2nd Letter from Midland, ugh.

[golo]

Hi fellow members,

I was gardening for a while since I was able to clean my credit to the point that I have a house now, thanks to the members of this forum. Speciallly RobertG, thanks for the support to all of us. 

Now, I just recieved another letter from Midland with complete different account numbers than the one they sent me in 2013 (I sent them a mean DV back then and that seems to quiet them) until now. Couple of days ago they sent me another one stating that they will work with me on this debt, they claim that the OC is Citibank, I was through with them back in 2012. The SOL IF the debt is mine is way pass that, I understand that they can practically go after you for ever, but, are they really that nasty? I mean, i sent them that DV and never got a response, now they try again with a completly different account numbers. I can't find their previous letter from 2013, but i found the response i sent them with the CRRM. 

They haven't report anything to the CRAs, nor I have anything from Citibank on my reports, Ugh! will they ever go away...What should I do now, wait for them to make a move? or should I blast them with complaints from different agencies to incluse CFPB, BBB, CA AG, my state MD AG and so forth? 

Thanks in advance and excuse my writing.

[RobertEG]

Was your prior DV timely, meaning was it sent either prior to having received dunning notice, or within 30 days of your receipt of dunning notice?

If so, then any further activity to collect on the debt would be a violation of their cease collection bar under FDCPA 809(b).

If they are communicating regarding a different collection (i.e., they consider it to pertan to a different debt), then that would have required they send another dunning notice within 5 days after any initial communication.  They thus either consider it the same debt, or have violated requirment for a second dunning notice.

A formal complaint to the CFPB appears to be in order.

[golo]

Yes, it was timely, as I sent it right away. I get what your saying and a complaint to CFPB is on the works right now. I checked the account number on their previous letter from 2013 and its a different number, wth, this people, I understand everybody gotta eat, but damn they're annoying. Thank your for the input RobertEG.

[golo]

Hey RobertEG, does CFPB have teeth? Meaning is not like the BBB. Thanks in advance.

[redbeard]

CFPB has teeth, though they don't use them as much as they should. They also have a process, which companies tend to respond to better than individuals.

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Now, are you sure its the same debt? could it be a different collection?

Dan

[RobertEG]

They have legal authority under the FCRA and FDCPA for handling administrative complaints for violation of those statutes.

The BBB has no formal enfocement authority over either.

They also have been granted rulemaking authority to enact federal regulations that are consistent with statute.

That authority was not granted to their predecessor in admin enforcement, the FTC.

The CFPB is currently in the middle of a proposed rulemaking process for enacting regulations related to the FDCPA, and actual proposed rules are soon to be published in the federal register.

[golo]

I don' t know nor turst this people. I don't even think they have the right person. The only debt that I had with anything that have to do with "Citi" was Citifinancial back in 07 and I settle that with Cavalry after a long exhausting battle. Then Citibank Sears where after another long battle and the help of this forum they decided removed out of my credit. So, the account numbers, even my middle name that Midland is coming up with are computer generated or something cause they're all over the place.

[Anonymous]

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@golo wrote:

I don' t know nor turst this people. I don't even think they have the right person. The only debt that I had with anything that have to do with "Citi" was Citifinancial back in 07 and I settle that with Cavalry after a long exhausting battle. Then Citibank Sears where after another long battle and the help of this forum they decided removed out of my credit. So, the account numbers, even my middle name that Midland is coming up with are computer generated or something cause they're all over the place.

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Two paths you can take - You can try to convince Midland they are pursuing the wrong person - this will necessitate sending them personal identification information such as full name, DOB, SS etc. They may or may not accept your assertion of mistaken identity.

Second path is to pursue it as potential ID theft. Go read FCRA 605B, it explains what you would need to do to get it excluded from your reports using the ID Theft provision. You do not need to "prove" anything, simply assert in a sworn statement that you never authorized the account in question, and do an ID Theft report, send copies of id and the credit report to the CRA's, midland would not even be involved.