I received a phone call from someone who had received a summons in court served to their residence. I went picked it up brought it home and its a lawsuit from Javitch, Block, & Rathbone. They claim that i owe $1214 to a Midland Funding LLC who bought a account from Dell. I opened the document and inspected it. It says within 28 days of this notice i was to answer the complaint. I did so that very day of receiving it. I called the associated number on the documents. The allegid attorney's were 2 different individuals. When calling the number neither of them answered the phone. Erika York answered the phone. I was not told I was being recorded I was not mean or rude to the lady. She asked me how i wanted to make restitution to this. I told her i did not believe this was mine. She then began to ask me personal question my date of birth my address my phone number my employment. Again she may have said the message was being recorded but i can assure you it was not. When i asked to speak to the attorney representing the case she refused me. I was told i was not permitted to speak with anyone other than her. All my inquiries were to be brought up to her. I told the lady my correct address and current phone number. Which to my surprise they pulled my credit report 6 months in advance to the lawsuit as (permissible purposes). This credit report had my current address on it and current phone number. Neither of these company never not 1 time called my residence left a message or even sent an item to my current residence. They chose to send all my information to my past residence. Clearly states on your credit report past and current residence. Strike 1
Looking into the document i also notice they only use the term "This is a communication from a DEBT COLLECTOR". Not a lawyer but it is a laywer???
Speaking with Erika York she asked me if I had felt this was my obligation i told her IF this was mine of course ide be obligated to pay and also explain i had settled once before with the same company. Only younger and dumber. She explained to me this debt was for $1214 plus attorney fees and court costs to be added at the end. I asked her if she could provide verification of the debt if we could somehow make arrangements to settle. She told me no its to late for that Chris the legal process has already begun. I'm thinking "yeah right". I explained to her again i settled before any hearing had occurred the charges can be dropped. She placed me on hold for a few moments. She returned with a "settlement offer" $660 due right then or by the end of the 28 days if not then i had to be put on a payment plan of 115 dollars still have to go to court and still receive a judgement. I again asked her to validate this debt. She then told me" All the information they have i have". So i look at my documents and i see this. The account records are not attached hereto because, Upon information and BELIEF: (a) Plaintiff is not the original creditor and does not have possession, custody, or control of said records. Strike 2 i have proof they pulled my credit file. (b) copies were sent monthly to the defendants and are were in the defendants possession. Yeah i guess that would sum up the hidden tactic to send it to my PAST not CURRENT residence. Making sure i had never received a item from them.
15 days later or around then i began disputing this transaction with the 3 credit bureau's and through Lexington law firm. I still have not recieved a single item from Midland Funding or Javitch, Block, &rathbone pertaining this debt. What i do see is that Midland Funding took it upon themselves to agree me upon some sort of terms and agreements racking this debt up to 1500 dollars now when i didnt sign anything recieve anything. Midland Funding LLC also took it upon themselves from my notices and i have printed copy's of these documents they purchased a CLOSED account from 2005 reopened it in 2007 inflated this debt under no circumstance or law allowable to them. Yes i am going to take them to court for violating the FDCPA.
Onto Javitch, Block, & Rathbone. Such a fraudlent work of art they are. Now knowing were my current address was and still sending my documents to a previous address and not serving me in my city i live in. Already grounds for dismissal. So what they do next i called the firm again i was only permitted to speak with Erika York i told her i had not recieved any information pertaining the verification. She then said well Im afraid theres nothing more we can do. She then said We will be sending you the summons and were to make your payments to.??? I asked her how this system worked and she tried to break it down. At the end of the conversation she asked me. Sir you seem very unsure of whats going on I replied i did not I said i did not understand how someone can sue me in court on the basis of nothing just made up piece of paper with my name saying i owe this amount of money. I then told her i was to contact Lexington Law Firm to see were my disputes are at. Now they allegedly verified this account to trans union only. So i requested a verification method they used to verify this i want this validated. Terms of agreement with my signature and interest rates or something. I have failed to receive anything. Next they send me papers to sign basically giving up my rights and accepting a judgement. I never signed this document. It is so fraudulent i cant begin to describe were there is truth. First they tried
to send me 1 copy saying i accept the charges and 5%per anum and they file a notice at 8% per anum. I AGAIN NEVER SIGNED THIS.
Next this i know i receive a letter from them one more time stating a court date to attend. I reviewed my information the day i was to go to court I went. I called off my First day back at work to be told the court date was rescheduled i was to be notified. I never received a single document from the court system nor the attorney for this firm. I later began to ask for legal help I contacted a lawyer who basically laughed at the situation and said hey they got the default judgement rendered. I'm like WHAT. I immediately file a motion to vacate judgement. I render the attorney a copy and Midland Funding LLC a copy.
A few weeks later i received a letter from court stating my motion was GRANTED. Yet this company Midland Funding opened a revolving account under my name under someones agreement and is continuing to inflate this debt. Currently i am to appear at a Case Mngmnt Session the 21st. This is far from over as IF i can find someone to represent me i plan to take this further. Both Company's for neglecting to follow the rules implemented to protect us as consumers.
In my findings if i take this to a higher court i can legally sue for all damages caused by them, and per violation in accordance to the fdcpa. If there is anyone out there willing to lend a hand pls feel free to contact me
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