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Midland response to BBB complaint

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Anonymous
Not applicable

Midland response to BBB complaint

Ahhh how to deal??? Smiley Sad I have to respond to BBB by accepting or rejecting the offer. Please advise me...

 

 

http://i.imgur.com/0gjOi.png

Message 1 of 6
5 REPLIES 5
IOBA
Senior Contributor

Re: Midland response to BBB complaint

Could you provide a little more information please?

 

I read the letter from the BBB -- but I have no idea the journey that took you there.

 

Was Midland harassing you by phone?

 

Did you receive multiple letters in the mail?

 

What prompted the BBB compliant? 

Message 2 of 6
Anonymous
Not applicable

Re: Midland response to BBB complaint

Did Midland prove that they sent you a dunning letter a full year before you noticed this collection on your credit report and DV'd them? What proof did they provide (I didn't see any in the letter, such as the copy of a green card that your receive after CMRR, or even a letter from you acknowledging receipt)? CAs lie all the time, so saying that they sent one, when they didn't, is not proof that they did.

 

I'd file a complaint with the FTC, your state's AG office, and reject this so-called offer filed with the BBB. Go after them full steam is what I'd advise.

Message 3 of 6
nothingman02
Valued Contributor

Re: Midland response to BBB complaint


@Anonymous wrote:

Did Midland prove that they sent you a dunning letter a full year before you noticed this collection on your credit report and DV'd them? What proof did they provide (I didn't see any in the letter, such as the copy of a green card that your receive after CMRR, or even a letter from you acknowledging receipt)? CAs lie all the time, so saying that they sent one, when they didn't, is not proof that they did.

 

I'd file a complaint with the FTC, your state's AG office, and reject this so-called offer filed with the BBB. Go after them full steam is what I'd advise.


I wish they (CAs) had to provide some sort of a proof such as a greencard like we do. Unfortunately, all they have to do is to claim that they have mailed a letter through USPS and the law assumes that if they had used United States postal service, then the mail has been automatically delivered. Kind of like an assumption that a cop's (sworn officer of law) word is always the truth.

All the CA has to do is to provide some sort of a printout from his computer showing that so and so letters were mailed out on so and so dates....something that can easily be concocted. This is my understanding. 

 

But I agree and I will ask for proof that they sent me something and will file the above complaints.

 

I have a similar situation with Asset where they backdated their "date opened" date by a month, likey to claim that they had already sent me a dunning letter and waited a month before they started reporting - to counter my claim that they never sent me anything. I may have something there as the month before, the debt was still with OC and was the month that it was indeed COed. I basically caught Asset the instant they purchased the debt from OC and waited a month after their immediate soft pull and their subsequent reporting before sending out a DV.

 

Message Edited by nothingman02 on 01-16-2010 07:04 AM
Message 4 of 6
Anonymous
Not applicable

Re: Midland response to BBB complaint

Sorry for not providing the story behind it.

 

Ok, I started my credit repair back in October, ordered all 3 credit reports and started disputing it using the DV (1-2 punch),  goodwill and with "too old to be on file" methods. All of the CA's folded to DV method except MCM. I sent out the first DV back in October and did the 1-2 punch, did not receive any letter from them and go back "verified". Ok, I sent out my 2nd DV to MCM in November , again without any response. Finally, sent out the 3rd with intent to sue in December..Well you know what's the result. Last week of December I filed a complaint against MCM in SanDiego BBB, the very next week they sent out a boilerplate letter reading my " XXX who owned this account # from GE/ Walmart with last 4 digits of SSN has a amount due of $260". Yesterday I got this email response from SD BBB and asked me to respond within 7 days by accepting or rejecting the offer.

 

I have all the GC and copies of letter mailed out to them.

 

I also DV'ed the OC (GE/ Walmart) in October and got a response last week with all the copies of bill but they sent it to the wrong address.  

Message 5 of 6
RobertEG
Legendary Contributor

Re: Midland response to BBB complaint

I am really not sure what your complaint is.

There is no requirement that a CA ever respond to a DV letter. 

The DV process is to shut down active collection activity until such time as they might choose to provide verification.

Failure to respond to a DV request is not a violation of the FDCPA.

As far as DV'ing the OC, that is not permitted, and they will just dismiss it.  You can only DV a third party collection agency, not an OC.

The BBB has no enforcement authority.  Administrative enforcement of both the FCRA and the FDCPA is under the FTC, with civil violations enforceable by your state atty gen.

So I am puzzled.

Message 6 of 6
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