Ok- Need some Credit experts help on a bill not ours

[tarheel618]

Today, I received a letter in the mail from Midland credit Management Inc based in San Diego CA claiming we (listed in my husband's name) owe an old bill for GE/JC Penney. We have never had an account with this company. I pulled our credit report ( just pulled 1 equifax) and the debt isn't listed there, so that is a relief.

I don't know what to do. I know this isn't our debt but my husband is a Jr and I don't know if the original debt was my FIL. Our credit score is really good and I don't want anything to ding it.

I googled to see if this is a legitimate company and it seems it is. I read comments from other people that said that the same thing happened to them (not their debt) but it then ended up on their credit score.

It seems that all request to prove the debt had been disregarded by the company.

I don't want to call them because I've heard that sometimes they will fish for information and then switch information to attached the debt to you. At the bottom of the letter it states " the law limits how long you can be sued on a debt. Because of the age of this debt, we will not sue you or report it to any credit reporting agency.

Do I ignore it? Since I know its not our debt (I think I read somewhere that making contact starts the clock on old debt, which shouldn't be a concern for us because its not ours but if the reviews I read are true then it sounds like it will be attached to us anyway)
So I need help- what do I do?

So sorry Im rambling but I'm feeling overwhelmed with dealing with something we didn't cause.

 

[davedmaine]

Contact an attorney (no need to ask for legal advice on a Disney forum)

 

[MomToOne]

You do not need a lawyer for everything in life.

First, you might want to spend some time researching the statute of limitations - it sounds like this may be zombie debt, in which case you may just want to send them a letter stating they need to cease and desist all contact per the FDCPA.

If it's not zombie debt, in a letter (send it certified with return receipt), you can dispute the debt and demand they produce validation of it - do this within 30 days of them first contacting you or you lose a lot of rights. They then have 30 days after receipt of your letter to produce verification of the debt. If they don't validate it, then file a complaint against them and send them another letter to cease all contact. If they don't, then engage an attorney to write a nasty-gram or two for you.

Either way, continue watching your credit report carefully to make sure they don't put it on there. If they do post it, contact the credit bureaus and dispute the debt with them to get it removed.

Contacting them does not restart the clock on old debt, acknowledging the debt or making a payment does.

http://www.consumerfinance.gov/askcfpb/search/?selected_facets=category_exact:debt-collection

 

[seashoreCM]

You have all the rights about disputing a debt with a collection agency as you have with the original creditor.

Most of the time the collection agency has less information on hand to prove that the debt is valid and that works in your favor.

Do not offer to settle the debt. Do not make any payment to them just because they demand it.

 

[NewRVLady]

OP- please Google this company with " reviews" after name

They seem to be a scam operation claiming people have debts that they don't
Personally- I would tear it up

 

[seashoreCM]

Your first letter can simply dispute the debt, saying nothing more.

Do not tell them about yourself such as how old you are or where you lived over the years.

 

[tarheel618]

I know its not our debt.

Ugh paying for an attorney for something that isn't mine is crazy and how do I recoup that money?

From googling it sounds like they NEVER acknowledge validation letters. So I feel like Im going to get raked over the coals for something we didn't do.

 

[tarheel618]

You do not need a lawyer for everything in life.

First, you might want to spend some time researching the statute of limitations - it sounds like this may be zombie debt, in which case you may just want to send them a letter stating they need to cease and desist all contact per the FDCPA.

If it's not zombie debt, in a letter (send it certified with return receipt), you can dispute the debt and demand they produce validation of it - do this within 30 days of them first contacting you or you lose a lot of rights. They then have 30 days after receipt of your letter to produce verification of the debt. If they don't validate it, then file a complaint against them and send them another letter to cease all contact. If they don't, then engage an attorney to write a nasty-gram or two for you.

Either way, continue watching your credit report carefully to make sure they don't put it on there. If they do post it, contact the credit bureaus and dispute the debt with them to get it removed.

Contacting them does not restart the clock on old debt, acknowledging the debt or making a payment does.

http://www.consumerfinance.gov/askcfpb/search/?selected_facets=category_exact:debt-collection

I have no idea if it is a zombie debt or not as its not mine originally. Any idea how to find this out but then again why would I need to know if it was or not.

The letter says we must respond by Nov 8.

 

[LorieDisneyLover]

You say you KNOW it's not your debt and it's NOT on your credit report. If you truly were behind on a payment to this company wouldn't it be on your credit report?

 

[tarheel618]

You say you KNOW it's not your debt and it's NOT on your credit report. If you truly were behind on a payment to this company wouldn't it be on your credit report?

I agree- also in googling- Ive seen where they took people to court. I just want this to go away. Im afraid that if I ignore it then it will even be a bigger mess down the road.

I was hoping someone else had first hand experience in this

 

[RitaE]

If you Google most Collection companies you'll find a bunch of information about them being a scam because it is a scam ridden messy business. That doesn't mean that every debt they're trying to collect is false, it's just the nature of their business.

Google Dispute Debt FDCPA and you can find legal templates all over the place. Don't give them any information such as a birthdate or a social security number. They have to provide information, not you. Don't give them a phone number either. The burden of proof is entirely on them. You don't have to tell them anything other than you require them to verify the debt. Don't talk to the on the phone if they do dig up a phone number. Keep everything in writing with return receipts on your mail.

If they do bother to respond to a Verification request then simply dispute their claim. I dispute the debt because I am not the person listed on the contract who owes the debt. Then you can notify them that you are exercising your right to require them to Cease and Desist further communication with you regarding the debt.

At that point they can either take legal action (which they can't anyway because it sounds like the statute of limitations has passed and they know it) or they can go away.

If it shows up on your credit report and you can prove they were provided notice that it is not your debt and/or that the debt is past the legal window, then you get to sue them.

 

[tarheel618]

If you Google most Collection companies you'll find a bunch of information about them being a scam because it is a scam ridden messy business. That doesn't mean that every debt they're trying to collect is false, it's just the nature of their business.

Google Dispute Debt FDCPA and you can find legal templates all over the place. Don't give them any information such as a birthdate or a social security number. They have to provide information, not you. Don't give them a phone number either. The burden of proof is entirely on them. You don't have to tell them anything other than you require them to verify the debt. Don't talk to the on the phone if they do dig up a phone number. Keep everything in writing with return receipts on your mail.

If they do bother to respond to a Verification request then simply dispute their claim. I dispute the debt because I am not the person listed on the contract who owes the debt. Then you can notify them that you are exercising your right to require them to Cease and Desist further communication with you regarding the debt.

At that point they can either take legal action (which they can't anyway because it sounds like the statute of limitations has passed and they know it) or they can go away.

If it shows up on your credit report and you can prove they were provided notice that it is not your debt and/or that the debt is past the legal window, then you get to sue them.

I don't care about suing them, I just don't want something on my credit report. I've been reading over at the credit board and this sounds like a nightmare. Will prepare a validation letter. The only thing that gives me hope that this will go away quietly is the part on the the letter that says " we will not sue you for it and will not report it to any credit reporting agency" This makes me think that whatever this debt is- it must be really old.

I letter has my husband's name with out the Jr on it but it does have our address of course.

 

[kuhltiffany]

Did you ask your FIL about it to see if it's his?

 

[Kellydelly]

I think you are walking right into their trap . You don't owe the money so why give this random notice any credence?

 

[Planogirl]

I wouldn't bother with an attorney until something actually seems to come of it.

How old is the debt? A collection will only stay on a report for 7 years past first date of delinquency that preceded the collection. Of course, different rules apply to a court action. I would do some research for statute of limitations to see if they can even try to collect.

You could send a validation letter (or even call them) but I wouldn't provide them any more information than what they already have. As for who they are, they might create fake accounts but I do know for a fact that they also handle real accounts.

 

[tinkerone]

my thought would be that this company has pulled up as many people with your dh's name as they can find and sent that same letter to them all in hopes the right person would contact them.

we had this happen to us but through phone calls. we just kept getting phone calls about debts that had nothing to do with us. I never gave any information, what ever you do keep your mouth tight. I just kept telling them it wasn't for us, we were not the party they were looking for. finally I had someone call who was nice and I asked why they thought it was dh who had this debt. the woman told me they didn't know if it was him or not, that they picked all the people listed in our area with his name and just called them all, put the pressure on that way. after hearing that I changed our name in the phone book to read both of our initials and only initials. have never had a call since.

you can call them and tell them they have the wrong person and then I would ignore anything else they send.

good luck, hope it works out.

 

[tarheel618]

my thought would be that this company has pulled up as many people with your dh's name as they can find and sent that same letter to them all in hopes the right person would contact them.

we had this happen to us but through phone calls. we just kept getting phone calls about debts that had nothing to do with us. I never gave any information, what ever you do keep your mouth tight. I just kept telling them it wasn't for us, we were not the party they were looking for. finally I had someone call who was nice and I asked why they thought it was dh who had this debt. the woman told me they didn't know if it was him or not, that they picked all the people listed in our area with his name and just called them all, put the pressure on that way. after hearing that I changed our name in the phone book to read both of our initials and only initials. have never had a call since.

you can call them and tell them they have the wrong person and then I would ignore anything else they send.

good luck, hope it works out.

that could be- we have a VERY common last name. To the other poster who asked if I called my FIL- no I didn't- he lives across the country from us and is very elderly. If I am freaking out about this, I don't want to upset him too.

Even IF it was his debt- we shouldn't be getting the letters regarding it and that is the problem I want to address

I did pull our credit report and there is nothing on it regarding them- our score is still high and it shows nothing in the delinquent area.

 

[Shelly F - Ohio]

You only pulled one credit report. I would pull another one from another company to be safe. I would also called JC Penny and ask about it. They need to investigate because it could be a scam that they need to be aware of also. This is the day and age where scams run high. If you pull another credit report and its not on there then don't worry!

 

[Jedimom]

I guess I don't understand the worry over your credit report. *IF* they happen to report you to the credit bureau, at that point you simply dispute it with the credit bureau folks, who are required by law to remove it from your credit report if the creditor can't validate the debt is yours.

 

[IBelieveInTheMagic]

You do not need a lawyer for everything in life.

First, you might want to spend some time researching the statute of limitations - it sounds like this may be zombie debt, in which case you may just want to send them a letter stating they need to cease and desist all contact per the FDCPA.

If it's not zombie debt, in a letter (send it certified with return receipt), you can dispute the debt and demand they produce validation of it - do this within 30 days of them first contacting you or you lose a lot of rights. They then have 30 days after receipt of your letter to produce verification of the debt. If they don't validate it, then file a complaint against them and send them another letter to cease all contact. If they don't, then engage an attorney to write a nasty-gram or two for you.

Either way, continue watching your credit report carefully to make sure they don't put it on there. If they do post it, contact the credit bureaus and dispute the debt with them to get it removed.

Contacting them does not restart the clock on old debt, acknowledging the debt or making a payment does.

http://www.consumerfinance.gov/askcfpb/search/?selected_facets=category_exact:debt-collection

my thought would be that this company has pulled up as many people with your dh's name as they can find and sent that same letter to them all in hopes the right person would contact them.

we had this happen to us but through phone calls. we just kept getting phone calls about debts that had nothing to do with us. I never gave any information, what ever you do keep your mouth tight. I just kept telling them it wasn't for us, we were not the party they were looking for. finally I had someone call who was nice and I asked why they thought it was dh who had this debt. the woman told me they didn't know if it was him or not, that they picked all the people listed in our area with his name and just called them all, put the pressure on that way. after hearing that I changed our name in the phone book to read both of our initials and only initials. have never had a call since.

you can call them and tell them they have the wrong person and then I would ignore anything else they send.

good luck, hope it works out.

You've received great advice. This is all my advice ^^^^ and what I would have stated to you. I especially agree with the thought that it's what we call a "wrong party contact" and they've likely done skip tracing on the name and sent to several people with the same name in hopes of locating the true cardholder. I honestly wouldn't just ignore it and by contacting them you aren't giving away any rights and I know there are scams out there but there are many more valid collection agencies or attorneys collecting for their clients that legitimately owe money. This happens all the time so I'd contact them to advise them of just that - they've sent it to the wrong person as you guys don't owe the debt. The tricky part - they'll likely need you (or your husband) to verify information like the last four of the SSN or year of birth and this is where it falls apart - lol. Naturally people in your position don't want to release any information and I totally get that. They really need to validate it's not you and for example if you guys gave year of birth 56 and they have 64, then clearly they know it's the wrong person.

If you aren't comfortable doing that - just tell them and see what they can do. If it doesn't work by phone, then I suggest sending a letter and if you get really desperate you can go through the CFPB where they (agency or attorney) are required to respond to you within a certain amount of days.

Good luck!

Heather