• Report: #321061

Complaint Review: MCM

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  • Submitted: Tue, March 25, 2008
  • Updated: Tue, March 25, 2008

  • Reported By:CENTENNIAL Colorado
MCM
8875 Aero Dr. San Diego, California U.S.A.

MCM And FCNB HARASSING ME FOR PAID DEBT... CAN'T GET THEM TO LEAVE ME ALONE!!! San Diego California

*Consumer Comment: What to do...

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In 2003/2004 I settled a debt of about $900 for $735 with FCNB regarding a Spiegle card I had charged on in 1996. I had gotten into a bit of trouble with money and I wanted to get myself out of it and so I took the settlement. They automatically withdrew the money from my checking account so I had no control over it at all. It was paid in full in April of 2004.

Last year I received a call from MCM regarding a sum of about $285 that was left over from the settlement. I told the woman that I had settled the account in 2004 and she proceeded to tell me that the man who settled my account wasn't authorized to settle for that low of an amount (which didn't make sense since the balance wasn't that much higher than $735)...I asked how she knew that he wasn't authorized since she works for a different company. She told me that I would have to prove that the settlement was correct. I told her that SHE would need to prove that the settlement wasn't correct...she became angry and said she didn't have to prove anything. I told her never to call again and quoted the FDCPA but made the mistake of not writing a letter also. That was the last I heard of her and I thought that it had been handled.

MCM is calling again...this time they've gone too far. They have called me at work. I do not have that number listed anywhere so I am fearful of where they were able to obtain that. They also have found my new home number...I am in the process of writing a letter. This time I am making sure that they validate the debt since I made the mistake a year ago to not send a letter. I will also report them to any and all that I can find if they don't comply with the letter.

I had them by the balls a year ago if I had only sent a letter...this time I am making sure I do everything by the books. MCM is a piece of crap company that steals people's money just under the radar...

Is there anything else that I should do regarding this bogus debt?

Buffy
CENTENNIAL, Colorado
U.S.A.

This report was posted on Ripoff Report on 03/25/2008 05:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/MCM/San-Diego-California-92123/MCM-And-FCNB-HARASSING-ME-FOR-PAID-DEBT-CANT-GET-THEM-TO-LEAVE-ME-ALONE-San-Diego-C-321061. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

What to do...

AUTHOR: Robert - (U.S.A.)

The first thing you need to do is STOP talking to them on the phone. ALL communications should be through mail only.

If you went delinquent in 1996, you probably were under no obligation to pay anything on the account in 2004. Because the Statute of Limitations was probably past. However, once you paid them you reset the SOL. If you have always been in CO you are fine, because for Credit Card Debt the SOL is 3 years. So they only had until 2007 to take legal action against you. The only thing you have to be sure of here is that if you had/used this account while you lived in another state. If that state has a longer SOL they could use that and they "might" still file a suit against you. No matter about the SOL, this IS beyond the reporting period for your credit report. So it can not be put back on your report. If it does show up you can send in a dispute to have it removed.

If you are outside the SOL you can send them a "Drop Dead" letter. In the letter state that the debt is beyond the Statute of Limitations and Credit Reporting Period. Also, state that they are to no longer contact you by phone or mail about it again. Send it by certified mail with a return receipt. Once they receive it if they contact you, except to tell you that they are stopping, it is a violation of the Fair Debt Collection Practices Act(FDCPA). You can then take action against them.
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