Toby
Crestview,#2Consumer Comment
Thu, September 15, 2005
Uh-Oh, if you sent Midland a request for validation you'll probably be totally locked out of your account now, and they will not remove or correct the disputed info. from your credit report. I to had an old account that got turned over to Midland Credit Mgmt. Isent them a request for validation and since my state(FL) requires all collections agents to be licensed and I did not find them listed on the licensing board, I asked for proof that they are licensed to collect in FLorida. I sent this Certified return receipt requested. I never heard anything from them. I checked and found they were still on my credit report, listed as disputed by consumer, so I filed a complaint with the BBB for their area. About a week later I got a response from the BBB that MCM would not give out any information to them without a signed release from me! Recently I refinanced my mortgage MCM reared it's ugly head again and a check was cut to pay it off. I called MCM and talked to a rep (who would not give me her name)she told me she could not discuss the debt with me as I had sent a refusal to pay. I informed her I had a copy of the letter in hand and the first sentence specifically said "AT THIS TIME THIS IS NOT A REFUSAL TO PAY!" She said, well you sent a cease and desist and we have marked the account as a refusal so I will not discuss the account with you. I told her again, I had not refused to pay but had asked for a validation of the account and proof they were licensed to collect in Florida as MCM is not listed on the site as licensed. She stated, we do not have to provdie validation after 45 days and we are licensed to collect in Florida. I will not discuss this account unless you fax us a cancellation of the cease and desist. I politely told her I would not and I would forward her information along with my original letter and the letter from the BBB, whom they refused to work with, and ask that the check be returned to me and MCM could just continue to eat this debt since it is outside SOL for collection anyway! I have forwarded all information to the FTC and our local Attorney General, also reported them to the Professional Licensing board (who will find out if indeed they are registered or not)I am also in contact with a good consumer attorney regarding their FDCPA violations. Good luck in your quest with them! If they do you the same way be sure to keep all correspondence to/from them and file a complaint with FTC and your local attorney general.
Bob
Quinlan,#3Consumer Suggestion
Tue, February 15, 2005
K, There are specific laws about trying to collect a debt that is not owed. Now that you have disputed the debt, make sure you keep all correspondence from these people (including the envelope it came it). Chances are they will "pass around" this alleged debt to others and if you can find the pattern, you can sue for conspiricy to circumvent FDCPA and FCRA violations. Find a good Consumer Lawyer (maybe legal aid or legal services) and go after them if they keep trying to get you to pay. Big question - How did they get the info from CitiBank - there may be a lawsuit in that alone - see a good Consumer Rights lawyer and he or she may yet have some fun.