800-282-2644
Jay
Jay
2014-04-03 19:16:30
Debt Collector
This is the number to MCM (Midland Credit management) out of San Diego, California. They're among many bottom feeding collection agencies that go after old/statute barred debt using semi-legal tactics harassing people in hopes of scoring anywhere from 20 to 30 cents on the dollar. Of course once any payment is made, the entire debt's clock resets to day 1 and then they come after the rest using the courts. Just block their number. If your debt is passed the statue of limitation, there is nothing they can do.
Elaine
Elaine
2014-03-19 00:44:48
Unknown
I didn't receive a phone call, but got a letter saying I owed a past due debt for almost two thousand dollars , from a bank located in Georgia. Funny I never heard of this place, and I have lived in Idaho for over twenty five years. Says they are willing to take only two hundred dollars to settle the debt in full, at a ninety percent savings. wow what a deal, not. This letter seems all of a scam to me.
Don
Don
2012-03-17 05:30:29
Unknown
Those credit collection agenciy's buy list from banks and companies of people that have unpaid accounts'the credit collection agency's pays a small fee to buy these list of names' what ever they manage to trick people to send them is all theirs to keep' in otheir words the bank or company you owed has given up on you so they sold your namr on a list of names to these crooks. These credit collectors has No Legal rights to be able to sue you or garnish your wages' they will or may try to trick you thinking they will take you to court' But they can't'  they are helpless' so don't even waist your time or money with these crooks. Ignor them they will soon go away' but if you communicate with them they will think they have to scared and will continue pestering you in hopes of you sending them money' if they call hang up, Ignor all forms of communication with them they will soon give up.
LegalLarry94040
LegalLarry94040
2012-02-23 02:50:18
Debt Collector
CALIFORNIA CONSUMER LAW FIRM THAT DEALS SPECIFICALLY WITH MIDLAND CREDIT MANAGEMENT.

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http://www.creditinfocenter.com/repair/How2FindACreditor.shtml

http://www.creditinfocenter.com/forms/sampleletter9.shtml

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Debt Validation - The Ultimate Weapon Against the Collection Agencies

Last Updated: March 8, 2011

If a collection account comes into your life, you've heard about it in one of 3 ways: a listing on your credit report, a telephone call from a collection agency or a letter in the mail.

You could try to use debt settlement methods to deal with a collection agency, but you might want to try debt validation first - best defense against these collections is often debt validation. Why? Because the collection agency may not even be legally entitled to collect the debt from you. What is debt validation?
A Tale of You, Joe, Bob and Money Borrowed

Let's say you borrowed money from your friend Joe. Joe would be the creditor of this debt, the original creditor. Let's say some time has gone by and you think you might still Joe money, though you're not sure how much.

One day, a guy named Bob comes up to you and says he is collecting the money you owe Joe. Bob is acting just like a collection agency for a credit card company would. Think about it - having never met Bob before, would you just hand over the cash to him? No. Or at least I hope you wouldn't. You should have these questions for Bob:

How do you know that Bob is actually collecting for Joe? What legal documents does Bob have to prove that he is legally authorized to collect?

How much is the actual debt? What payments have already been made on the account? Where is the accounting of the debt, including all interest and fees? Are these fees and interest amounts legit?

Do you still really owe Joe the money? You remember borrowing money from someone else, your friend Sam, at the same time. You also remember paying one of them back the next day. Is this debt the one you borrowed from Sam or Joe? Where is the contract showing the terms of the loan with Joe and the one from Sam? At the very minimum you should call Joe or Sam on the phone to ask about the loan.
You should have the same thoughts about a collection agency who sends you a bill for a debt you may or may not owe.

Don't Panic - Think of Our Example

If you receive a phone call or a letter from a collection agency, your first reaction may be to panic. Calm down and analyze the situation. Keep all the fancy language and legal terms out of the attempts by a collection agency to collect. Think of what you would ask Bob in our example. If you do, you'll know exactly what to ask a collection agency (Bob in our example) to validate a debt.

(If you are wondering how a collection got on your credit report in the first place, read this).

The Fair Debt Collection Practices Act

Debt Validation is a legal procedure which is spelled out by the Fair Debt Collection Practices Act, or FDCPA.

It matters if the listing is from the original creditor or collection agency

The FDCPA does not cover collection tactics employed by original creditors (like credit card companies who issue credit cards). It only governs the actions of a debt collector (collection agency). Let's look at the definition of these two groups as defined by the FDCPA.

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]
§ 803. Definitions [15 USC 1692a]
As used in this title --
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
What does that mean? It means that, as far as the FDCPA is concerned, a creditor is the original entity which loaned money to a consumer. It is not a collection agency. The definition of a debt collector is as follows:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]
§ 803. Definitions [15 USC 1692a]
As used in this title --
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

So when a collection agency is assigned, or has purchased, your debt, they are NOT the creditor. They are the debt collector and the actions they take are all governed by the FDCPA.
What if the person asking you for the money, "Bob", is a lawyer?

Under the FDCPA, even if Joe hires a lawyer or law firm to collect a debt from you, the lawyer or law firm is still considered a collector and must adhere to the FDCPA.

What does a debt collector need to provide as debt validation?

Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.

At a minimum, some account statements from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt? What fees/interest Bob has tacked on to this debt and how he determined these fees?)

This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

Copy of the original signed loan agreement or credit card application. (Your contract with Joe establishing the debt between you.) However, account statements from the original can fulfill these requirements.

What Bob gets out of the deal.

It use to be that in most cases, creditors assigned, not sold, its debts to a collection agency. But not any more.

Creditors hire collection companies (like Bob) to collect debts for them, because they simply don't have the time or resources to chase down all of their severely overdue accounts. Collection agencies have cheap labor and a streamlined system to pursue such accounts. When a creditor hires a collection agency, the debt has been assigned to the collection agency. If a collection agency is successful at collecting the money on the account, they usually keep a percentage of what is collected as payment for services.

Original creditors sometimes sell debts in large portfolios to collection agencies. This is starting to be the norm, and several of these companies, called Junk Debt Buyers (JDBs), are now being traded on Wall Street.

The companies do not spend much money at all for these debts, sometimes paying less than 1 cent on the dollar.

Even if the debt is not a large debt, they often hire attorney to send out mass form-letters to debtors in the hopes of collecting. As you can see, even if they get a small percentage of the debtor to pay, profits are enormous. For more on JDBs, you can read our article here.

Assigned or purchased debt (How do you know Bob is the right guy to pay?)

Why should you care if a debt is purchased or assigned? In an assignment, the collection agency does not own the debt, and therefore you do not technically owe them any money. There is no way for a collection agency to prove that you owe them money because there is only an assignment of the debt and not a contract between you and the creditor.

One loophole: Some contracts have the wording "debtor agrees to be responsible for payment of this debt to creditor OR ITS ASSIGNS." This IS a contract between you and the debt collector as well as the creditor and if they can provide you with a copy of a contract that states this (with your signature!), you are pretty much stuck and need to negotiate.

What if the collection agency (Bob) proves they purchased the debt? Is he now the original creditor and no longer subject to the FDCPA?

If they do purchase the debt, this does not make them the original creditor. They are still a debt collector and covered by the FDCPA.

Continue to treat any collection agency, junk debt buyer or law firm who says they own the debt as a collection agency subject to the FDCPA. You can still request validation and proof of the purchase, because if they can't validate it, the collection agency can't prove you owe the debt. Often a JDB will tell a consumer that since they purchased the debt, they are not subject the the FDCPA. It's simply not true.

The Right to Validate Your Debt:
Under the FDCPA, you are allowed to validate this debt, and the creditor (in this case, the collection agency) must show you proof that you owe the debt to the collection agency (not to the original creditor.)

The specific section of the FDCPA:
FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Plus, they must show proof positive that you owe them this debt. It's not enough to send you a computer-generated printout of the debt. There is an opinion letter from the FTC to back this up:
http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Nor can they ask you to pay for digging up records of your debt:
http://www.ftc.gov/os/statutes/fdcpa/letters/krisor2.htm

So, if a creditor can't validate a debt:
They are not allowed to collect the debt,
They are not allowed to contact you about the debt, and
They are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation of the FCRA, and the FCRA states that you can sue for $1,000 in damages for any violation of the Act.
The opinion letter from the FTC which clearly spells out that a collection agency CANNOT report a debt to the credit bureaus which has not been validated:
http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

It also states that you can sue in federal or state court. So if you have them on a violation, then you have damages of $1,000 for the incident plus damages. Small claims court, anyone?

When a collection agency responds to your request for validation with a summons to appear (meaning they are trying to get a judgment against you)

I've heard from my readers that some collection agencies are starting to respond to validation requests with summons to appear in court. There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case:
Spears vs. Brennan

The appeals court determined:
"Brennan (plaintiff collection agency attorney) violated 15 U.S.C. § 1692g(b) when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears."

This means that you have an absolute defense in court to deny them judgment if they still have not validated the debt. Once you get your FDCPA dispute letter in, the collector cannot even get a judgment until they satisfy the FDCPA law. The appeals court overturned the default summary judgment in part because the collection agency lawyer did not meet the rules of the FDCPA.

This could be grounds for getting a default judgment vacated. It's also another violation of the FDCPA and you can collect $1,000 from them.

The Debt Validation Strategy
It might be helpful to look at our illustration of the process before you get started. You might also want to read this, sort of our own "validation" of the process given here.

Dispute the collection with the credit bureaus.

Look up the Statute of Limitations (SOL) on the debt. If the debt is past the statute of limitations, send them a letter informing that they are trying to collect "zombie debt". This is debt which is too old to have any legal liabilty for a consumer. Here is a sample letter for this.

If the collection agency does not remove the listing after you point out the SOL, sometimes your only remedy is to sue them.

If the debt is not past the statute of limitations, send a letter requesting validation to the collection agency (our buddy Bob in the preceding example). If you don't know the address of the collection agency, here is a tip to help you find it.

Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. Only a letter which includes one of the following:

Proof that the collection company owns the debt/or has been assigned the debt,

Copies of statements from the original creditor

Copy of the original signed loan agreement or credit card application
is satisfactory.

If they haven't sent you satisfactory proof, and are still reporting this on your report, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

If they do provide a contract with a signature from the original creditor showing that you owe the debt, there is one more thing you can try: see if they are legally licensed to collect the debt in your state. Here is a good site to begin your search.

Not all states require licensing, however. Here's a little cheat sheet (Word Doc) to see what the collection licensing laws in your state are. It's got other handy dandy state law information as well.

If you believe that they are not licensed, and licensing is required in your state, write them another letter and tell them they are in violation of your state's collection laws and are subject to prosecution and fines.

Cite your state's fines and procedures in the letter. This is a last ditch effort, but has worked in some cases.

Typically, your work will stop here, as most collection agencies will bow down to your demands and send you a letter agreeing to remove the listing. Now all you have to do is send a copy of the letter to the CRAs.

If the collection agency did not agree to remove the listing, then you need to continue to the next steps.

File a lawsuit in small claims court against the collection agency on the basis of violating the FDCPA.

Have the papers served to the collection agency. (You can find a paper server on the internet for about $25). Here is a good link: http://www.1-800-serve-em.com/servicemap.html
In the meantime, in a parallel effort with your lawsuit against the collection agency:
If the collection comes back as "verified" from the credit bureaus, you now have proof of further collection activity from the collection agency. (The assumption is that the credit bureau contacted the collection agency to verify the debt.) Since the collection agency did not validate the debt, further collection activity is a violation of the FDCPA.

Contact the credit bureaus, and tell them that the creditors did not verify the debts under the FDCPA, and send copies of your proof. Request the method of verification, which is your right under the FCRA. It is crucial to contact the credit bureaus before filing a lawsuit. Make sure you state that the collection agency did not respond to your request for debt validation.

You can try sending them this letter to see if they will budge. They may tell you that the request needs to come from the creditor. This is baloney. If they can't give you reasonable information on how they verified the information and the collection agency has provided you none, you can conclude there was no reasonable investigation performed. Theyare teetering on the edge of "willful non-compliance" under the FCRA. Tell them so.

File a suit in either small claims, state or federal court. The basis of the lawsuit should be that the credit bureaus could not provide a satisfactory method of verification, or did not conduct a reasonable investigation.

Have the papers served. (You can find a paper server on the internet for about $25). Here is a great link where you can search for the local office of the credit bureau near you. http://www.llrx.com/columns/roundup14.htm

Notify the bureaus that you are suing them. You can use this letter. The credit bureaus will call the creditors and find out that there is a question about whether the debt is legitimate. They should delete it immediately. If you want more legal ammo, you might also try looking up similar cases to cite. We have a list of online resources here.

I hope these tips have encouraged you. Good luck on pursuing financial freedom!

DATE/TIME: WEDNESDAY, 22 FEBRUARY, 2012  @18:50
Make these guys show you proof
Make these guys show you proof
2012-02-22 10:56:54
Unknown
Make these guys show you the POD (proof of debt).  Something like a contract with your name on it that you signed.  Check the statute of limitations on the "alleged debt"!  You do not have to play their game.  Make these guys correspond in writing ONLY!  Anyone can purchase your accounts with your personal information that includes your entire credit history for the past twenty years if they are willing to pay for it.  Identity theft is a serious problem!  The greedy industry is going to have problems because of the ease of personal information that is being sold by private companies.  Don't ever send your social security number or any other personal information over the phone.  Lines are easily tapped!  People do listen in.
Erin
Erin
2012-02-07 23:37:48
Debt Collector
I received a letter from this company looking to collect on a credit card account.  A credit account I had disputed with all three credit agencies MULTIPLE times over the last 2 years for fraudulent activity.  I have also contacted the credit card company and disputed it.  I have been assured over and over it was taken care of.  When I called Midland Credit Management, I again attempted to dispute the account.  I explained that the name on the account is a name I have never gone by.  I was told by send in a copy of my social security card and driver's license, along with a statement saying that's not my name.  Yeah, right.  I'm just gonna keep on fighting it with the credit agencies.  No thanks!
What kinda SCAM is this?
What kinda SCAM is this?
2012-01-13 00:23:03
Debt Collector
MCM aka Midland Credit Management Inc has a PO Box 603, Oaks PA 19456.  If you send a check, send to a different PO Box 60578 Los Angeles, CA 90060-0578.  For correspondance, send to 8875 Aero Drive Suite 200, San Diego CA 92123?  This debt is several years old!  I am sure that the statute has ran out on these guys.  I do not know why they continue to waste postage!  It is only going to the gargabe!
dee
dee
2011-12-02 09:43:42
Unknown
they are doing the same thing to me now I looked over my credit report and dont see the account or amount that they are asking for on my creedit report it must be from over 7 years ago????? what do I do?
dee
dee
2011-12-02 09:41:27
Debt Collector
I think these people just went back 8to 10 years into my credit history I dont even see what they are talking about on my credit report is that legal?


there using a p.o. box address based out of  pensylvania now
phone number is 18002822644 which is still the same number just different address p.o. box now
Dee
Dee
2011-12-02 09:37:55
Unknown
I think these people went back 9 years into my credit history and just now calling about it is that legal?
FDCPA
FDCPA
2011-09-22 06:49:17
Unknown
There have been several instances where the name of the supervisor/manager is asked, they hang up. Knowing our rights will intimidate them instead. Midland credit Management is a third party debt collection agency collecting on very old/delinquent debts.  Several other names apart they also collect on debts that are not even owed, i.e its usually a case of identity theft. Debts that are very* old very well pass over the statute of limitations and cannot be collected unless a payment is started off again or the consumer accepts he owes the debt. As per Federal law, there are many rules they've got to follow and are clearly not. From the above mentioned, if you tell them you are recording their calls and they don't consent, they've got to discontinue the call.If they don't it means they are agreeing to it. Having such knowledge(the FDCPA) http://www.yourcollectionrights.com will help everyone better.Report them, don't give in to their unfair means.The FTC, credit bureaus, your state attorneys. Anything can help.But before be in the know of your rights.don't let them get away with anything they are not supposed to.
www.thezeitgeistmovement.com
www.thezeitgeistmovement.com
2011-09-16 01:13:26
Debt Collector
Got a letter in the mail from Midland Credit Management Inc.  They are going to have a tough time collecting since I lost my job 2 years ago.  Found out that they were attempting to collect a debt for Chase Bank USA NA. Sorry but the statute of limitations have already ran out on that "old debt"!  In California, it is 4 years!   Have you seen www.thezeitgeistmovement.com or are you familiar with the movement?  If not, stop doing business with Chase, Bank of America and Citibank!  These people and their collection agencies are attempting to put the "American" people out of business!  Don't file for bankrupcy until the banks do not get any more bailout money and golden parachutes!
18002822644
18002822644
2011-08-28 12:55:58
Debt Collector
Is this the same MCM that operating out of San Diego with several other post office boxes around the country?  YES SIR!!!!!!!  When you ge this call or letter, be sure to get the name of the "collector (AKA SCAM ARTIST)", supervisor's name, post office boxes, physical address, business license number, CEO's name, local number, 800 number and any other pertinent information that you can report to the federal agencies (FTC)!  These people operate off of GREED!  Federal and state guidelines are often severely VIOLATED and broken!  Do  not be intimidated!  Get a recording device and make sure they follow the LAW!!!!!!!!!!!!!!!!!
department of justice.. your state
department of justice.. your state
2011-07-27 19:14:05
Unknown
Mcm no correspondence, dept 12421, p.o.box, 603, oaks, pa. 19456, et.,al. Midland Credit Management, inc. P.o.box 60578, Los Angeles, CA.  90060-0578..   Trying to collect on paid off debts of six - 10 years old.
Richard
Richard
2011-06-09 17:32:03
Unknown
I receives a collection letter today for my father (who died in 1999), when my father passed away he was debt free, home, auto, was all paid for and he owed nobody a cent. I called these people and accused them of just looking through the phone book and sending false bills out hoping to scam some money. They would not provide any information on the "account" in which I told them I was contacting my attorney general for an investigation. They then decided to remove my fathers name & address from their records immeaditly. I will still contact the attorny general
Mike
Mike
2011-06-06 20:57:28
Unknown
I was called by Devina Parker.  They were supposed to be calling me about 286 dollar collection on my Aspen mastercard.  I don't have one but I did not tell her.  She gave me a ssn that wasn't mine either. I gave them no info I just asked for their number to report to the athorities.  She gave the 1-800-282-2644 number and a name Devina Parker of Midland Credit.  I think they are just out to collect bad debt and get a share?  Who knows it wasn't me so I'm not going to give them any info.
Doug
Doug
2011-04-13 23:26:16
Debt Collector
I called them yester day they would not allow me to tape them said they were collecting for columbas bank and trust . called columbus they said i never had acont with them they just made the plastic for certian cards they are bottom feeders they will get nothing from me accept a letter to the state of az
Canuck
Canuck
2010-12-10 02:57:44
Debt Collector
I just got a letter in the mail from this agency.  I made the mistake of logging onto the website they provided, all they want is credit card information / bank information, which I DID NOT provide, nor will I.  I would be interested to see how they handle a call and an offer of less than 50% provided they meet a couple of conditions.  How they got my home address, when all they had on the website is my mailing address is beyond me.  Time will tell, when I call them in the morning, and give them my offer, and conditions.  

If any one has negotiated down with them,  please let me know the results.
Jill
Jill
2010-02-11 17:24:57
Unknown
I forgot to add that the call was madeby a man identifying himself only as "Roger", no last name.
Jill
Jill
2010-02-11 17:23:16
Unknown
I received a call from this number asking for a man who is  a former in-law of mine. I didn't tell the caller my connection to the person he asked about but said only that I knew him. I asked what the call was about and he wouldn't say other than it was a "personal business matter". I looked up the number here and found out it was from what appears to be  a collection agency. Why this agency has *my* phone number listed as my former in-law's number I don't know other than he doesn't want to be found. I told the caller I'd pass along the message (and I won't because I don't have a number to contact him anymore) and that was that.
middy
middy
2008-06-13 14:32:14
Unknown
Here is attorney who screws up your credit, she is also a major stockholder.
Encore Capital Group, Inc./ dba/Midland Credit Management, Inc.
Robin Ross Pruitt, House Attorney, x4651
8875 Aero Drive Suite 200
San Diego, CA 92123
Phone: (858) 560-2600
Toll Free: (877) 445-4581
Fax: 800-306-4443
Thomas
Thomas
2008-05-31 23:49:58
Debt Collector
# belongs to "Midland Credit Management"
1-817-283-0365 1-949-286-3973 1-504-466-2658
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