• Report: #332639

Complaint Review: FCNB/ Midland Credit Management/ Midland Funding LLC

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  • Submitted: Thu, May 15, 2008
  • Updated: Tue, October 26, 2010

  • Reported By:Seattle Washington
FCNB/ Midland Credit Management/ Midland Funding LLC
P.O. Box 1259 Oaks, Pennsylvania U.S.A.

FCNB/ Midland Credit Management/ Midland Funding LLC incredible attempt to collect debt that was paid off 14 years ago. Oaks Pennsylvania

*Consumer Suggestion: Regarding the "petition"...LEARN THE LAW!!

*Consumer Comment: My Petition to shut down Midland Funding LLC!!!

*Consumer Comment: My Petition to shut down midland funding LLC

*Consumer Suggestion: Small correction.

*Consumer Comment: Some advice and clarification

*Consumer Suggestion: Statute of Limitations

*Consumer Comment: SOL for OHIO

*Consumer Comment: Dear Heated

*Consumer Comment: Same thing!

*Consumer Comment: Tracy, you are incorret I believe.

*Consumer Suggestion: Watch Midland Funding LLC, they will sue you , it does not matter if the debt is time barred

*Consumer Comment: Advise

*Consumer Comment: First National Bank - Midland Funding

*Consumer Suggestion: Go one step farther

*Consumer Suggestion: It's even simpler than that..Burden of proof is on them.

*Consumer Suggestion: do NOT agree to pay anything

*Consumer Suggestion: A few things.

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i recently received a notice from a collection agency notifying me that i was being offered a "settlement opportunity" to settle a debt. The collection notice was from Midland Credit Management and it stated that the original creditor was FCNB.

I had no idea what this debt was as we paid off our 2 FCNB credit cards (Speigel and Eddie Bauer) many years ago. i know that these credit cards were paid in full somewhere between 1992-1994 because it was a requirement in order to obtain a mortgage to purchase a home.

I called MCM today and spoke with a representative. I asked him what company this debt was from and he told me it was Spiegel, from March 1994. I explained to him that this was not a valid debt as it was paid in full many years ago. He told me either i could provide proof that the debt was paid or i could submit payment of debt to MCM. I explained that i would be unable to provide proof, since it was 14-16 years ago, he told me that i would then be held responsible for the debt.

Am i going to be forced to pay this company $312, just so my credit is not ruined? Is there some organization that protects consumers from this kind of injustice?

Macgal
Seattle, Washington
U.S.A.

This report was posted on Ripoff Report on 05/15/2008 09:00 AM and is a permanent record located here: http://www.ripoffreport.com/r/FCNB-Midland-Credit-Management-Midland-Funding-LLC/Oaks-Pennsylvania-19456/FCNB-Midland-Credit-Management-Midland-Funding-LLC-incredible-attempt-to-collect-debt-th-332639. 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.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 17Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Regarding the "petition"...LEARN THE LAW!!

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

There is no provision in the law for a "petition" to close down a business.

Won't happen. Don't waste your time.

These are big, corrupt companies, with DEEP pockets and SLIMY "lawyers" that know every trick in the book.

You need to EDUCATE yourself in these matters if you want RESULTS and to NOT look stupid.

Get a grip, and PLEASE stop SPAMMING this forum with your "petition" NONSENSE.

Thank you.

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#2 Consumer Comment

My Petition to shut down Midland Funding LLC!!!

AUTHOR: stop_midland_funding_LLC - (United States of America)

In response to your complaint I started a petition to shut midland funding LLC and all of there locations down for good!

The petition site is at thepetitionsite.com Type in google search engine thepetitionsite.com and when you are in the site go to search in the site and type in Shut Down Midland Funding LLC to find my petition!

I hope you join in the fight with me!

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#3 Consumer Comment

My Petition to shut down midland funding LLC

AUTHOR: stop_midland_funding_LLC - (United States of America)

In response to your complaint I started a petition to shut midland funding LLC and all of there locations down for good!

The petition site is at thepetitionsite.com Type in google search engine thepetitionsite.com and when you are in the site go to search in the site and type in Shut Down Midland Funding LLC to find my petition!

I hope you join in the fight with me!

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#4 Consumer Suggestion

Small correction.

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

""That way it will be in your file and when the judge see's it's been 15 years and that you paid it he should dismiss it.""

It doesn't work that way. The defendant MUST ASSERT an expired SOL defense. The courts will NOT assert an expired SOL for the defendant. The defendant motions for dismissal because the SOL is expired. The plaintif must then prove that the SOL is not expired. The judge will not do this for you.
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#5 Consumer Comment

Some advice and clarification

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

I just want to clear up one thing and reiterate one thing that has been said a few times:

First, the above rebuttal made the following statement: "And if they take you to court they have to prove the Statute of Limitations has Not run out." This is not correct. The statute of limitations is an affirmative defense. The defendant has the burden of showing that it is more likely than not that the SOL has expired.

If you are sued, and you want to go solo, be sure to file an answer to any complaint in a timely manner and, in your answer, assert the SOL as an affirmative defense. Mention the particular statute.

Along with the answer, file a motion to dismiss based on the expiration of the statute of limitations.

This may just be a solid case to go lawyer-free. Just familiarize yourself with the appropriate court rules regarding pleadings and motions.

Best of luck!
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#6 Consumer Suggestion

Statute of Limitations

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

Regardless whether you paid or not, which you did.The Statute of Limitations has run out on that debt. It has now been 15 years, most statute runs out after 6 years.Check with your state on their conusmer website. And if they take you to court they have to prove the Statute of Limitations has Not run out. Just make sure you show up otherwise they will get a default judgement. Send a letter to the courthouse where they say they will take you. That way it will be in your file and when the judge see's it's been 15 years and that you paid it he should dismiss it. Also take a look at your credit report it should show paid. I know it's been 15 years but positive items stay on your credit report for awhile. And no matter what do not pay them cause that could restart the Statute of Limitations depending on what state you live. I am going through the same the with them and there attorney's Pressler and Pressler. Good Luck!!
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#7 Consumer Comment

SOL for OHIO

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

The Statute of Limitations for OHIO is 15 years, but for written contracts. The SOL for open ended account (credit cards) is 6 years. The Truth in Lending Act states that a credit card account is a open ended account, as there is no contract with both the creditor and debtor signatures on it. You only get a "customer terms agreement" when you get the card. The only thing they have with a signature of the debtor is the application, and that is NOT a contract. Also, the fact that with a credit card, the industry wanted and got from the government permission to change ANY PART of the deal simply by putting the changes on a monthly statement. With a written contract, that cannot be done. So, the credit card industry, by being able to make any change they want to any consumers credit card account by simply putting it on a monthly statement, shot themselves in the foot. They can no longer claim "written contract" statute anymore. A lawyer may try, but all the consumer has to do is say it is NOT.
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#8 Consumer Comment

Dear Heated

AUTHOR: Victim Of Collections - (U.S.A.)

I tried the SOL of 3-years in AZ for credit card debt in my attempt to have my case dismissed. It was denied by both the lower court and the Attorney for Midland - citing that I did not reference a case where the 3-years was indicated. I accessed PACER and came across a Tempe Attorney who has had multiple dealings with Jerold Kaplan. He provided me with an AZ Superior Court case where the judge overturned a lower court decision on the SOL for credit card debt in AZ. I have retained his services which kind of sucks, but I was being blocked every step I took due to legal expertise I did not possess.

AZ Statute 12-543 is VERY GREY and no appellate court has ever ruled on this Statute. Jerold Kaplan will argue the SOL is six while others who represent those being collected against that the SOL is three.

While the FTC states that time-barred debts may not be sued upon....it does not prevent it from happening. AND it happens EVERY DAY. Access the website http://www.superiorcourt.maricopa.gov for Justice Courts and search Midland Funding. I am quite certain that everyone one of those cases are "time-barred" according to the FTC. This means absolutely NOTHING to the Justices on the bench.

I have a summary judgement that was granted against me and Midland had all of one fabricated statement of theirs (my name was not even on it) and one statement from the original creditor (very poor copy) dating back to 2003 for a credit card that was reported lost!!!!! The Justice did make one huge error though...he granted the summary five days prior to the time on answering actually expired.

Case LC2008-000690-001 from January 2009 is the AZ Superior Court's reversal of a lower court's decision regarding SOL being 6 years.
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#9 Consumer Comment

Same thing!

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

I have an account which was opened and last paid in 2004, statute of limitations is 3 years in AZ, and Midland's Attorneys also contacted me to pay. Only difference is, they filed against me (which is illegal since the statute is expired) and I was not notified of the court date. I found out about it a month after and found out a default judgment was entered against me. So now, I have to go to the court to try and request a hearing, because they've filed a motion to garnish my wages, even though the account is time barred! How can they do this?
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#10 Consumer Comment

Tracy, you are incorret I believe.

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

The statute of limitations in Ohio is 15 years so they can take you to court. Each state has a different SOL.
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#11 Consumer Suggestion

Watch Midland Funding LLC, they will sue you , it does not matter if the debt is time barred

AUTHOR: Tracy Akron - (U.S.A.)

I am in the same situation with this company. Only they never contacted me, their attorney did. My debt is also time barred as the last payment was in 1999 and Ohio statute of limitations is 6 years. If you send a cease and desist, fine. But make sure not to forget them. They will sue, even if the debt is only for a few hundred. But what they wont tell you is THEY have to validate the debt, not YOU. All you need to do is send a validation letter. They have to validate all the info on the old credit card. And they dont have it, mark my word. Check the internet for a validation letter and use it how it pertains to your credit card. Also check the statute of limitations for open ended debt (credit cards) in your state. The Truth in Lending Act states that credit cards are not written contracts, but open ended accounts. Good luck
Tracy
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#12 Consumer Comment

Advise

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

This debt is WAY outside the statute of limitations for all 50 states (paid or unpaid)...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying. The burden of proof is on THEM, NOT YOU.

Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.

* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.

If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
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#13 Consumer Comment

First National Bank - Midland Funding

AUTHOR: Victim Of Collections - (U.S.A.)

How does one (Midland Funding) purchase debt from company that is no longer in existence?

A little research and here is what went on with FCNB in 2003:

RE: FCNB - First Consumer National Bank Credit Card - web site gone - old phone number doesn't work - statements not being issued - however, found new way to view account and make payments FCNB - First Consumer National Bank Credit Cards I have been having the same problems as many other posts here. They are bankrupt and were ordered by the OCC to stop issuing new cards. Thier old phone number doesn't work anymore, thier web site is gone, and I don't receive statements anymore. However, I have found information to help those of us with accounts. Apparently they have contracted with another company to take over thier credit card services until all accounts are paid and closed and they totally shutdown the FCNB card group. I was able to log on, view my account, make a payment and more from the new site. Here's the info I came accross: CardMember Services, located in Norcross, Georgia, has been engaged by First National Bank of Omaha to provide customer service for First Consumer's credit card account holders. Services are available over the web at www.CardMemberServices.net / FirstConsumers and through our automated voice response system at 1-866-691-0053. You may also reach us at P.O. Box 922788, Norcross, GA 30010-2788. Hope this helps!
From: Message Author (click here to email author)
Date: Saturday, 27-Sep-03 00:00:00 CDT

First Consumer National Bank Credit Card Consumer Comments
Author: Jim
Posted: Tue Aug 12, 2003 10:34 am
Post subject: First Consumer National Bank Credit Card Consumer Comments

Dear Webmaster,

FCNB Closed for good in Feb or March of 2003. It would be helpful to post this under FCNB, Eddie Bauer, and the other one I can't remember to let all persons viewing your site that this is what happened to them.

Got a postcard, actually two, one for Visa and One for MasterCard to stop using the card as of a date listed.

For the first month or two, you could get someone on the phone. They closed the bank!!! Was able to get info from Bank Officer that they were closed because of too many outstand bad debts and the parent bank (holding company) just pull the plug and that is that.

Holding company is now dismantling bank assets and liabilities. I think that they are forwarding mail and just post it when they have time. Hate to say it, but it is probably legal. That is why everyone is getting late fees on accounts that were mailed last month (last cycle).
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#14 Consumer Suggestion

Go one step farther

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

I know this is not what you like to hear but if you really did pay these idiots off as you said you did then you need to be proactive here. I assume you sent the payments and/or payoff with a check from a checking account. YES?

If so then you will need to contact the bank in question and have them do a research on the account and have them copy the check(s) in question. This will cost you but in the long run it will be worth the money. The bank will take a month or two since its so old but give them as much information you can to make their job easier and save you some money. All checks are copied and scanned onto microfish and stored in or near the bank.

When you get the copies of the check(s) showing it is paided off with endorcements on the back. Send the idiots a copy via certified, return receipt requested and then staple all that together and keep it in a file forever and ever AMEN.

Reason: because this WILL come back again in the future and when it does you will have the proof that is was paid off and then you will have documentation to file a complaint with the FTC and also recourse to sue in your local courthouse for violations of the debt collections act.
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#15 Consumer Suggestion

It's even simpler than that..Burden of proof is on them.

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

The burden of proof is ALWAYS on the collector!! [Bottomfeeders].

You NEVER have to prove you don't owe a debt.
They always have to prove that you do.

STAY OFF THE PHONE!!

NEVER speak to any bottomfeeder on the phone!!

DO NOT sign any letter you send them, as your signature will most likely end up on a "contract".

Only communicate with them IN WRITING, and by CERTIFIED MAIL, RETURN RECIEPT REQUESTED. Be sure to put the certified# on the letter itself and keep a copy for your records. This procedure is very important, as it proves exactly WHAT you sent.

Unfortunately there is no organization that will actually protect your rights in collections matters. It is up to you to assert your rights under the FDCPA and the FCRA in the civil courts. The FTC will take a complaint online, but will not represent you individually.
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#16 Consumer Suggestion

do NOT agree to pay anything

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

ALSO do NOT agree to pay anything because then the statue of limitations starts all over again. I had an agency call me about a suposed debt from 1992. I told them to send me proof of the debt . I have not heard from them since. I also told them that if they call me again I WOULD report them to all the proper authorities.
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#17 Consumer Suggestion

A few things.

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

PAY THEM NOTHING!!!!

The statute of limitations for this type of debt in WA is 6 years, so even if they were to sue you in civil court, the SOL being expired is an absolute affirmative defense against the lawsuit.

The reporting period for debts on consumer credit reports is approximately 7 1/2 years so this debt is way beyond that.

You should send them a certified, return receipt requested letter that affirms the following:

A. You DISPUTE the entire amount of the debt and you will NOT pay this debt at this time. Also, you want to demand validation of this alleged debt-you want copies of all documentation that makes them believe that it is your debt and that it is a valid debt. This documentation is to include complete contact information for the CURRENT CREDITOR and the ORIGINAL CREDITOR.

B. Affirm to them that the debt is beyond the statute of limitations and you insist that they forward any documents to you that would establish that the 6 year SOL is not expired.

C. The debt is beyond the reporting period allowed by the federal Fair Credit Reporting Act and that you expect them to ensure that this alleged debt does not show on any consumer credit reports about you. You should inform them that you will be checking consumer credit reports about you and if this debt appears you will seek criminal and civil remedies for violating the FCRA.

NOTE: You need to request a free annual credit report as entitled by the FCRA -go to www.annualcreditreport.com to request your free annual credit report. DO NOT use any other website for this. This is the ONLY website to request your entitled free annual credit report.

D. Only written communication is permitted. If they make any phone calls to you, your family, neighbors, or your employer, said calls will be considered deliberate acts of harassment and appropriate criminal complaints will be filed with law enforcement.

In the meantime, you should read the Fair Debt Collections Practices Act and the Fair Credit Reporting Act to become familiar with your rights. They are available at the Federal Trade Commission website www.ftc.gov

Good luck.

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