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Bashful-Nashville

Midland Credit suggested suicide...

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I am not that familiar with TN courts.  I have relatives in TN, and I think there has been at least one relative in the TN Bar for about 100 years or so.  Relatives have been involved in some of the most famous cases in TN  My family has been in what is now called Tennessee for longer than anyone can calculate.  
 

Tennessee is a rather conservative place.  This is not like the Bronx, where juries hand out large verdicts.  That is a large part of why I was skeptical of a six figure settlement.  
 

The OP has already scheduled a talk with a real member of the TN Bar.  The attorney’s opinion is probably more accurate than what any of us can predict.  

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21 hours ago, Clydesmom said:

The maximum remedy for an FDCPA violation is $1000. 

I'm not sure why you said this, which is false, and then talk about actual and punitive damages, which are available in FDCPA lawsuits. 

21 hours ago, Clydesmom said:

Unfortunately in court the intention is not what supports punitive damages.

Also incorrect. Punitive damages awards are all about intent. Their only function is to stop bad behavior. The more egregious the behavior, the larger the award. 

21 hours ago, Clydesmom said:

If the OP wants to recover on the intentional infliction of emotional distress they would have to show clear and convincing evidence via medical records for physical and emotional treatment for the damage(s) caused by the manager's statement. 

For an actual damage claim, you're collect.  Punitive damages, however, do not require a showing of any sort of injury/loss.  A jury would lose their minds if OP can prove what he/she claims to have happened. 

21 hours ago, Clydesmom said:

A guaranteed six figure payout for a dumbass statement and a split second of emotional distress?  I doubt it.

How about $83 million for nothing more than suing the wrong person? This was in Kansas - arguably equally as conservative as TN.

https://www.kcur.org/post/jury-awards-kc-woman-83-million-debt-collection-case#stream/0

21 hours ago, Clydesmom said:

My prediction is that it never sees a trial. 

This I agree with, but not for the same reasons you gave. 

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You know what I’d like out of this? For them to say “ok, we get it. This is not your debt. You’ll never hear from us or anyone about this again. And we will send this to you in writing.” That’s really all I want. I didn’t post this here to see how much money I’d get. This is my first visit to this board. The description on the collections forum says: “all your questions about those nasty collection agencies and what to do with them.”  They are nasty. I posted to try to figure out what to do. I didn’t come here threatening to sue them. And I certainly didn’t come here to be called a liar.  😳 I came here for support. And I appreciate those who have been supportive. All I want is for them to go away. That’s it. And maybe for that one woman to lose her job. That would be icing on the cake. But I don’t even care about that because I believe in karma and I’m sure she’s a bitch it her everyday life, so it’ll catch up to her. I’m not worried. 

Read my first post. I make no mention of money or a lawsuit or even hiring an attorney . I said I want them to be held accountable. That’s all I want. For them to say “We were wrong. We are sorry. You will not hear from us again.” That’s literally ALL I want. I didn’t come here to have to defend myself. 🤨

 

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2 hours ago, Bashful-Nashville said:

You know what I’d like out of this? For them to say “ok, we get it. This is not your debt. You’ll never hear from us or anyone about this again. And we will send this to you in writing.” That’s really all I want. I didn’t post this here to see how much money I’d get. This is my first visit to this board. The description on the collections forum says: “all your questions about those nasty collection agencies and what to do with them.”  They are nasty. I posted to try to figure out what to do. I didn’t come here threatening to sue them. And I certainly didn’t come here to be called a liar.  😳 I came here for support. And I appreciate those who have been supportive. All I want is for them to go away. That’s it. And maybe for that one woman to lose her job. That would be icing on the cake. But I don’t even care about that because I believe in karma and I’m sure she’s a bitch it her everyday life, so it’ll catch up to her. I’m not worried. 

Read my first post. I make no mention of money or a lawsuit or even hiring an attorney . I said I want them to be held accountable. That’s all I want. For them to say “We were wrong. We are sorry. You will not hear from us again.” That’s literally ALL I want. I didn’t come here to have to defend myself. 🤨

 

First off, we will tell you when something does not sound right and this did not sound right at first. That is why I said that if this is true, go talk to an attorney.

As for getting what you want, you are going to have to sue to get them to state that you do not owe the debt because they want to be able to sell the debt down the line. Indeed, if they are suggesting that you commit suicide and are ignoring your letters, they have no intentions of stating what you want unless a court, or government regulatory agency, forces them do it so you will probably get some monetary settlement out of this. There, however, is nothing wrong with you donating any money you get to a worth while charity and you can even recommend in the settlement that a charity gets the monetary part of it.

What you get from this board is the truth, even if it is not what you want to hear.

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30 minutes ago, WhoCares1000 said:
 

First off, we will tell you when something does not sound right and this did not sound right at first. That is why I said that if this is true, go talk to an attorney.

As for getting what you want, you are going to have to sue to get them to state that you do not owe the debt because they want to be able to sell the debt down the line. Indeed, if they are suggesting that you commit suicide and are ignoring your letters, they have no intentions of stating what you want unless a court, or government regulatory agency, forces them do it so you will probably get some monetary settlement out of this. There, however, is nothing wrong with you donating any money you get to a worth while charity and you can even recommend in the settlement that a charity gets the monetary part of it.

What you get from this board is the truth, even if it is not what you want to hear.

More precisely, what you get from this board is as close to the truth as we can.

Correct, nobody called the OP a liar.  

I sometimes come over as less skeptical than most, because I feel it doesn't hurt me to assume what I am being told is the truth. If someone is making stuff up, well, no big deal.  At least people reading the forum might learn something.  

There are certain things that happen on very rare occasions that are so weird they boggle the mind.  For example, over a decade ago, a collection agency broke federal law and put a nasty note in the mailbox of someone who posted here.  At our advice, this person sought out an attorney and got a settlement of a few thousand.  

Only a few  were here back in the days of the Buffalo bully boys, when collection agencies, esp. those based in Buffalo, NY, used all sorts of unethical and bullying tactics.  Then-NY AG Andrew Cuomo shut down the Buffalo bully boys, and the combination of the CFPB and FDCPA law suits took care of most of the rest.  From personal experience, I can say it was not pleasant to deal with the Buffalo collection agencies.  

It seemed a bit mind-boggling for Midland, a company that had been hammered hard by the CFPB and FDCPA lawsuits, to resort to this behavior.  Not just the one-off remark, but the constant bullying.  The experience of most people lately has been reasonably fair and polite behavior by Midland.  They really did seem to have mended their evil ways.  

We can't fact check over the internet.  You make a statement, we can't tell if it is true, or slightly exaggerated, or completely made up, or a fantasy.  We have seen people who were not completely stable come in here.  We have also seen people who told tall tales that turned out to be true.  Actually, in some cases I WAS able to fact check over the internet.  At one point someone was kicked off this forum for bragging about fantastic results he was getting with an unproven tactic.  I was able to access his cases online, find out he was telling the truth, and I contacted him to learn the tactics, which I used even after I got kicked off this forum in my previous name for advocating arbitration.  

All we can do is suggest the best plan assuming what you say is true.  And everyone one agreed that the best plan is for you to see a lawyer.  You have an appointment on Tuesday.  

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3 hours ago, Bashful-Nashville said:

All I want is for them to go away. That’s it. And maybe for that one woman to lose her job

I dealt with Midland around 10 years ago when I hired an attorney to sue for an FDCPA violation.  While it was a blatant violation, it was nothing which called for punitive damages.  Midland told my attorney that the employee had been fired.  

Considering that Midland has been a target of consumer attorneys and the CFPB, more than likely, an employee who commits the type of violation you describe would be out of a job. 

 

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4 hours ago, Bashful-Nashville said:

I didn’t come here to have to defend myself.

No one called you a liar or said anything else that required you to defend yourself.  Anything i had to say is coming with the knowledge that the odds of what you're saying are astronomical. If you can prove it, you've hit the lottery - both statistically and financially. 

5 hours ago, Bashful-Nashville said:

For them to say “We were wrong. We are sorry. You will not hear from us again.” That’s literally ALL I want.

Wanting Midland to admit they made a mistake is pretty naive and not realistic, so i assumed you'd be happy to know there is a payday waiting for you. Especially after you said you were meeting with a lawyer. People don't hire lawyers to get apologies. If you're that rare cat, you'll be disappointed to learn that your lawyer doesn't get paid with apologies.

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I’m meeting with an attorney because trying to fix this myself is obviously not working. And if that comes with some kind of payout - great. Not because I think I deserve it but rather,  I think they owe it. Because what they, as a company, are doing is illegal and because what their employee is doing is criminal. You can’t harass people. It’s a crime. And that’s what’s going on here.
 

I’ll keep you all posted. And I apologize if I ruffled any feathers - I didn’t mean to. But hearing “there’s no way that Midland did that” when I know damn good and well they did - and I can back it up 1000% - well, you can see why I felt like I was being called a liar. I’m just glad I did actually tape that call that day because I’ve bluffed a lot with them, said I was going to before and didn’t. But the tone of her voice - something just told me I’d better. And I’m just glad I did. 

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5 minutes ago, Bashful-Nashville said:

Because what they, as a company, are doing is illegal

You mean buying debts and collecting those debts?

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9 minutes ago, Bashful-Nashville said:

But hearing “there’s no way that Midland did that” when I know damn good and well they did - and I can back it up 1000% - well, you can see why I felt like I was being called a liar.

Noted.  From now on, instead of saying "there's no way", I'll say "there's a one in a million chance". 

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No - calling me upwards of 19 times a day on my cell phone and at work after receiving 4 certified letters asking them to stop. Continuing to try to collect at debt that is not mine after they have been sent copies of police reports, fraud affidavits... everything they have asked for. And so on and so forth... 

And Harry... sounds good to me! Maybe I’ll go buy a lottery ticket. 😉

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16 minutes ago, Goody_Ouchless said:

False. Midland does not sell debts/

Technically, Midland does not ignore C&D letters and tell people to commit suicide over their debts either but the OP has proven that wrong. I am wondering if now that the governments attention is turned elsewhere, they are going to try to see what they can get away with and that would include selling any debts considered uncollectable by them.

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2 hours ago, Bashful-Nashville said:

No - calling me upwards of 19 times a day on my cell phone and at work after receiving 4 certified letters asking them to stop.

How did you word the letter?  If it is a cut and paste one from the internet then that is likely why they ignored it.  100% of those letters are riddled with errors.  ALL using one does is tell the recipient you can cut and paste.  The letter has to say "cease and desist calling me" for fullest effect you could add the numbers you want them to stop calling.  If it said "all calls are inconvenient" then unfortunately they are free to ignore it or treat it as a full cease and desist.  The wording used may be what is tripping this up.

2 hours ago, Bashful-Nashville said:

Continuing to try to collect at debt that is not mine after they have been sent copies of police reports, fraud affidavits... everything they have asked for. And so on and so forth... 

Did you openly state "I refuse to pay this cease and desist contact" in the letter(s)?  Because if you did that will up the ante on how egregious their violation of the FDCPA is.  If you simply sent copies of the reports then it is not as clear but most likely still a violation.  If you out right said "this is not my debt (included the identity theft and police reports) and cease/desist then you have aggravated circumstances if they didn't drop it. 

However, it takes more than your word.  You need recordings of the collection calls/voice mails.  A phone number on a phone bill is not necessarily enough.  I sued a much smaller CA for TCPA and FDCPA violations for refusing to stop calling me over the previous phone number owner's debt.  Just showing the court they tried to call wasn't enough.  It took caller ID photos, voice mails, recorded conversations on top of the phone bills.  You also cannot use Google searches showing that there are sites like 1-800-Notes saying the number is Midland's.  What helped me was in discovery they produced their call logs from the auto dialer showing they had called me and from ONE call I could correlate all the other attempted calls on the phone bill to them.  I had all 4 CMRR receipts/green cards, copies of the letters, and all collection attempts by then.  This small operation was well insured to defend my suit you can bet Midland is as well.

8 hours ago, Bashful-Nashville said:

Read my first post. I make no mention of money or a lawsuit or even hiring an attorney . I said I want them to be held accountable. That’s all I want. For them to say “We were wrong. We are sorry. You will not hear from us again.” That’s literally ALL I want. I didn’t come here to have to defend myself.

If you want that from Midland then you are going to have to sue.  You are misinterpreting what we are trying to show you.  Midland hears threats of lawsuit and BK all day long every day of the week.  They do not respond to letters saying "just apologize to me and go away."  There is NO letter you can send that will simply get them to apologize and go away at this point.  They do respond to Federal suits that show on the face they screwed up big time.  In general after the recession and the CFPB coming down on them like the Gestapo Midland and the majority of the JDBs cleaned up their act.  We rarely if ever hear of the kind of violation you are reporting.  Do I believe they have at least ONE employee who is dumb enough to have said this?  Absolutely.  Do I believe this is how they are doing business as a whole?  NO.  A good consumer attorney may be able to pull this off with a threatening letter.  You just need to accept that NO attorney is going to take the case just to get you an apology.  Both of you have to get paid something to make it worth their time and trouble.  Midland doesn't understand "oops my bad" they understand verdicts that hit their bottom line and call attention to them by regulatory agencies.  My prediction is if you have the supporting evidence and it is admissible (which is a whole different issue for the attorney) is that Midland apologizes, cuts a check, fires the idiot, and if they are smart scrubs you from their system so that no one ever contacts you again.  

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2 hours ago, WhoCares1000 said:

Technically, Midland does not ignore C&D letters and tell people to commit suicide over their debts either

I don't think Midland is.  Do they have one employee who is acting on their own and doing incredibly stupid things?  YES.  Under the legal doctrine of responndiat superior Midland is responsible for it though.

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2 hours ago, Clydesmom said:

The letter has to say "cease and desist calling me"

Where is this found in the FDCPA?

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Hello! Hope you all are safe and well! Just wanted to give an update. I have retained an attorney who, after listening to the taped call, absolutely freaked out. He told me to refrain from posting too much online but that this is a slam dunk and my evidence and record keeping is every consumer attorneys dream. I’ll update you all as much as I can without compromising anything. Thanks so much for all the support. ☺️  

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1 hour ago, Bashful-Nashville said:

Hello! Hope you all are safe and well! Just wanted to give an update. I have retained an attorney who, after listening to the taped call, absolutely freaked out. He told me to refrain from posting too much online but that this is a slam dunk and my evidence and record keeping is every consumer attorneys dream. I’ll update you all as much as I can without compromising anything. Thanks so much for all the support. ☺️  

Good for you. 
 

At this point your goals are:

1.  Be healthy.  The case may be delayed for a few months. That is a mere inconvenience. 
 

2.  Do what needs to be done. 
 

3. Don’t do what shouldn’t be done. In a recent thread I mentioned a notorious case of a guy who blew a slam dunk case and wound up with over $60,000 in sanctions against him due to using his postings to harass the opposing counsel.  Stuff like using locker room language to describe a female attorney.  Not smart.  
 

Keep the updates short and neutral.  “Filed the case today” or whatever.  Not a word about your feelings.  The less said the better.  
 

In the end, it is not uncommon for people to simply mention that a case has been settled, and/or they will not discuss the case anymore.  We all know that means a non-disclosure agreement.  I have done that a few times myself.  

Never post anything you wouldn’t want their opposing counsel and the judge to read   If you have already posted anything in that category, edit your post to remove any improper comments  

And, right before you sign a settlement with an NDA, just post something to the effect that you will no longer make any posts on the case.  We can read between the lines and will be happy for you.  

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