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Posted

Greetings,

 

I haven't been on here in a while, but a friend of mine recently contacted me with an issue regarding Midland Credit Management.

 

Her mother was contacted about a month or so ago by MCM regarding two charged-off debts.  She has cognitive deficits so she is easily manipulated.  She had previously fallen victim to internet scammers.  The debts she was contacted about are well past the SOL, but they talked her into setting up a payment plan.  She does not work, and is dependent on family for living expenses.  They have already taken two monthly payments of $46, auto-billed to her debit card.  She has no source of income that would be subject to garnishment, and her current address does not appear on any of her credit reports, so we are not worried about her being served or sued, anyway.  We just want them to stop taking out the payments, and also getting the two payments that were already taken out refunded in full if possible.

 

Any help on this matter would be greatly appreciated.

 

Thanks,

 

TampaDude

 


Posted

Close the account and open her a new one at another bank. Is that money from SSI?  Notify Midland that their reps took liberties with someone who does not have cognitive ability to consent to a debt payment plan, if the money is SSI it is exempt from their collection, and that they are forbidden to continue to withdraw any money from her account(s).  Send a cease and desist as well.  While her address may not be on her credit reports that isn't the only way for them to track her down.  If she gets sued then you can defend it but if she has no income or is on SSI they can't take the money in a levy anyway.  

Posted
1 hour ago, legaleagle2012 said:

Actually I think she could stay at the same bank. Just request a new debit card. Make sure it has a new number, they usually do.

Just to be, use another bank.

Posted
10 hours ago, TampaDude said:

Greetings,

 

I haven't been on here in a while, but a friend of mine recently contacted me with an issue regarding Midland Credit Management.

 

Her mother was contacted about a month or so ago by MCM regarding two charged-off debts.  She has cognitive deficits so she is easily manipulated.  She had previously fallen victim to internet scammers.  The debts she was contacted about are well past the SOL, but they talked her into setting up a payment plan.  She does not work, and is dependent on family for living expenses.  They have already taken two monthly payments of $46, auto-billed to her debit card.  She has no source of income that would be subject to garnishment, and her current address does not appear on any of her credit reports, so we are not worried about her being served or sued, anyway.  We just want them to stop taking out the payments, and also getting the two payments that were already taken out refunded in full if possible.

 

Any help on this matter would be greatly appreciated.

 

Thanks,

 

TampaDude

 

I would also talk with  your State Attorney General about a possible claim of Elder abuse. your friend's mom might also benefit from the protection  of your friend  being appointed as mom's Conservator, giving your friend the legal ability to review and even VOID any such "agreements" in  the future.

Posted
On 11/29/2023 at 3:59 AM, legaleagle2012 said:

Just request a new debit card. Make sure it has a new number, they usually do.

 

That isn't a guarantee that it stops the withdrawal.  Often a bank will honor a recurring charge for up to 6 months before denying it when a card changes numbers to give the consumer a chance to update their creditor billing accounts.  If it is an entirely different bank they are stopped cold.

Posted
3 hours ago, CreditSucksNot said:

 

That isn't a guarantee that it stops the withdrawal.  Often a bank will honor a recurring charge for up to 6 months before denying it when a card changes numbers to give the consumer a chance to update their creditor billing accounts.  If it is an entirely different bank they are stopped cold.

As I said before, close that account and open one at a DIFFERENT bank, not just a different branch of the same bank. Better safe than sorry.

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