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A new issue: Midland threatening legal action (and refusing to validate)

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Anonymous
Not applicable

Re: A new issue: Midland threatening legal action (and refusing to validate)

Here we are, 45 days after initial phone contact, and I have just now received a dunning notice. It states they will not report to CRA if I pay by 8/13/2015

 

Do I...

  1. DV?
  2. Report for violating FCRA?
  3. Settle?
Message 21 of 24
RobertEG
Legendary Contributor

Re: A new issue: Midland threatening legal action (and refusing to validate)

You can always send a DV. Assuming they dont contest that it is untimely based on their prior assertion of haviing sent prior dunning notice, then you will impose a cease collection bar.  They have no period for or requirment to repond.

They can report at any time up to receipt of a timely DV request, so their statement that they wont report if you pay by a certain date is a favor, not a violation.

No issue of violaiton of the FDCPA would apply until you send a timely DV and they then continue collection activity.

 

There is no violation of the FCRA.  Timeliness of dunning notice is an issue under FDCPA 809(a).  Yes, you can file a complaint with the CFPB, but it will most likely only result in a slap on the hand.  That issue is not relevant to their credit reporting or to subsequent conduct of the DV process.  It's your call, but is a secondary issue.

 

You have a pay for not reporting agreement in writing.  Personally, I would jump on it.

Countering with an offer to settle for less would take their promise of non-reporting off the table.

 

Message 22 of 24
Anonymous
Not applicable

Re: A new issue: Midland threatening legal action (and refusing to validate)

I sent a DV and included a counter-offer in the letter. Thusfar, every agent I have spoken to has zero information. They don't even know the date of the last payment I made or statement I received from Citi, or when the account was CO'd. Hopefully, they'll take the offer and run. Or maybe they'll magically produce a paper trail. 

Message 23 of 24
Anonymous
Not applicable

Re: A new issue: Midland threatening legal action (and refusing to validate)

They responded to the DV. It was incomplete due to a technical error on their end. Gave me a bit of leverage and was able to negotiate for 55%. It won't hit my CR, and I have that in writing. That's about all I care about right now, as I don't need any loose ends floating around to hold up a mortgage application when I finally get to that point. My down payment fund has been significantly reduced, but it wouldn't do me any good with a snag.

Message 24 of 24
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