Rduke007
Hopatcong,#2Consumer Suggestion
Sat, October 18, 2008
You need to send some correspondence to them 1. Demand verification and validation of the debt. 2. Demand cease & desist. 15 USC 1692 provides they can't contact you if you make this demand 3. Save copies of all correspondence, make notes of any phone calls you receive. Tape record if possible, they will be taping their end 4. 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. 5. 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 You may be able to collect damages for -each occurrence of a violation of the Fair Debt Collections Practices Act (FDCPA) 15 USC 1692 et seq Each violation carries a separate statutory penalty of $1,000 to $2,500 PER OCCURRENCE Some examples of violations are: Misstating the legal status of the alleged debt. This could be as simple as stating you owe money you don't, or contacting you about a debt that is beyond statute of limitations. Contacting you after you demand they cease & desist, Continuing collections once the alleged debt is disputed. -You likely have a cause for action if MCM erroneously reported this to the credit bureaus. You may have to give them the opportunity to correct this before filing suit. You can bring suit in state court where you live. This makes it much easier for Midland to settle with you. Most states require you make a demand for payment prior to filing suit. See the above fax numbers & address. Not sure you can handle all this stress & paperwork? FDCPA provides for attorney fees in addition to the statutory damages provided above. Make sure your retainer agreement with an attorney doesn't include a percent of the award, as his or her fees are already covered, and such an attorney shouldn't be trusted!