- Report: #197363
Complaint Review: Midland Credit Management - San Diego California
-
Author Confirmed
Why?
Midland Credit Management
8875 Aero Drive San Diego, 92123 California, U.S.A.
Phone:
800-265-8825
Web:
N/A
Categories:
Business Rating:
(0)
Tell us has your experience with this business or person been good?
Midland Credit Management paid fingerhut account resurfaces as outstanding after 16 years ripoff San Diego California
I'm hoping I can find help for my mother-in-law.
In the beginning of this year she received a letter from Midland Credit Management stating she owed $387.96 for a Fingerhut account that was opened in 1988. We are sure this account was paid off via a settlement offer. I personally made the Western Union transaction to Fingerhut when the account was paid in full. I have contacted Western Union to obtain proof of the transaction, but their archives only go back 5 years. Since this was so many years ago we do not have anything that proves this was paid in full.
Since the first letter there have been many many more, not to mention the daily phone calls she receives. My mother-in-law is 71 years old and not in the best of health. These phone calls are upsetting to her. The majority of the people that have called her have been very rude.
I have personally looked at the letters she has been sent. Each letter has different phone numbers. One letter contradicts itself due to the start of the letter saying it's a Fingerhut account and the end of the letter saying it's an account from an aspire visa card with a completely different account number.
I personally got the pleasure this morning of taking the phone call from a representative from Midland. I informed him I was speaking in behalf of my mother-in-law due to her being extremely ill.
I felt I asked reasonable questions concerning this so-called outstanding account from fingerhut. He was not able to answer any of them and became extremely hostile over the phone. He actually began screaming at me. I asked him his name and asked to speak with his manager. He gave me quite a fight over giving me his name and put a supposed manager on the phone who was just as rude. I informed him that I would be obtaining legal advice on behalf of my mother-in-law. He then demanded an attorneys name.
My mother-in-law wants to pay them the money they are requesting to stop the phone calls and the letters. I have advised her otherwise and asked her to allow me to do some further research. I found this website and was in total awe at the amount of reports pertaining to Midland.
I apologize if any of this is confusing and long winded, I just need to know what to do.
Monica
millville, New Jersey
U.S.A.
In the beginning of this year she received a letter from Midland Credit Management stating she owed $387.96 for a Fingerhut account that was opened in 1988. We are sure this account was paid off via a settlement offer. I personally made the Western Union transaction to Fingerhut when the account was paid in full. I have contacted Western Union to obtain proof of the transaction, but their archives only go back 5 years. Since this was so many years ago we do not have anything that proves this was paid in full.
Since the first letter there have been many many more, not to mention the daily phone calls she receives. My mother-in-law is 71 years old and not in the best of health. These phone calls are upsetting to her. The majority of the people that have called her have been very rude.
I have personally looked at the letters she has been sent. Each letter has different phone numbers. One letter contradicts itself due to the start of the letter saying it's a Fingerhut account and the end of the letter saying it's an account from an aspire visa card with a completely different account number.
I personally got the pleasure this morning of taking the phone call from a representative from Midland. I informed him I was speaking in behalf of my mother-in-law due to her being extremely ill.
I felt I asked reasonable questions concerning this so-called outstanding account from fingerhut. He was not able to answer any of them and became extremely hostile over the phone. He actually began screaming at me. I asked him his name and asked to speak with his manager. He gave me quite a fight over giving me his name and put a supposed manager on the phone who was just as rude. I informed him that I would be obtaining legal advice on behalf of my mother-in-law. He then demanded an attorneys name.
My mother-in-law wants to pay them the money they are requesting to stop the phone calls and the letters. I have advised her otherwise and asked her to allow me to do some further research. I found this website and was in total awe at the amount of reports pertaining to Midland.
I apologize if any of this is confusing and long winded, I just need to know what to do.
Monica
millville, New Jersey
U.S.A.
6 Updates & Rebuttals
Heather
Murphy,Texas,
U.S.A.
You're free
#2Consumer Suggestion
Wed, June 21, 2006
Monica: New Jersey has a 6 year statute of limitations for a creditor to file a lawsuit on an outstanding debt. As long as you are: 1) confident that this debt is for Fingerhut, and 2) confident that you paid it in full at least 6 years ago, then all you need to do is mail a letter to Midland via certified mail, return receipt. In the letter, your mother just tells them that they are to IMMEDIATELY cease all communications with her regarding this matter. Make sure you keep the return receipt, along with a copy of her letter. They must immediately stop calling and they are only allowed to contact her 1 more time via mail (to inform her of what their next intentions are). They will have no further grounds to place this on her credit report, to make harassing calls, to mail collection letters, or to file a lawsuit. IF THEY DO ANY OF THESE THINGS AFTER THEY RECEIVE HER LETTER, THEN THEY HAVE VIOLATED FEDERAL (AND PROBABLY STATE) LAW. You would have grounds for a lawsuit or counter-claims against them - so if they keep bugging you, find a local attorney specializing in debt collection law from the NACA website. Before hiring the attorney, you might consider writing one more certified letter to Midland warning them of your intentions should they not correct their behavior. This will prove to a judge that their actions were not a "genuine mistake" and will better support your case against them. In the meantime, read up on the Federal Debt Collection Practices Act (FDCPA) to find out what your mother's rights are and what a debt collector can and CAN NOT do. Good luck and tell your mom that they can't LEGALLY do anything to harm her.
Heather
Murphy,Texas,
U.S.A.
You're free
#3Consumer Suggestion
Wed, June 21, 2006
Monica: New Jersey has a 6 year statute of limitations for a creditor to file a lawsuit on an outstanding debt. As long as you are: 1) confident that this debt is for Fingerhut, and 2) confident that you paid it in full at least 6 years ago, then all you need to do is mail a letter to Midland via certified mail, return receipt. In the letter, your mother just tells them that they are to IMMEDIATELY cease all communications with her regarding this matter. Make sure you keep the return receipt, along with a copy of her letter. They must immediately stop calling and they are only allowed to contact her 1 more time via mail (to inform her of what their next intentions are). They will have no further grounds to place this on her credit report, to make harassing calls, to mail collection letters, or to file a lawsuit. IF THEY DO ANY OF THESE THINGS AFTER THEY RECEIVE HER LETTER, THEN THEY HAVE VIOLATED FEDERAL (AND PROBABLY STATE) LAW. You would have grounds for a lawsuit or counter-claims against them - so if they keep bugging you, find a local attorney specializing in debt collection law from the NACA website. Before hiring the attorney, you might consider writing one more certified letter to Midland warning them of your intentions should they not correct their behavior. This will prove to a judge that their actions were not a "genuine mistake" and will better support your case against them. In the meantime, read up on the Federal Debt Collection Practices Act (FDCPA) to find out what your mother's rights are and what a debt collector can and CAN NOT do. Good luck and tell your mom that they can't LEGALLY do anything to harm her.
Heather
Murphy,Texas,
U.S.A.
You're free
#4Consumer Suggestion
Wed, June 21, 2006
Monica: New Jersey has a 6 year statute of limitations for a creditor to file a lawsuit on an outstanding debt. As long as you are: 1) confident that this debt is for Fingerhut, and 2) confident that you paid it in full at least 6 years ago, then all you need to do is mail a letter to Midland via certified mail, return receipt. In the letter, your mother just tells them that they are to IMMEDIATELY cease all communications with her regarding this matter. Make sure you keep the return receipt, along with a copy of her letter. They must immediately stop calling and they are only allowed to contact her 1 more time via mail (to inform her of what their next intentions are). They will have no further grounds to place this on her credit report, to make harassing calls, to mail collection letters, or to file a lawsuit. IF THEY DO ANY OF THESE THINGS AFTER THEY RECEIVE HER LETTER, THEN THEY HAVE VIOLATED FEDERAL (AND PROBABLY STATE) LAW. You would have grounds for a lawsuit or counter-claims against them - so if they keep bugging you, find a local attorney specializing in debt collection law from the NACA website. Before hiring the attorney, you might consider writing one more certified letter to Midland warning them of your intentions should they not correct their behavior. This will prove to a judge that their actions were not a "genuine mistake" and will better support your case against them. In the meantime, read up on the Federal Debt Collection Practices Act (FDCPA) to find out what your mother's rights are and what a debt collector can and CAN NOT do. Good luck and tell your mom that they can't LEGALLY do anything to harm her.
Heather
Murphy,Texas,
U.S.A.
You're free
#5Consumer Suggestion
Wed, June 21, 2006
Monica: New Jersey has a 6 year statute of limitations for a creditor to file a lawsuit on an outstanding debt. As long as you are: 1) confident that this debt is for Fingerhut, and 2) confident that you paid it in full at least 6 years ago, then all you need to do is mail a letter to Midland via certified mail, return receipt. In the letter, your mother just tells them that they are to IMMEDIATELY cease all communications with her regarding this matter. Make sure you keep the return receipt, along with a copy of her letter. They must immediately stop calling and they are only allowed to contact her 1 more time via mail (to inform her of what their next intentions are). They will have no further grounds to place this on her credit report, to make harassing calls, to mail collection letters, or to file a lawsuit. IF THEY DO ANY OF THESE THINGS AFTER THEY RECEIVE HER LETTER, THEN THEY HAVE VIOLATED FEDERAL (AND PROBABLY STATE) LAW. You would have grounds for a lawsuit or counter-claims against them - so if they keep bugging you, find a local attorney specializing in debt collection law from the NACA website. Before hiring the attorney, you might consider writing one more certified letter to Midland warning them of your intentions should they not correct their behavior. This will prove to a judge that their actions were not a "genuine mistake" and will better support your case against them. In the meantime, read up on the Federal Debt Collection Practices Act (FDCPA) to find out what your mother's rights are and what a debt collector can and CAN NOT do. Good luck and tell your mom that they can't LEGALLY do anything to harm her.
Steve
Bradenton,Florida,
U.S.A.
Monica, this is very easy to fix..Here's how..
#6Consumer Suggestion
Wed, June 21, 2006
Monica, This debt is not legally collectable due to its age. It is past Statute of Limitations for collection. The SOL in NJ is 6 years from date of last activity. They know this. First of all you need to cease all telephone contact. Never speak to any 3rd party collector/debt buyer on the phone. Only communicate in writing by certified mail/return reciept requested. NEVER pay anyone with Western Union! Go to FTC.gov and read and print out the FDCPA. While there, file complaints against them for each individual violation of your rights under federal law. Do it online. Now, send a CEASE COMMUNICATIONS request as per your rights under the FDCPA. Send it by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records. Most likely you will never hear from them again. FYI..."Debt Buyers" purchase these old portfolios in hopes of making a windfall. On a debt of this age and type, they pay approx. 1/10th of a penny on the dollar. They paid 39 cents or less for this old debt in a portfolio purchase. They count on an uninformed debtor making any payment on it which restarts the SOL for collections by re-affirming the debt, and restarting the 7 year negative reporting period. Here's the info on Midland: Agency Details Midland Credit Management, Inc. * 8875 Aero Dr. Ste 200 San Diego, California 92123-2255 Phone: (858) 309-6970 Fax: (858) 309-6977 Web Address: mcmcg.com
Don
Belleville,Illinois,
U.S.A.
Good luck
#7Consumer Suggestion
Wed, June 21, 2006
Good luck Monica dealing with these people. Rude treatment from debt collectors (or anyone)is not acceptable. As a debt collector, I have 2 points on this. First, you said they were rude to you when you asked questions on the account. That may be twofold, in that debt collectors do not have specific information about the accounts they collect. Generally, they have account balance, when the account was opened, when it was charged off, and who it was with. Their lack of knowledge of specifics though should not be a reason to be rude and scream at people. The other reason they may have gotten hostile (still not an excuse), is that you may not have been authorized to speak with them about the debt. Did your mother-in-law give them permission to discuss the alleged debt with you first? Without that permission, they legally would not be able to discuss it with you. By the sounds of everything, telling the collector you want to cease calls might be a good idea. Some companies will take this request over the phone, but some will request written proof of this request. Registered mail works very well for this. Also, you said that Western Union did not have the records of this anymore. Have you tried Fingerhut? They may need to keep their records longer than Western Union. Finally, just paying the bill to stop them from calling is wrong. First, you need to get validation of the debt (by requesting this, it will also stop collection efforts until they provide proof to you). If they can not prove it is a valid debt, they have to drop the collection efforts. Then, if they can prove it is a valid debt, I reccommend paying it. Make them prove it first.
