credit card debt
Complaint
marian
Country: United States
My 89 year old father & I were sued by Midland Funding & used Mary Jane Elliott,PC as lawyer to represent & we responded to the summon w/ a letter refuting that we owe money to Midland. The judge sent us to arbitration. I attended mine last August 24, 2012 & I asked for 3 things from the lawyer of Mary Jane Elliott:
1) written proof of proper sale of debt from the original creditor to the debt buyer (sometimes called assignment of debt) (2) what the actual original amount is owed? (3) Copy of Validation Letter. The lawyer she sent said to me" I must have left it at the office." & produced instead a copy of a statement from credit card company showing that I paid something. By this time I felt really shook up because I'm going through medical problem & I didn't want to pass this debt to my daughter if I die & cried. He asked for $2800.00 or $240 something/month & I don't have either. So he said I have to pay the $3876.47 or smallest amount I can pay & I said $25.00. He canceled other cost & signed the agreement. I know that I still owe a certain amount & wondered where they got this amount because the last statement I had did not match this, so I went through all my statement & found a letter the credit card company sent me offering to reduce it if I pay at least $599.00 one time dated July 31, 2009. I could not & did not & don't remember responding to this letter as so many things were going on w/ me at that time including lost of job & new job w/ less pay, etc. Deducting this amount to the total I know I have came out to $3876.37, they just charged me $0.10 more. I was furious. I believed that I let my guard down & signed a letter of aggrement under duress because when he did not come up w/ the forms that I asked I should have told the arbiter, to dismiss the case as he has no proof that I owe Midland anything. Prior to this,I went on line & checked out who & what Midland Funding is all about & found complaints & lawsuits filed against it for using affidavits that is not admissable in court & judgement was for the plaintiff, Midland Funding vs Brent, Ohio. There are others. In the state of Michigan, 7 years is the statute of limitation after charge off. I got the information above about the 3 things Mary Jane Elliott lawyer should have given me from a lawyer from Arizona who also dealt w/ Midland Funding,which now has a different name. My 89 year old father whose sole income is SS will appear tomorrow at the arbitration & I'm going w/ him. I read somewhere online during the Midland research that people whose sole income comes from SS cannot be sued by credit card companies but don't know which state? If indeed this Mary Jane is a crook there are others because I remember that back in 2008 I was forced to pay off $5000.00 (borrowed) by a law company from Troy while negotiating w/ one of its rep. & the one who demanded it was another. These companies & lawyers should be put out of business & their licenses revoked. All I can think of is my Dad & an elderly lady who walked w/ a cane who are being subjected to all of these scams. We don't have a lawyer because we cannot afford it. I remember one who wrote us a letter stating that I maybe sued by Midland & he want $800.00 which I do not have. they are all in it together & I think that's why none of them if ever go to heaven. Lies, lies,lies. this how they get rich!
1) written proof of proper sale of debt from the original creditor to the debt buyer (sometimes called assignment of debt) (2) what the actual original amount is owed? (3) Copy of Validation Letter. The lawyer she sent said to me" I must have left it at the office." & produced instead a copy of a statement from credit card company showing that I paid something. By this time I felt really shook up because I'm going through medical problem & I didn't want to pass this debt to my daughter if I die & cried. He asked for $2800.00 or $240 something/month & I don't have either. So he said I have to pay the $3876.47 or smallest amount I can pay & I said $25.00. He canceled other cost & signed the agreement. I know that I still owe a certain amount & wondered where they got this amount because the last statement I had did not match this, so I went through all my statement & found a letter the credit card company sent me offering to reduce it if I pay at least $599.00 one time dated July 31, 2009. I could not & did not & don't remember responding to this letter as so many things were going on w/ me at that time including lost of job & new job w/ less pay, etc. Deducting this amount to the total I know I have came out to $3876.37, they just charged me $0.10 more. I was furious. I believed that I let my guard down & signed a letter of aggrement under duress because when he did not come up w/ the forms that I asked I should have told the arbiter, to dismiss the case as he has no proof that I owe Midland anything. Prior to this,I went on line & checked out who & what Midland Funding is all about & found complaints & lawsuits filed against it for using affidavits that is not admissable in court & judgement was for the plaintiff, Midland Funding vs Brent, Ohio. There are others. In the state of Michigan, 7 years is the statute of limitation after charge off. I got the information above about the 3 things Mary Jane Elliott lawyer should have given me from a lawyer from Arizona who also dealt w/ Midland Funding,which now has a different name. My 89 year old father whose sole income is SS will appear tomorrow at the arbitration & I'm going w/ him. I read somewhere online during the Midland research that people whose sole income comes from SS cannot be sued by credit card companies but don't know which state? If indeed this Mary Jane is a crook there are others because I remember that back in 2008 I was forced to pay off $5000.00 (borrowed) by a law company from Troy while negotiating w/ one of its rep. & the one who demanded it was another. These companies & lawyers should be put out of business & their licenses revoked. All I can think of is my Dad & an elderly lady who walked w/ a cane who are being subjected to all of these scams. We don't have a lawyer because we cannot afford it. I remember one who wrote us a letter stating that I maybe sued by Midland & he want $800.00 which I do not have. they are all in it together & I think that's why none of them if ever go to heaven. Lies, lies,lies. this how they get rich!
Comments
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