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Midland Credit Management / Claims they do not have to validate

1 Dept 12421 Po Box 603Oaks, PA, United States Review updated:
Contact information:
Phone: 800-306-4443

I checked my credit reports and seen MCM and Original Creditor SBC-AMeritech $156.72 from Nov 2002. I sent them a "validation letter" as I don't think I even had a phone at that time so this can't be mine.I also disputed with Credit Bureaus. All this done in April 2008. MCM sent me a letter asking me for any documentation that I may have and that they have written "Disputed" on my credit report. May 2008 MCM sends me a bill with options on how to pay. Still no Original bill or validation that this is even MY debt. The Credit Bureaus claim that they have "verified" this debt. How they did this I have NO idea? I have asked for "reinvestigation" and Trans Union took 1 day .not even it was Overnight... . and said it was "verified".
I even tried to call SBC-Ameritech awhich is now ATT and they couldn't help me as they have no information about this so called debt as it is too old.
Yesterday August 19, MCM called me and was very rude and told me that they were the "original creditors" that they don't have to validate as they own this debt and that they are going to pursue this further. I know that the SOL has expired so they cant sue me as it is 6 years in Michigan. I am so frustrated with these people. My wife and I are trying to buy a house and this is one of the things that need to be taken care of before we can. I just don't want to have to pay for something that I believe isn't mine.
All I want is an "original bill" stating that I owe this.. not some bill from MCM.

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Comments

  • Sh
      26th of Sep, 2008
    0 Votes

    File a complaint with the BBB of San Diego and cite the Fair and Accurate Credit Transactions Act(FACTA)

    SEC. 312. PROCEDURES TO ENHANCE THE ACCURACY AND INTEGRITY
    OF INFORMATION FURNISHED TO CONSUMER
    REPORTING AGENCIES.

    ‘‘(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION
    DIRECTLY WITH FURNISHER.—

    ‘‘(E) DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE.—
    After receiving a notice of dispute from a consumer
    pursuant to subparagraph (D), the person that provided
    the information in dispute to a consumer reporting agency
    shall—
    ‘‘(i) conduct an investigation with respect to the
    disputed information;
    ‘‘(ii) review all relevant information provided by
    the consumer with the notice;
    ‘‘(iii) complete such person’s investigation of the
    dispute and report the results of the investigation to
    the consumer before the expiration of the period under
    section 611(a)(1) within which a consumer reporting
    agency would be required to complete its action if
    the consumer had elected to dispute the information
    under that section; and
    ‘‘(iv) if the investigation finds that the information
    reported was inaccurate, promptly notify each consumer
    reporting agency to which the person furnished
    the inaccurate information of that determination and
    provide to the agency any correction to that information
    that is necessary to make the information provided
    by the person accurate.

    and the Fair Debt Collection Practices Act (FDCPA)

    § 809. Validation of debts

    (c) The failure of a consumer to dispute the validity of a debt
    under this section may not be construed by any court as an
    admission of liability by the consumer.

  • La
      2nd of Oct, 2008
    0 Votes

    www.ftc.gov or www.budhibbs.com

    Midland violates all FDCPA laws- and count on you NOT TO LEARN YOUR RIGHTS

  • Gl
      14th of May, 2011
    0 Votes

    Although it might be difficult, IGNORE their correspondences. They absolutely depend on your ignorance to make money, because by the time MCM gets these "debts", they are considered UNCOLLECTABLE (unless you're foolish enough to pay them). MCM are known as "Scavenger Debt Collectors", and know they can't legally force payment. In my opinion they are disreputable m----- - f-----s, who prey on people's ignorance. And their existence is apparently legal!!! Before I learned the facts, I responded, demanding proof that I owed money (which I never did) to the alleged creditor. I was told they don't do that. Do what? Prove anything! I simply had to pay! DUH!!! Needless to say, further correspondence ended forever after that call. By the way, don't depend on any federal laws to protect you. They have no teeth and are basically unenforceable, unless you want to spend a lot of money suing. Note the exception below. You can complain to the BBB, but don't expect it to do any good. That organization is a joke, being made up as it is with BUSINESSES! The statutes of limitations very by state, but range from three years to ten (mostly six), except for the bizarre anomaly of Kentucky (15 years). Another idea would be to ask your lawyer, and he might be able to invoke a certain obscure federal law (if it still exists), and sue them for its violation. My lawyer did it once and it worked, but the collector has to have proceeded in a certain way for you to prevail.

  • Gl
      14th of May, 2011
    0 Votes

    Addendum to the above. Regarding any debt collector: If the language is polite, and they claim to be understanding and trying to help you get through hard financial times with payment plan options, etc. - They are "Scavenger Debt Collectors" and you should ignore them.

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