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Midland Pre-Legal Notification


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18 hours ago, Bulldoger said:

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

 

18 minutes ago, nobk4me said:

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.

It's hard to type sarcasm ?

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  • 2 weeks later...

I have a question … the debt buyer (portfolio recovery)  sends me the bill of sale from a bulk buy from my original creditor.(Dell Financial ) the date on it is January 29,2020, but it also says executed on January 12, 2021. Within the package of their proof was a statement from the original creditor that I was still paying on but that date was on the Statement was for billing period ending February 25, 2020. Which shows current n no past due. 
is it possible that they bought a bulk debt and when that sale was done a year later they just threw mine in? I don’t get it. 
I’m old n I really don’t have much education so I’m asking for all the help I can get . Ty so much

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I’m sorry to post this new problem on this prior post of mine.  I’m just confused by all these bills I have and what’s happening. I’m having a hard time. The portfolio recovery came before the midland problem. I already answered my complaint by denying what was owed . But I did offer a settlement of 350.00. I think I made a big mistake. 

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Reads like PRA got on a "feed forward purchased agreement" on January 29, 2020 with Dell.  In that agreement they agreed to purchase charge-off debts in blocks in future based on that agreement. Your debt was purchase in the January 15, 2021,  which consisted of the debts listed in file dated January 12, 2021.   

There appears to be a missing bill of sale dated January 15, 2021, from WebBank  to Dell.  PRA will need that Bill of sale to prove that Dell owned your account that was bought by PRA.  That would be an argument in winning case in that PRA does not have chain of title. Or maybe you just didn't post it, along with affidavits for bill of sales.  

Alternatively you can file for arbitration and if PRA follows you can still argue they don't have chain of title if WebBank bill of sale is missing.

"But I did offer a settlement of 350.00. I think I made a big mistake. 

No harm in offering settlement unless you don't have the $350 

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Thank you, yes I found that jan15 bill of sale also.  I guess I have to wait to see if they accept my offer. Do they call me or what happens? How long does it take if they don’t accept for me to find out a court date. The attorney is located 3 hours away from the courthouse where it was filed. 

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9 minutes ago, Michele Hunter said:

Thank you, yes I found that jan15 bill of sale also.  I guess I have to wait to see if they accept my offer. Do they call me or what happens? How long does it take if they don’t accept for me to find out a court date. The attorney is located 3 hours away from the courthouse where it was filed. 

Is this a credit card account?

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8 minutes ago, Michele Hunter said:

Yes 

@Bulldoger

Dell Financial is the servicer for WebBank.  There is no bill of sale from WebBank to Dell.

Go to the CFPB card agreement database and type in WebBank.  “Dell Preferred Card Agreement” will come up.

https://www.consumerfinance.gov/credit-cards/agreements/

From the agreement:

Definitions. The word “Agreement” refers to your Dell Preferred Account Credit Agreement. In this Agreement, the words “you” and “your” mean the person who applied for this Dell Preferred Account. With the exception of the arbitration provision, the words “we”, “us”, and “our” mean WebBank, who is the lender. “Account” means your Dell Preferred Account, which will be governed by this Agreement. Dell Financial Services (“DFS”) will service your Account for WebBank.

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57 minutes ago, Michele Hunter said:

It all kinda loaded messed up. I’m so sorry.  

That’s no problem.  ?

The problem I do see is that you admitted you opened the account and that Portfolio purchased it.

BUT, the complaint references CIT Online Bank.  Where is that bank referenced in a bill of sale or an affidavit?

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Yes Cit Online is referenced in the Bill of sale.  It is cut off on one of the bill of sales I posted.  Is that what you mean.  I can’t believe all the forums n blogs that I have read about . Portfolio is one of the biggest scammers, as a matter of fact they were sued several times for having either dead or fake affidavit signers. So I started researching the that person. Funny thing is he himself has judgements placed against him. A 30 year old punk with speeding tickets and civil judgements against him.  So anyways, I guess there’s nothing left for me to do but wait til they either get ahold of me about the offer or the court sets a date. Or maybe , the court will just say judgement for the plaintiff. I really don’t know. This is my first dealing in my life with this.  What’s your opinion? 

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1 hour ago, Michele Hunter said:

Yes Cit Online is referenced in the Bill of sale.  It is cut off on one of the bill of sales I posted.  Is that what you mean.  I can’t believe all the forums n blogs that I have read about . Portfolio is one of the biggest scammers, as a matter of fact they were sued several times for having either dead or fake affidavit signers. So I started researching the that person. Funny thing is he himself has judgements placed against him. A 30 year old punk with speeding tickets and civil judgements against him.  So anyways, I guess there’s nothing left for me to do but wait til they either get ahold of me about the offer or the court sets a date. Or maybe , the court will just say judgement for the plaintiff. I really don’t know. This is my first dealing in my life with this.  What’s your opinion? 

Do own a home or any property?  I have a reason for asking.

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Yes, unfortunately… I live in a home that my mother n I bought in 2015, she has mortgage but my name is on the deed for joint tenancy with survivorship. She abandoned us here 30 days after purchase.It has a lot of equity. I already called a Bankruptsy attorney, they assured me it would be taken with chapter7, and too much equity to discount for chapter13.  

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2 hours ago, Michele Hunter said:

Yes, unfortunately… I live in a home that my mother n I bought in 2015, she has mortgage but my name is on the deed for joint tenancy with survivorship. She abandoned us here 30 days after purchase.It has a lot of equity. I already called a Bankruptsy attorney, they assured me it would be taken with chapter7, and too much equity to discount for chapter13.  

The good news is that wages cannot be garnished in SC.  Judgments last for 10 years only and cannot be renewed.  I don’t believe Portfolio would try to force a sale of the house considering such a low debt.

You could contact the attorney and try to settle for a lump sum, attempt to fight in court, or consider arbitration.  The card agreement has an arbitration provision.  Read this thread, and perhaps @BackFromTheDebtwill help because he has experience with the process.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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