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Midland Pre-Legal Notification


Michele Hunter
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Hello, I received this in the mail and it came with a copy of a statement from credit one. I don’t know what to do or where to start. Credit One is no longer on my credit report n the statement is within time limits and is NOT timed barred.  What should I be doing at this point? No phone calls . Never spoke with them at all. They now placed this in my collections on my credit report. 
ty in advance for any help you can give me. 

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When I received the pre-legal, they filed suit about 2 months later.  Same original creditor.

I went to court last week - I filed a motion to compel arbitration and it was granted.  That's one strategy you could use. There's an arbitration page on this site that's invaluable if you want to do that.  This is the second case where I've used that option. The first one is settling now for $0 payment in exchange for a mutual dismissal with prejudice.

After court, the attorney implied that they were always willing to negotiate and settle, and pointed out that they would accept monthly payments, etc.

Credit One does have an exception to the arbitration clause for small claims courts. I'm in Virginia, so it wouldn't apply because lawyers can't represent anyone but themselves in small claims here. I don't know how it works in SC. If that's the case, you could file for arbitration now before it gets to small claims.

You could also just ask Midland if they would accept a reasonable settlement if you can afford that. Some people on this site have had good luck settling with various JDB's for about 30% of what's owed. It wouldn't hurt to point out in the settlement that arbitration is an option for you.  I got the impression last week that Midland does not want to go down that road if they can avoid it.

 

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The copy of the statement they placed on the back of the letter, can that be claimed “hearsay “?  I’m unemployed due to the damn “pandemic”. I live in my mothers house but I’m on the deed as joint tenancy with survivors rights.  Im

so scared I can’t even tell you. Im

afraid to call them because then they have a verification that I received there letter. What else can I do? Wait for the lawyer letter to come that says he assigned to the account? Then what? Thank you in advance 

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1 hour ago, Michele Hunter said:

The copy of the statement they placed on the back of the letter, can that be claimed “hearsay “?  I’m unemployed due to the damn “pandemic”. I live in my mothers house but I’m on the deed as joint tenancy with survivors rights.  Im

so scared I can’t even tell you. Im

afraid to call them because then they have a verification that I received there letter. What else can I do? Wait for the lawyer letter to come that says he assigned to the account? Then what? Thank you in advance 

Fear is their greatest weapon.  

Knowledge is your greatest weapon.  

The knowledge I got from this and similar web sites took away my fear, and let me beat my creditors.  I walked away from over $100k in unsecured debt.  It was hard work, but I did it.  

 

Here are your steps:

1. Send a DV letter.  This is a simple letter saying:

"Dear Midland,

I dispute this debt and demand validation.

-You"

 

That's all.  Keep it short and simple.  

This buys you some time.  They can validate, but it takes them some time to do so.

 

2. Get a copy of the credit card agreement from the Consumer Financial Protection Board web site.  Check the arbitration clause,  I believe your account has an arbitration agreement.  Check to see if it has the small claims exemption.  I think it does, but you need to make certain.

 

3. Check the SC laws about small claims court.  This is important.  I don't know the SC laws.  This is absolutely crucial for your next steps.  If SC has a normal small claims court where lawyers can represent clients, then you will need to file in arbitration BEFORE they sue you.  

4. There are some creditors which have programs where they will forgive debt for people in dire financial straits.  I don't know if Midland is one of them.  Check their web site.  Maybe someone else knows the answer.  Is it Midland or PRA?  

 

When you have the information for #2 and #3 and #4, come back to us.  We will guide you through this.  

Arbitration will either get them to walk away from the debt, or else put you in a much better position to negotiate a settlement.  

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Just a note I got same letter on two debts , been waiting almost a year and still no suit. You can go to their website enter acct info and select document folder it will show what they have on debt. Mine show year statements, good-bye letters. I have never answered phone and the keep sending me settlement offers for 90 percent which I toss in trash.  I am ready for suit an kinda upset they haven't filed. They can tell from my credit report I am employed and and garishable.  I will continue to wait and if they don't file by SOL I am o.k. with that.  If they file I am ready for that also. 

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46 minutes ago, Bulldoger said:

Just a note I got same letter on two debts , been waiting almost a year and still no suit. You can go to their website enter acct info and select document folder it will show what they have on debt. Mine show year statements, good-bye letters. I have never answered phone and the keep sending me settlement offers for 90 percent which I toss in trash.  I am ready for suit an kinda upset they haven't filed. They can tell from my credit report I am employed and and garishable.  I will continue to wait and if they don't file by SOL I am o.k. with that.  If they file I am ready for that also. 

I'd love to know how they decide what accounts to file suit on.

I have other accounts with them - one for a lesser amount & one for a higher amount.  I got the pre-legal letter - same as attached here. Decided I'd wait for the letter from a lawyer and ended up being served in about 2 months with no other contact.  Another person in court was sued for two accounts in one suit, so it's not like they couldn't have tried to combine all 3. 

I can't make sense of how they work.

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2 hours ago, shadow99 said:

I'd love to know how they decide what accounts to file suit on.

I have other accounts with them - one for a lesser amount & one for a higher amount.  I got the pre-legal letter - same as attached here. Decided I'd wait for the letter from a lawyer and ended up being served in about 2 months with no other contact.  Another person in court was sued for two accounts in one suit, so it's not like they couldn't have tried to combine all 3. 

I can't make sense of how they work.

I have 8 accts with MCM  5 are way past SOL came off my reports back in 2012s. I have 3 active accounts One was bought from Capital-one no Arb clause.  I got on a make my own plan online 5 years of payment full balance $6350.   At the time I didn't think I could win in court and didn't want a suit.  They then sent me pre legal letters on other debts.  IDK if they are happy with getting the 6K and are willing to let the other 6k in two debts go or are waiting for me to get on full payment plan on those account all by myself. Those have arb clauses so that's not happening.  

Sometime probably in two years when I retire I will stop payments and fight the what is left of the 6K in district court as I will be judgement proof at that time so I can't lose even if I lose. 

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10 hours ago, Michele Hunter said:

Hello, I received this in the mail and it came with a copy of a statement from credit one. I don’t know what to do or where to start. Credit One is no longer on my credit report n the statement is within time limits and is NOT timed barred.  What should I be doing at this point? No phone calls . Never spoke with them at all. They now placed this in my collections on my credit report. 
ty in advance for any help you can give me. 

 

The first thing to do is RELAX. Midland is the nemesis of many of us on this forum. The purpose of my post is to advise you that most all of us at one time or another have felt exactly the same way you do. The posters on this forum have helped me beat three of Midland Funding's law suits. They will also help you either arbitrate or settle your claim. Keep reading and look at local NC rules of procedure and caselaw. 

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53 minutes ago, Bulldoger said:

IDK if they are happy with getting the 6K and are willing to let the other 6k in two debts go or are waiting for me to get on full payment plan on those account all by myself.

I have one that I'm paying on too. Plus this one that went to court and 2 more that are just sitting there. I guess I got to be the lucky one who had to go to court.

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Because the notice from MCM says they've made several previous attempts to contact the OP, would MCM even respond to a debt validation letter?

Being that the balance is comfortably under $3,000, arbitration seems like the right strategy, depending on SC law and the arbitration provision of the credit card agreement. 

If you haven't looked up you card agreement, here's a link to the database:  https://www.consumerfinance.gov/credit-cards/agreements/

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12 hours ago, shadow99 said:

I'd love to know how they decide what accounts to file suit on.

I have other accounts with them - one for a lesser amount & one for a higher amount.  I got the pre-legal letter - same as attached here. Decided I'd wait for the letter from a lawyer and ended up being served in about 2 months with no other contact.  Another person in court was sued for two accounts in one suit, so it's not like they couldn't have tried to combine all 3. 

I can't make sense of how they work.

Unfortunately we cannot figure out JDBs when it comes to what accounts they decided to sue on and which ones they don't which is surprising considering they use computer algorithms to make these decisions. We have seen them go after 3 and low 4 figure debts while letting 5 figure debts go past SOL without a 2nd glance.

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20 hours ago, Bulldoger said:

They can tell from my credit report I am employed and and garishable.

Maybe you could remove mention of employment from your credit reports.  Might make you less of a target.  I believe that employment, meaning wages to garnish, is the main thing debt collection law firms look for in deciding to sue.

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1 hour ago, nobk4me said:

Maybe you could remove mention of employment from your credit reports.  Might make you less of a target.  I believe that employment, meaning wages to garnish, is the main thing debt collection law firms look for in deciding to sue.

How do you remove it when  it's correct? 

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7 hours ago, nobk4me said:

Maybe you could remove mention of employment from your credit reports.  Might make you less of a target.  I believe that employment, meaning wages to garnish, is the main thing debt collection law firms look for in deciding to sue.

Maybe that's how they decided to sue me on one acct.  I haven't changed jobs, but my employer was sold by one holding company to another and they rebranded us.  That was updated on my credit report, so maybe it looked like I got a new job?

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3 hours ago, shadow99 said:

Maybe that's how they decided to sue me on one acct.  I haven't changed jobs, but my employer was sold by one holding company to another and they rebranded us.  That was updated on my credit report, so maybe it looked like I got a new job?

Where do the CRAs even get your employment information?   Is this entered by creditors who obtained this information through a credit application?

 

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7 hours ago, LaneBlane said:

Where do the CRAs even get your employment information?   Is this entered by creditors who obtained this information through a credit application?

 

I think so.  It's been a long time since I applied for any credit, so they still had my employer name as it was about 20 years ago.

Then, with the sale, it changed. 

This is the 3rd name change - so, they had original, did not get the 1st rebranding, then they picked up the 2nd rebranding.

The sale was from UPS to a lesser known company in Canada, so I'm fairly sure UPS reported it.  No one else would have known, and it's only been a few months since the sale.

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13 hours ago, LaneBlane said:

Where do the CRAs even get your employment information?   Is this entered by creditors who obtained this information through a credit application?

 

I think it can be entered as a result of an employer checking your credit, as part of the hiring process.

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16 hours ago, shadow99 said:

Maybe that's how they decided to sue me on one acct.  I haven't changed jobs, but my employer was sold by one holding company to another and they rebranded us.  That was updated on my credit report, so maybe it looked like I got a new job?

I think ANY job makes you a target.  

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On 9/9/2021 at 12:07 AM, LaneBlane said:

Because the notice from MCM says they've made several previous attempts to contact the OP, would MCM even respond to a debt validation letter?

It doesn’t appear that the letter contains the 30-day validation notice, so it was probably already provided and the 30-day window has passed.  In that event, Midland could continue collection efforts without responding to a DV request.  

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18 hours ago, Bulldoger said:

In that case I will request they remove all my collections. 

I don't think you can do that.  But I think employment falls under personal information, which you can change.  At least I was able to do that, although maybe things have changed since then.  I did it online.

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16 hours ago, BV80 said:

It doesn’t appear that the letter contains the 30-day validation notice, so it was probably already provided and the 30-day window has passed.  In that event, Midland could continue collection efforts without responding to a DV request.  

That first collection notice, the one with the 30-day validation language, ends up in the trash far too many times.

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