes ago, keepingitsimple said:

What do you think I should do next? Any options?

Arbitration generally sends Midland packing.  If they sue motion to compel it.

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15 hours ago, Clydesmom said:

California is a 2 party state when it comes to recording a phone call.  Did you have the CSR's permission to record and did you record the call?  If not, then you have no leverage because it simply becomes your word against theirs.  

 

Arbitration generally sends Midland packing.  If they sue motion to compel it.

@Clydesmom yes, I told the person I was talking to that the call was being recorded. I say that on the recording loud and clear. I think midway through our conversation, he probably forgot, which is why he was giving me false facts.

So if Midland actually sends me something saying their taking me to court, I should file a motion to compel? Is there anything I shouldn't/should do while waiting? 

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On 8/6/2018 at 8:10 PM, keepingitsimple said:

hey everyone.... so @millyann and @BV80 I finally got a response from MCM. They didn't really send me all of the information I requested, but they sent me a more detailed "back-side" which said I made my last payment to Citi bank in September of 2016. I looked at my bank statements and saw that is correct. Unfortunately, I wouldnt fall under SOL. They also sent me a copy of a letter Citi bank sent me, which Citi bank says how much I owe and that it is being transferred to MCM.

On the phone, the person definitely gave me incorrect information, saying I paid last year, and that they will not send me a DV, and that I wasnt entitled to it, regardless of a written request. 

So now I'm wondering what my options are. SOL cant be applied in my situation since its only been 2 years. I'm not sure the incorrect information they gave me on the phone is enough to get anything dismissed. What do you think I should do next? Any options?

What information did you ask them to provide?

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1 hour ago, BV80 said:

What information did you ask them to provide?

@BV80

I asked for these: 

A Debt Validation, all transactional history, all account statements, list of all prior owners and all transfer history, documentation evidencing the transfer of this account ownership to MCM, account statements and/or complete transactional history reflecting purchase, payment, or other actual use of the account or a signed document reflecting the opening of the account at issue, terms and conditions applicable to the account, and all other information related to the account.

The only thing they sent me was the evidence of Citi transferring the debt to MCM. Other than that, they sent me what looks like the typical monthly letter they would send me, with the back having information like last payment sent, when it first default, and so on.

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10 hours ago, keepingitsimple said:

@BV80

I asked for these: 

A Debt Validation, all transactional history, all account statements, list of all prior owners and all transfer history, documentation evidencing the transfer of this account ownership to MCM, account statements and/or complete transactional history reflecting purchase, payment, or other actual use of the account or a signed document reflecting the opening of the account at issue, terms and conditions applicable to the account, and all other information related to the account.

The only thing they sent me was the evidence of Citi transferring the debt to MCM. Other than that, they sent me what looks like the typical monthly letter they would send me, with the back having information like last payment sent, when it first default, and so on.

What you requested was based upon the California Fair Debt Buying Practices.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article=

Read the statute carefully.  If they didn't follow it, contact a consumer attorney.

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7 hours ago, BV80 said:

What you requested was based upon the California Fair Debt Buying Practices.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article=

Read the statute carefully.  If they didn't follow it, contact a consumer attorney.

@BV80 so I read through that and they definitely haven't done all of the requirements, especially within the 15 days after my request. I never received any documents pertaining to:

 

(6) The names and addresses of all persons or entities that purchased the debt after charge off, including the debt buyer making the written statement. The names and addresses shall be in sufficient form so as to reasonably identify each such purchaser.

(b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor’s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement.

I also didn't get any notification that this is time barred, and that I cant be sured after the SOL.

The only thing I have from them is the pre-trial letter, and I've attached the most recent things they've sent me.

Doc - Aug 8 2018 - 3-53 PM.jpg

Doc - Aug 8 2018 - 3-52 PM.jpg

Doc - Aug 8 2018 - 3-51 PM.jpg

Doc - Aug 8 2018 - 3-50 PM.jpg

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Unless I missed an update. The letter says last payment was 9/2016. Did you say that wasn’t true? If it is true definitely not past SOL. if an account is not past SOL they don’t need a disclosure stating they can’t sue you etc. mcms dunning letters typically have all the names and addresses of the current and previous creditor. 

 

You State they didn’t comply with 6. Or (b) but to me it appears they did.  Either way I agree with above. Contact an attorney for free consult. 

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@BV80

Hi, so I just got a letter in the mail from a law firm telling me I'm being sued by midland and that they'd like to represent me.

Their firms name is Hyde & Swigart. 

I haven't been served though. How does this process work? Online, it shows Midland filed something on December 10th. I still haven't officially been served, or contacted by them.

Whats the best way to proceed, and can they legally go to trial, without serving me?

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2 minutes ago, keepingitsimple said:

@BV80

Hi, so I just got a letter in the mail from a law firm telling me I'm being sued by midland and that they'd like to represent me.

Their firms name is Hyde & Swigart. 

I haven't been served though. How does this process work? Online, it shows Midland filed something on December 10th. I still haven't officially been served, or contacted by them.

Whats the best way to proceed, and can they legally go to trial, without serving me?

Hi!

CA rules are a bit different, so let’s notify some CA members.

@RyanEX

@sadinca

Who is the original creditor?

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