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  • Report:  #370006

Complaint Review: Midland Credit Management Inc. - Oaks Pennsylvania

Reported By:
- Milford, Pennsylvania,
Submitted:
Updated:

Midland Credit Management Inc.
Dept. 12421 PO BOX 603 Oaks, 19456 Pennsylvania, U.S.A.
Phone:
800-939-2353
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
MCM is trying to rip me off. In affiliation with Mann Bracken, LLC they are trying to intimidate me to pay off a debt to FCNB/Eddie Bauer that I have already paid to prior collection agency RMS back in 2005. I have previously filed a complaint with the Better Business Bureau and the BBB was able to get RMS to admit that they settled a claim with me that was outside their clients parameters and that they (RMS) would accept the settlement and report to the client (FNCB/Eddie Bauer) that the account was settled in full.

MCM representative is rude and demeaning on the phone. I have faxed them per their request the bank statements from 2005 showing my six bank drafts to satisfy the RMS settlement. I also included the BBB report that specifies RMS and the settlement.

When FCNB/Eddie Bauer sent other collection agencies after me, I would fax them my proof of settlement and not hear from them again. Now MCM is being persistant to collect this already settled debt. They want a letter from FCNB stating the debt is settled, but I cannot contact/locate FCNB and they have not responded to my complaint with the BBB either. I don't really know where to go from here if MCM doesn't accept my proof of payment. This is ongoing 3+ years and I can't help but feel that FCNB with MCM is trying to rip me off.

Kerri

Milford, Pennsylvania

U.S.A.


8 Updates & Rebuttals

Robert

Buffalo,
New York,
U.S.A.
Correction-FDCPA Statutory damages.

#2Consumer Comment

Mon, October 20, 2008

""Each violation of the act carries a statutory penalty of $1,000 to $2,500"" Incorrect. The FDCPA specifically states that for an individual lawsuit for violations, the statutory damages are up to (capped at) $1000. This means that the court can award up to $1000 in statutory damages (per lawsuit.) However, the act also allows for actual damages as well as reasonable attorney fees.


Rduke007

Hopatcong,
New Jersey,
U.S.A.
You need to file a demand for payment pursuant to FDCPA

#3Consumer Suggestion

Sat, October 18, 2008

Each violation of the act carries a statutory penalty of $1,000 to $2,500. Each time they attempt to collect the debt after you disputed it is a violation. You will get nowhere unless you mail or fax a demand for damages to the right department.Don't expect anything but aggravation from the people in the collections office. Send a request for validation to the corporate office. There is an extension for customer relations with people other than the low-level idiots who call you to attempt collection, and I promise you, the collection idiots know nothing except how to extort payment. If you dial the 800 number, and hit extension 2980, you can speak with someone there. The correct numbers for faxing or mailing DEMANDS FOR COMPENSATION DUE TO FDCPA violations: FAX: 800-577-4133 Midland Funding, LLC 8875 Aero Drive SUITE 200 San Diego, Ca. 92123


Steve

Bradenton,
Florida,
U.S.A.
Arbitration in debt collection means nothing, legally unless both parties agree to it.

#4Consumer Comment

Mon, September 22, 2008

Arbitration is simply to settle disputes on the credit contract. Nobody can force you to go to arbitration, it is optional. ONLY a court can issue a judgement and/or a garnishment order, and that is ONLY after being sued in a civil court. An arbitrator cannot issue a default judgement or a garnishment order. Just don't show up at the arbitration. Simple enough. That is how you beat the arbitration. Stay home. Watch TV. Drink beer.


The Arbitration Enemy And Defeater Of Dishonesty

Allentown,
Pennsylvania,
U.S.A.
Mann Bracken Rip Off

#5Consumer Suggestion

Mon, September 22, 2008

Anybody dealing with these lawyers, Mann Bracken, they try to take you to court, to intimidate you to pay, you go to court, but they do not show up, why? because they have a better chance to beat you in Arbitration. At First you win in civil court by default, they they have 30 days to fight it back, and most of the time you win even in arbitration if they do no show up either, but if you are right and try to negotiate, and have your credit report showing either charged off and written off and they say they are representing the credit card company, they are liers, because once a cc is written off, the account is bought by these bottom debt collector. This is how Mann Bracken got famous, by taking people to arbitration in hope they were afraid and would not show up to court. Educate yourself. investigating about the debt collector and keeping record of all calls. I can tell you how I defeated Arrow Financial In arbitration!!!!! and I am not a lawyer!!!!


Notindebt

Lakewood,
Colorado,
U.S.A.
Same situation - what I am doing

#6Consumer Suggestion

Sat, September 20, 2008

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)


Notindebt

Lakewood,
Colorado,
U.S.A.
Same situation - what I am doing

#7Consumer Suggestion

Sat, September 20, 2008

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)


Notindebt

Lakewood,
Colorado,
U.S.A.
Same situation - what I am doing

#8Consumer Suggestion

Sat, September 20, 2008

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)


Notindebt

Lakewood,
Colorado,
U.S.A.
Same situation - what I am doing

#9Consumer Suggestion

Sat, September 20, 2008

I had a FCNB account and paid the account in full in 2005 with a collection agency (Simm Associates). A few weeks ago I was served with a court summons from a law firm representing Midland Credit Management. They are trying to collect on a debt that was already paid to another collection agency - like you!! And like you I have the proof to show I paid the other collection agency. FCNB no longer exists - went bankrupt so you can't get any documentation from them. Send MCM a debt validation letter certified mail receipt requested and keep a copy. Google debt validaion letters for good examples. MCM needs to be able to prove you owe the debt and they won't be able to since you paid it off. Check out Bud Hibbs' website about MCM - you can email him for free assistance/advice. Get a free copy of your credit report - MCM put a negative report on mine and since it is false they are violating the FCRA - they will have to pay a fine to me - I think it's $1000.00. If your credit report is affected you should probably consult a consumer attorney - go to www.naca.net. I contacted an attorney from there today and it was great! I won't have to pay anything - the fine from MCM should cover all costs and get my credit report fixed. I also intend to file a complaint against the law firm representing MCM. This is crap - what MCM is doing is not legal and they (and the law firms that work with them) need to be stopped. They prey on consumers that are not educated about the law (most of us aren't) and bully them into paying. If they get 6 out of 10 consumers to pay on an average debt of $1000.00 they can afford to pay the fines for their illegal practices. You need to fight this - we have legal rights and can win!! When I was served with a court summons from a law firm representing MCM I thought this can't be happening - it's unreal. After MANY hours of research on the internet it seems that it is more common than we think. I wish you the best of luck!!! Not that you'll need luck - the law is on your side. :)

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