Have a developmentally disabled friend, about age 13-15 depending on topics discussed and he can't do simple math. He is continually contacted about a debt he doesn't owe by a company that uses many names with the word Midland in their title. Midland has been trying since 2005 to harrass him into signing something saying he will pay. They have made numerous phone calls trying to get him to admit oweing the debt.
Fortunately, he used to hang up when he didn't recognize who was calling. Their reps have insinuated they are from a legal office, even when they weren't, and claimed he was required to speak to them about the debt.in late 2005 he asked me for help and since I hadn't ever heard of such a thing happeneing to someone with the mind of a child, I agreed.
I immediately sent a nice letter of response to explain his plight, that he suffered ID theft, retardation, and also only had an income from social security $509.00 per month. They first tried to deny talking to me but eventually did. Then they asked for written information to prove my claims were true, so I complied.
I sent them proof of his disability since birth and proof of his tiny income and proof of past ID theft. They still didn't quit harrassing him.in fact, they began using his disability against him on the phone when he'd answer. The phone calls got so rude and so bad I put his phone into my own name and unlisted the number. When they couldn't reach him by phone anymore they began sending more through the mail. They have sent letters to him claiming his credit will be effected for life.
In October just days before my appeal to become his legal guardian was approved they were able to get a garnishment against him and attempted to take $198 per month from a man who only gets $509 per month to live on! You might think that social security benefits are untouchable but that is only until they are deposited into the bank. Once they enter the bank a garnishment can take place and it WILL! You never will get a dime back that they steal.
I was able to prevent them from getting any money in October because his bills had already been paid for the month and he had only $5 in his account. The bank said the company had tried 2 times and weren't allowed to try again until next month. My friend got stuck with 2 bounce fees by Bank of America because of the garnishment attempt. I am still trying to figure how they ever got the garnishment through without he or I being notified. It was the bank that called me after the 2nd attempt in October, otherwise I wouldn't have known until it was too late.
In the meantime, I was approved by the State of Washington as his legal guardian and therefore could protect his interests and speak on his behalf. On November 1st 2007 I was able to get the Superior Court of Washington to find him judgment proof and the charges (bounce fee's) at the bank were dropped, the garnishment was stopped. After I stopped the garnishment, got the court to deem him judgment proof and had legal docs showing I was now his guardian and they should cease all contact with him, I thought it was over. I sent all this to the Law Office of Daniel P Gordon in Oregan who was representing Midland Funding LLC, inc. At the time of garnishment.
Only after I got an attorney and had her contact Mr Gordon and his office, did he promise to stop attempting garnishment. I was promised verbally that the contact from Midland would stop and there would be no more contact in the future.
Well, that has only been partly true, they quit writing for a while but they continued contact via my phone. It wasn't the same law Office that we stopped in court but it was still Midland and it was still for the same debt.
The last time I spoke to a rep from Midland I was accused of being the person who 'stole his ID' for my own gain! I was so furious and insulted. I only wish I couold have recorded the call. Since that time I too have begun hanging up on Midland. I don't even try to explain it anymore. I figure they can just shove it. There is nothing they can take from him and they are just wasteing my time calling me for something they will never gain.
The only thing I am required to do when they write a letter is to send a registered letter back within 30 days claiming the debt is invalid and why. They usually stop all contact for several months and then start up again with letters under one of their numerous alias's. They use a differant one with differant addresses each time. They also sign with a PO BOX address so I am forced each time to call the 1 800 # and sit on hold until I can get an unsuspecting operater to give me their actual mailing address. Otherwise, I can't send it registered and then I have no proof we responded in a timely manner which just opens up all their arguments against him again.
I don't get paid for being his guardian and I don't have money for attorneys but I have become well versed on the ins/outs of dealing with this company and I have seen other companies operating the same way. They know the debt is invalid and they know they are harrasssng people but when they do it long enough and pressure the elderly or disabled enough I see that they have a HIGH success rate in recieving part or all of their money. Once you sign something, get bullied into negotiating a settlement or ignore them then they have you!
They make a great deal of money at this and that is why they continue. We must fight back and get the laws changed. These practices used to be illegal but in the last 10 years almost all protection for the consumer has been lifted and these companies are running great profit.
Getting back to the most recent contact from Midland. My friend recieved a notice in the mail on Feb 19th for the debt we already had him deemed judgment proof on. This letter was a new style and it claims he could pay just 60% of the entire debt or he could make $298.43 payments monthly (remember his income per month is far less than $600) and recieve 20% off entire debt or he could just pay $50 per month and pay off the entire debt without discount. This latest letter was addressed from MCM, inc. Po box 603 Oaks, PA. 19456 but they want his payments sent to Midland Credit Managment, inc. PO Box Los Angeles, CA. 90060-0578
They are truely scammers. Watch out and be sure to investigate thoroughly before you agree to anything with them. Thanks for reading and feel free to comment if you'd like some feed back or a copy of the standard letter I use to dispute an invalid debt. It works with ALL creditors. I also have court docs and records of the case we won in 2007 against the garnishment by the law office on behalf of Midland.
I have 2 other experiances with him suffering at the hands of a mortgage company and also a law office out of Mercer Island WA. Who was representing Capitol One Visa cards. The mortgage story includes forged signatures on the house his grandma left him and a payment each month that far exceeded his income...???
We are still fighting the mortagage but we alreadt won the Capitol One debts!: o) Long write. I will do it in near future.
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