Midland Credit Management Fraud Debt ripoff San Diego California

sorry I just remember something. I had an old fingerhut account which was paid off but then the debt resurfaced eight years later. I was upset since I had long ago threw out the checks and the billing statments showing this to be paid in full.

So when Midland Credit came into the picture I attacked them with everything I had. I told them that even if this was a true debt it was past the SOL per STATE law which in Wisconsin is six years. AND after a bit of investigation found out that the collector was not registered in the state to collect on debts. All to which after I go the state involved made this collector go back to the bowls of hell that they came from. I will fight and man I will fight back. Hell I always wanted a little collection agency for my own. The state told them to prove the debt was valid within 30 days (which they never did) and to contact them directly and not me.

Well in November now we are talking almost a year and a half later, Midland violated the state's direct order to make no contact to me and sent me a copy of the old bills from fingerhut and of course was the first bill - so I just kept the paperwork and filed it with the rest of the papers. If they want to fight then I say bring it on. I never did notify the state that they contacted me since I feel they are not worth my time right now. They want to violate the law then I will let them make the first move. I just checked my credit report and there is nothing on there. The state has an open records law and I see there is no court activity in my name anywhere in the state so I know darn well they have no gotten a default judgement on me somewhere else.

I will fight if they want a fight. And I am a strong listener to the Dave Ramsey show, hmmm I talked to him numerous times on the air even. So the moral of the story is pick your fights carefully and then attack with everything in yout power. I will not just lie down and take it but will fight till I WIN.

Benn,

You wrote:

"He states that the statue of limitations is seven (7) years for any creditor to post ANYTHING on a credit report from the original date. Now if you start paying on a debt then the seven year period starts all over again. Secondly he loves to say you can tell if a collector is lying if his lips are moving. They are the scum of the earth period".
>>>

This is not true. Some bankruptcies can be 10 years, and a judgement can be listed for as long as it is legally collectable under state law.

And, as far as regular debt goes, the original account can only be listed on your credit for a maximum of 7 years from date of charge off, REGARDLESS of if you make a payment. That payment only resets the SOL for legal collections.

There is one loophole. It is a gray area that has made it through some courts. It involved reaffirming a debt to a junk debt buyer [not the original creditor]. This has been considered a NEW obligation as a new contract has actually been created. The original creditor is now out of the picture for everything but determining SOL on the collection itself of the debt.

Most of our laws were written long before anyone even knew what a junk debt buyer was, and debt buying was not even a consideration in writing most debt collection laws. However, this is slowly changing as new case law is created.

I listen to Mr. Dave Ramsey and this is what I have learned from countless callers on this same issue.

Side bar: daveramsey.com and also heard on many radio stations during the week (three hour show) and also on XM radio and Sirus radio.

He states that the statue of limitations is seven (7) years for any creditor to post ANYTHING on a credit report from the original date. Now if you start paying on a debt then the seven year period starts all over again. Secondly he loves to say you can tell if a collector is lying if his lips are moving. They are the scum of the earth period.

The law states: NO collector can state that you will be arrested and put into jail (honey there is no debt jail!!!). This was a scare tactic to scare you into paying. Just ignore them and tell them that they are in direct violation of the Federal Debt Collectings Act (or something like that).

Talk to them in a civil matter and if they want to be rude or start swearing at you just tell them that if they want to be rude then they can just talk to a dial-tone and be firm with this. They start up then just hang-up. They use these tactics as a way to make you pay.

IF you did pay this bill as you stated then tell them that you will prove them a copy of the paid in full (COPY ONLY) of the bill. NEVER send them the orginial EVER! You MUST send it by certified return receipt requested to them (proof that they received it) and do not talk to them on the phone now. If they want to talk to you on the phone again tell them we will talk as human beings but if you want to run your mouth thru the gutter then you will be talking to a dial-tone. ALWAYS reply every time by certified return receipt mail ONLY.

Never allow anyone electronic access to your bank accounts (checking, svaings, etc) since they will wipe it clean. NEVER send post-dated checks since they will cash them before the dates and NEVER give out a credit card, debt card over the phone or thru the mail!!!

If you settle or agree this debt is paid in full then get it ALWAYS in writing before you send the final payment. You must get this in writing stating that the debt is either settled in full or paid in full BEFORE sending a check to them otherwise they will just forget that you made an agreement.

When you get this letter, review it to ensure it says that the debt is settled in FULL. If you agree then send the amount agreed upon as stated in the letter via certified return receipt request and keep the thing forever.

Reason you keep this FOREVER? IS because you will be seeing this debt resurface at a later date. Trust ME FOLKS. They will sit on this debt for 5-7 years and then sell the debt to another collector and they will have no knowledge of the debt being paided in full (see this clears the collector that you did pay in full) but the new collector will not attempt to collect on this debt. Since you kept all the copied of the letter and a copy of the cashed check you can copy this and send it to them showing it is paid in full before. ALWAYS keep these papers till your death. Sounds horrible but they will attempt to collect on a debt years from now even when the debt was settled before.

Then file a complaint with the authorities (both federal and state) for illegal collections and provide proof. This will be investigated and the government will shut them down.

Again, NEVER give electronic access to your accounts, NEVER give out post-dated checks, keep phone conversations to a dull talk and if they get abusive just hang-up on them. ALWAYS document every time they call or you receive anything from them in the mail and ALWAYS send everything via certified, return receipt requested when communicating with them. AND FINALLY hang on to everything for the rest of your life.

If you want to review anything I just said please go to www.daveramsey.com or go to the nearest bookstores in your area and buy one of his top-ten best sellers about this issue and how to build wealth. Dave did go broke and has real-life experience. Or go to the website and click on find a station which will direct you to a local radio station that airs the Dave Ramsey show and listen and learn what I just told you here.

I hope I was clear on this. If not write me here at benn54738@yahoo.com and I will help you out further as much as I can.

Thanks and have a Merry Christmas.

I listen to Mr. Dave Ramsey and this is what I have learned from countless callers on this same issue.

Side bar: daveramsey.com and also heard on many radio stations during the week (three hour show) and also on XM radio and Sirus radio.

He states that the statue of limitations is seven (7) years for any creditor to post ANYTHING on a credit report from the original date. Now if you start paying on a debt then the seven year period starts all over again. Secondly he loves to say you can tell if a collector is lying if his lips are moving. They are the scum of the earth period.

The law states: NO collector can state that you will be arrested and put into jail (honey there is no debt jail!!!). This was a scare tactic to scare you into paying. Just ignore them and tell them that they are in direct violation of the Federal Debt Collectings Act (or something like that).

Talk to them in a civil matter and if they want to be rude or start swearing at you just tell them that if they want to be rude then they can just talk to a dial-tone and be firm with this. They start up then just hang-up. They use these tactics as a way to make you pay.

IF you did pay this bill as you stated then tell them that you will prove them a copy of the paid in full (COPY ONLY) of the bill. NEVER send them the orginial EVER! You MUST send it by certified return receipt requested to them (proof that they received it) and do not talk to them on the phone now. If they want to talk to you on the phone again tell them we will talk as human beings but if you want to run your mouth thru the gutter then you will be talking to a dial-tone. ALWAYS reply every time by certified return receipt mail ONLY.

Never allow anyone electronic access to your bank accounts (checking, svaings, etc) since they will wipe it clean. NEVER send post-dated checks since they will cash them before the dates and NEVER give out a credit card, debt card over the phone or thru the mail!!!

If you settle or agree this debt is paid in full then get it ALWAYS in writing before you send the final payment. You must get this in writing stating that the debt is either settled in full or paid in full BEFORE sending a check to them otherwise they will just forget that you made an agreement.

When you get this letter, review it to ensure it says that the debt is settled in FULL. If you agree then send the amount agreed upon as stated in the letter via certified return receipt request and keep the thing forever.

Reason you keep this FOREVER? IS because you will be seeing this debt resurface at a later date. Trust ME FOLKS. They will sit on this debt for 5-7 years and then sell the debt to another collector and they will have no knowledge of the debt being paided in full (see this clears the collector that you did pay in full) but the new collector will not attempt to collect on this debt. Since you kept all the copied of the letter and a copy of the cashed check you can copy this and send it to them showing it is paid in full before. ALWAYS keep these papers till your death. Sounds horrible but they will attempt to collect on a debt years from now even when the debt was settled before.

Then file a complaint with the authorities (both federal and state) for illegal collections and provide proof. This will be investigated and the government will shut them down.

Again, NEVER give electronic access to your accounts, NEVER give out post-dated checks, keep phone conversations to a dull talk and if they get abusive just hang-up on them. ALWAYS document every time they call or you receive anything from them in the mail and ALWAYS send everything via certified, return receipt requested when communicating with them. AND FINALLY hang on to everything for the rest of your life.

If you want to review anything I just said please go to www.daveramsey.com or go to the nearest bookstores in your area and buy one of his top-ten best sellers about this issue and how to build wealth. Dave did go broke and has real-life experience. Or go to the website and click on find a station which will direct you to a local radio station that airs the Dave Ramsey show and listen and learn what I just told you here.

I hope I was clear on this. If not write me here at benn54738@yahoo.com and I will help you out further as much as I can.

Thanks and have a Merry Christmas.

I listen to Mr. Dave Ramsey and this is what I have learned from countless callers on this same issue.

Side bar: daveramsey.com and also heard on many radio stations during the week (three hour show) and also on XM radio and Sirus radio.

He states that the statue of limitations is seven (7) years for any creditor to post ANYTHING on a credit report from the original date. Now if you start paying on a debt then the seven year period starts all over again. Secondly he loves to say you can tell if a collector is lying if his lips are moving. They are the scum of the earth period.

The law states: NO collector can state that you will be arrested and put into jail (honey there is no debt jail!!!). This was a scare tactic to scare you into paying. Just ignore them and tell them that they are in direct violation of the Federal Debt Collectings Act (or something like that).

Talk to them in a civil matter and if they want to be rude or start swearing at you just tell them that if they want to be rude then they can just talk to a dial-tone and be firm with this. They start up then just hang-up. They use these tactics as a way to make you pay.

IF you did pay this bill as you stated then tell them that you will prove them a copy of the paid in full (COPY ONLY) of the bill. NEVER send them the orginial EVER! You MUST send it by certified return receipt requested to them (proof that they received it) and do not talk to them on the phone now. If they want to talk to you on the phone again tell them we will talk as human beings but if you want to run your mouth thru the gutter then you will be talking to a dial-tone. ALWAYS reply every time by certified return receipt mail ONLY.

Never allow anyone electronic access to your bank accounts (checking, svaings, etc) since they will wipe it clean. NEVER send post-dated checks since they will cash them before the dates and NEVER give out a credit card, debt card over the phone or thru the mail!!!

If you settle or agree this debt is paid in full then get it ALWAYS in writing before you send the final payment. You must get this in writing stating that the debt is either settled in full or paid in full BEFORE sending a check to them otherwise they will just forget that you made an agreement.

When you get this letter, review it to ensure it says that the debt is settled in FULL. If you agree then send the amount agreed upon as stated in the letter via certified return receipt request and keep the thing forever.

Reason you keep this FOREVER? IS because you will be seeing this debt resurface at a later date. Trust ME FOLKS. They will sit on this debt for 5-7 years and then sell the debt to another collector and they will have no knowledge of the debt being paided in full (see this clears the collector that you did pay in full) but the new collector will not attempt to collect on this debt. Since you kept all the copied of the letter and a copy of the cashed check you can copy this and send it to them showing it is paid in full before. ALWAYS keep these papers till your death. Sounds horrible but they will attempt to collect on a debt years from now even when the debt was settled before.

Then file a complaint with the authorities (both federal and state) for illegal collections and provide proof. This will be investigated and the government will shut them down.

Again, NEVER give electronic access to your accounts, NEVER give out post-dated checks, keep phone conversations to a dull talk and if they get abusive just hang-up on them. ALWAYS document every time they call or you receive anything from them in the mail and ALWAYS send everything via certified, return receipt requested when communicating with them. AND FINALLY hang on to everything for the rest of your life.

If you want to review anything I just said please go to www.daveramsey.com or go to the nearest bookstores in your area and buy one of his top-ten best sellers about this issue and how to build wealth. Dave did go broke and has real-life experience. Or go to the website and click on find a station which will direct you to a local radio station that airs the Dave Ramsey show and listen and learn what I just told you here.

I hope I was clear on this. If not write me here at benn54738@yahoo.com and I will help you out further as much as I can.

Thanks and have a Merry Christmas.

Ann,

There is no reason to ever speak to a collector on the phone. It will never do anything positive for you, and will always make things worse.

MCM are junk debt buyers. They buy very old debts for pennies or less on the dollar. NEVER contact an original creditor. That is not your responsibility.

The entire burden of proof is on the collector.

When you communicate, do it only in writing, and only by certified mail. Be sure to put the certified# on the letter itself and keep a copy of it for your records. This procedure is very important.

Keep in mind that the original creditor is totally out of the picture and is irrelevent except for determining SOL.

The junk debt buyer must prove that you owe THEM the money. They are not collecting for the original creditor, they are collecting for themselves.

A junk debt buyer is an INVESTOR. They knowingly and willingly purchase these old charged off debts in hopes of making huge profits. They are not creditors, they have lost nothing, and are entitled to nothing.

Ann, sent them a letter and have them sign for it.

have then send you a copy of the original contract, all original media on file, all charges on a line by line basic, to show you how they arrived at the amount owed, all charge slips that you signed, proof they are licensed to collect in your state, provide me with your license number and registered agent, proof they own this debt, cancelled check to show what they paid for it. damand that there office provide you with competented evidence.

Internally in house reports are not proper validation.

an affidavit of ownership and sale of claim without a cancelled check is not proof and this by itself is not proof.

do not sign your name on any letter you send them, they will scan it and place it on a contact

i'm not an attorney, its best to get ones advise,
good luck

Ann, sent them a letter and have them sign for it.

have then send you a copy of the original contract, all original media on file, all charges on a line by line basic, to show you how they arrived at the amount owed, all charge slips that you signed, proof they are licensed to collect in your state, provide me with your license number and registered agent, proof they own this debt, cancelled check to show what they paid for it. damand that there office provide you with competented evidence.

Internally in house reports are not proper validation.

an affidavit of ownership and sale of claim without a cancelled check is not proof and this by itself is not proof.

do not sign your name on any letter you send them, they will scan it and place it on a contact

i'm not an attorney, its best to get ones advise,
good luck

Ann, sent them a letter and have them sign for it.

have then send you a copy of the original contract, all original media on file, all charges on a line by line basic, to show you how they arrived at the amount owed, all charge slips that you signed, proof they are licensed to collect in your state, provide me with your license number and registered agent, proof they own this debt, cancelled check to show what they paid for it. damand that there office provide you with competented evidence.

Internally in house reports are not proper validation.

an affidavit of ownership and sale of claim without a cancelled check is not proof and this by itself is not proof.

do not sign your name on any letter you send them, they will scan it and place it on a contact

i'm not an attorney, its best to get ones advise,
good luck

Ann, sent them a letter and have them sign for it.

have then send you a copy of the original contract, all original media on file, all charges on a line by line basic, to show you how they arrived at the amount owed, all charge slips that you signed, proof they are licensed to collect in your state, provide me with your license number and registered agent, proof they own this debt, cancelled check to show what they paid for it. damand that there office provide you with competented evidence.

Internally in house reports are not proper validation.

an affidavit of ownership and sale of claim without a cancelled check is not proof and this by itself is not proof.

do not sign your name on any letter you send them, they will scan it and place it on a contact

i'm not an attorney, its best to get ones advise,
good luck