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Question on DV with Midland


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Hi Everyone;

New situation here for me. I recently purchased a house and then started getting debt collection notices from MCM about a PayPal credit card. I've been ignoring them as I've never had a PayPal credit card so figured it wasn't a big deal because they absolutely have the wrong person. 

They just sent me a pre-legal letter and I got pretty spooked. I found the boilerplate templates that CFPB and others post. Reading through a lot of the replies on this thread it seems like they're not the best option. Ideally what I'd like from them is the original agreement so I can somehow point out my DoB and SSN are not the same as what was on the application.

Would something as simple as "I am not the owner of this account and dispute the debt. Please supply the information on why you think I owe the debt" work?


 

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You made one mistake.  
The letter you want to send should have been sent within 30 days of receiving the first letter from MCM. They no longer have to validate the debt.  If you’re not certain if the debt is valid you’ve dug a bit of a hole.  
 

That being said, you do have options.  If you’re certain this is fraudulent, file a police report ASAP. Call their pre legal department and ask for an address to send a copy of the police report.  That will probably stop them from suing you. 
 

Of course filing a false report is a crime, but you say this can’t be yours. 

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Quote

You made one mistake.  
The letter you want to send should have been sent within 30 days of receiving the first letter from MCM. They no longer have to validate the debt.  If you’re not certain if the debt is valid you’ve dug a bit of a hole.  

Yeah, damn. This is what I was worried about. After moving in there was (and still is) a crapload of junk mail from refinancing companies, home warranties, and things like that which come in plain envelopes, so I usually throw those all out.

I'm 100% certain the debt is not mine. I've never had a PayPal credit card, and certainly haven't defaulted on one. I've never even had a credit card with that high of a like they're coming after me for. Looks like a trip to my local police department is in order.

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4 hours ago, Bulldoger said:

The debt is not for credit card. It is for online credit thru paypal e.g. paypal credit.

There is also a PayPal Mastercard.

4 hours ago, Bulldoger said:

I would ignore it until MCM sues and then file an MTC.

REALLY bad plan if this is identity theft.  There are many options when it isn't your debt at all and ignoring them isn't even on the list.

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14 hours ago, Smashing_Pirate said:

After moving in there was (and still is) a crapload of junk mail from refinancing companies, home warranties, and things like that which come in plain envelopes, so I usually throw those all out.

One of the most annoying parts of buying a home.  Where I am you add the plethora of solar panel sales, pest control and landscapers that come to your door.

@BackFromTheDebtthe debt is correct that the timeline under the FDCPA to send DV expired 30 days after the first letter.  However, these days while the major JDBs can ignore a later DV most do not.  If I were in your shoes I would send the DV but not a boiler plate one.  I would state I am in receipt of their letter (and enclose a copy of that one you posted) and that I have never had a PayPal account of any kind.  I am currentle investigating this as identity theft and will be back in touch within 30 days with a follow up including a FACTA and police report documenting the results.  As part of the letter I would ask if they can provide a copy of the application for the credit so you can ascertain when it was opened and how.  They should produce it but are not required to.  

Let us know how it works out.

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2 hours ago, Clydesmom said:

However, these days while the major JDBs can ignore a later DV most do not.  If I were in your shoes I would send the DV but not a boiler plate one.  I would state I am in receipt of their letter (and enclose a copy of that one you posted) and that I have never had a PayPal account of any kind.

Would it be worth a phone call to their compliance department to try and tell them they must have someone with the same name as mine and I can give them a different DoB / last four of the SSN? I plan on sending the letter anyways but if I could also get a call recorded, it would only help right?

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3 hours ago, Smashing_Pirate said:

Would it be worth a phone call to their compliance department to try and tell them they must have someone with the same name as mine and I can give them a different DoB / last four of the SSN? I plan on sending the letter anyways but if I could also get a call recorded, it would only help right?

Why not go to midland's website given in letter. To log in it will ask for the MCM account number on letter and your last 4 SS#.  If you can login then the account was opened with your SS#.  At the upper right by your name to the right click on "Document Center" it will go to a page with PDFs of all the statement they have.  Download and open It will have charges and payments and billing address . See if you recognize the account.  

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6 hours ago, Clydesmom said:

There is also a PayPal Mastercard.

REALLY bad plan if this is identity theft.  There are many options when it isn't your debt at all and ignoring them isn't even on the list.

The statements will show if it is Paypal Credit or Mastercard.

If all statements have OPs correct name, address, and SS# how does OP prove it was identity theft when all evidence points to it being OP's debt. 

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2 hours ago, Bulldoger said:

If all statements have OPs correct name, address, and SS# how does OP prove it was identity theft when all evidence points to it being OP's debt. 

When identity theft happens they use your social/name/DOB but create a new phone number and address.  I am dealing with this now because of the T-Mobile data breach.  I guarantee you that if the OP never knew about this account it wasn't opened using his address because the correspondence with card terms etc. would have come to his home along with at least the first statement.  I was fortunate that when they hacked my credit card(s) I got a notice immediately they were trying to charge a LOT of money to my actual cards.  When I put a hard stop on it and went to freeze my reports was when I discovered they had created a whole new "me" and that had to be dealt with too.

6 hours ago, Smashing_Pirate said:

Would it be worth a phone call to their compliance department to try and tell them they must have someone with the same name as mine and I can give them a different DoB / last four of the SSN?

NO because they can't take your word for it over the phone that it is identity theft or who you are.  Not to mention they hear "not mine" thousands of times a day anyway.  You need the letter and the return receipt green card to lay the foundation for a defense if they sue you.  That paperwork is admissible in court.  Your conversation with them is he said she said or hear say.  Unless you could subpoena the rep you speak with you cannot testify to what they said.  As for recording the call you have to know the laws on that in your state and the state of the person who answers the phone.  All that will happen in a phone call is them attempting to get you to agree to a payment and/or sendign you a FACTA identity theft form in the mail.  Not worth that trouble.  Send the letter.

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