Legal Question in Consumer Law in Tennessee
midland collection agency is threatening to sue me
Hi,
Before I got married i opened an account with a company called Fingerhut .I then fell behind on payments.They charged over $1000 in late fees to the account that were not accurate. I wrote them and requested them send me proof that i owed the amount they claimed and they sent me a letter back telling me they could not provide such info, but that my order history is on my monthly statement. Since they could not provide me with proof of my order history and my monthly statements did'nt have it on there either, I wrote letters to all 3 credit bureaus along with a copy of this letter from fingerhut and disputed it on my credit report. Since my account history could'nt be proved the credit bureaus all took it off my credit report.a few months later i started revcieving letters from a collection agency called midland credit management.They claim i owed $1700 and i did'nt worry about it because i knew they could'nt prove i owed that.Last year i recieved a letter in the mail from them offering to settle my whole $1700 account for $16.00 and I paid it.I have a copy of the check, but not the letter. They started calling me again after that and are now threatening to sue me.They sent me copies of stuff i orderd.I need advice.
1 Answer from Attorneys
Re: midland collection agency is threatening to sue me
It's always hard to give advice on this subject when I haven't seen any of the letters you spoke of. But it seems to me that if you have the letter from them offering the settlement and you honored that letter by paying the amount, then I would argue that their acceptance of your payment concludes the deal, and they couldn't come back at you for any alleged balance. Again though it comes back to the offer made by them and what it precisely says.
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