Midland Credit Management has 2 lawyers contacting me?? Is that legal?? ripoff San Diego California
In March 2006, I was contacted by Mann Bracken LLC for Midland Credit Management. I sent a dispute letter as the debt they are trying to collect had been paid off to the Associates credit card company years ago. I heard nothing back from them until recently. About 3 months ago, the phone calls started again. I did not say anything except that I had sent in a letter disputing the debt and got nothing in return.
I asked them to stop calling me. I asked to speak with a supervisor and was told simply, "no". I asked for a phone number, and address, etc where I could contact them, and was told they couldn't give out that information. Yesterday (10/5/06), I received another letter regarding Midland Credit Management; this time from the Law Offices of Bradley J. Rephen, P.C.
My question is, if anyone knows, can Midland get another lawyer after me? I followed the appropriate rules, writing a letter to dispute the debt, sent it registered mail, etc. I am sending another letter, to this attorney, stating that I am again disputing the debt and requesting they cease the calls and drop it.
I do know this has shown up on my credit and am in the process of disputing with the credit agencies. (It also showed up that I owe more than the attorney's letter says I owe.) I also asked them in the letter to notify the credit bureaus that I am disputing this debt. Since it has been 30 days from the first contact (from March), they have to stop by law, right??
Any help would be greatly appreciated!!
Rachel
Nashville, Tennessee
U.S.A.
2 Updates & Rebuttals
Rachel
Lebanon,Tennessee,
U.S.A.
Thanx you!
#3Author of original report
Thu, October 12, 2006
Thank you, Steve, for the information. I will file with the FTC and stay off the phone. I just wonder if filing with the FTC actually does anything??
Thanks again for your help. I greatly appreciate it!
Steve
Bradenton,Florida,
U.S.A.
Rachel, you are dealing with JUNK DEBT BUYERS re Midland Credit
#3Consumer Suggestion
Sun, October 08, 2006
Rachel,
Yes, it is legal for them to turn it over to another attorney, however, you can sue them for the violations of the FDCPA provisions.
Be sure to STAY OFF THE PHONE! Send all communications in writing, and ONLY by certified mail, return reciept requested. AND, be sure to put the certified# on the letter itself and make a copy for your records. This is very important to do it this way. It proves WHAT you actually sent.
Now, regarding the "lawyers" that are calling you. This is where you can nail them and get paid. Usually a law office who takes these cases just hire collectors or use paralegals they already have on staff to make these calls. If they identify themselves as attornies, they have violated several laws. And, if an attorney's name is anywhere on a collection letter, that attorney must have "some working knowledge" of the "account", AND make him/herself available to you at your request to discuss the "account".
Keep in mind that REGISTERED mail is not required, it is much more expensive than certified mail. Use CERTIFIED mail as stated above.
It is illegal for any collector to refuse your request for their name, phone# and physical location.
Go to FTC.gov and file online complaints for each violation separately.
Remember, STAY OFF THE PHONE!!