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Poked the hornets nest...Midland!

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Anonymous
Not applicable

Poked the hornets nest...Midland!

Tried to get Midland to delete accounts that are listed as factoring companies by using the CFPB because they are showing 120 days late in 2011 and update monthly balance increases.  I should have left well enough alone. 

 

They sent me a letter stating they aren't listing as a factoring company (I have the EQ report that shows they do).  They fall off in November, but today.....they have called me no less than 7 times.  It's only 3:15pm CST.

 

Yay!! Now they are going to bug the crap out of me on a 6.5 year old debt.

 

 

Message 1 of 17
16 REPLIES 16
Anonymous
Not applicable

Re: Poked the hornets nest...Midland!

Send them a PFD offer letter with the statement that "all telephone calls are to be considered inconvenient".

Message 2 of 17
gdale6
Moderator Emeritus

Re: Poked the hornets nest...Midland!

Give the CFPB a copy of that report showing they are in fact reporting as a factoring company. You can try what Norman has said, it may silence the phone.

Message 3 of 17
RussianPassion
Regular Contributor

Re: Poked the hornets nest...Midland!

Its easy to get them to stop calling... Just tell them that you are requesting never to call you again and that if they will, they will be in violation and that you are requsting all future communication to be done in writing by mail. This is an issue, however, if at some point you wlll decide to call and talk to them. They will ask you to mail them a letter OKing to talk to yourself, haha...

 

Message 4 of 17
RobertEG
Legendary Contributor

Re: Poked the hornets nest...Midland!

There is nothing illegal or prohbitied about stating that they are a company who deals in factoring of debts.

Factring is a perfectly legal business practice.

They may be venturing into problems if they take the addtionaly step of asserting they are a creditor and not a debt collector.

 

AS for showing of lates, is your report showing the lates or current delinquency status that occured on the OC account, or are they actually reporting lates that they assert occured with them under their collection?  Debt collectors dont bill the consumer, and thus have no billing due date for which a consumer can incur a 30-late.

 

As for calling, you can simply send a cease communication letter under FDCPA 805(c).

After reeipt of a cease communication letter, they cannot initiate communication with the consumer.

Message 5 of 17
Anonymous
Not applicable

Re: Poked the hornets nest...Midland!


@Anonymous wrote:

Tried to get Midland to delete accounts that are listed as factoring companies by using the CFPB because they are showing 120 days late in 2011 and update monthly balance increases.  I should have left well enough alone. 

 

They sent me a letter stating they aren't listing as a factoring company (I have the EQ report that shows they do).  They fall off in November, but today.....they have called me no less than 7 times.  It's only 3:15pm CST.

 

Yay!! Now they are going to bug the crap out of me on a 6.5 year old debt.

 

 


Calling 7 times in one day is most definetly "excessive communication used to harass" which is a violation of the FDCPA. Take pictures of the caller ids and keep a list of times called and call a consumer law attorney. Google "FDCPA" and "things debt collectors cannot do".

Message 6 of 17
camera_jen
New Contributor

Re: Poked the hornets nest...Midland!

They got wind of my credit report clean up efforts and have started harassing me over a debt that will fall off in 25 days.  Pay you guys twice the original debt for 25 days of benefit?  Not happening.

Message 7 of 17
Anonymous
Not applicable

Re: Poked the hornets nest...Midland!

Mine is 6 months and 9 months out. SOL was out of date 11/12 and 2/13 which in the state of TX means that they can call all they want, but that's all.

 

I need to send a C&D letter ASAP

Message 8 of 17
Anonymous
Not applicable

Re: Poked the hornets nest...Midland!

Does taking pictures / call records of caller ID, which can be, and so often is, easily forged, really mean much?

 

I get calls from 000-000-0000, some from my own phone number, all sorts of bizarre number sequences, and even seemingly legit numbers that the call didn't originate from. Seems to me for one to really have a case, the recipient needs to also record the content of the calls.

 

Personally, I have two phone numbers - one is a landline (no big cost, since it's included with my cable service package that's cheaper with it than without), that's what creditors, stores that ask for a number, websites, etc get. And the other is a cell phone, that's for friends, family, etc. Not 100% iron-clad, but eliminates much of the nonsense ... debt collectors can call the landline 24x7 all they want (and some really do!) and it's no hassle to me. Most don't even bother leaving a message, which further simplifies matters.

 

As for postal mail. Love when debt collectors mail stuff, since the vast majority is First Class, which even at presort rates is upwards of 40 cents each, plus supplies and labor. Postal regulations generally preclude the use of Standard mail for sending such personalized business matter letters. Bottom line, each letter is costing them about 1/2 a buck to mail. When they mail to me, they're throwing money away; helping to support the U.S. Postal Service, presort services, etc. But I digress.

Message 9 of 17
Anonymous
Not applicable

Re: Poked the hornets nest...Midland!


@Anonymous wrote:

Does taking pictures / call records of caller ID, which can be, and so often is, easily forged, really mean much?

 

I get calls from 000-000-0000, some from my own phone number, all sorts of bizarre number sequences, and even seemingly legit numbers that the call didn't originate from. Seems to me for one to really have a case, the recipient needs to also record the content of the calls.

 

Personally, I have two phone numbers - one is a landline (no big cost, since it's included with my cable service package that's cheaper with it than without), that's what creditors, stores that ask for a number, websites, etc get. And the other is a cell phone, that's for friends, family, etc. Not 100% iron-clad, but eliminates much of the nonsense ... debt collectors can call the landline 24x7 all they want (and some really do!) and it's no hassle to me. Most don't even bother leaving a message, which further simplifies matters.

 

As for postal mail. Love when debt collectors mail stuff, since the vast majority is First Class, which even at presort rates is upwards of 40 cents each, plus supplies and labor. Postal regulations generally preclude the use of Standard mail for sending such personalized business matter letters. Bottom line, each letter is costing them about 1/2 a buck to mail. When they mail to me, they're throwing money away; helping to support the U.S. Postal Service, presort services, etc. But I digress.


IMHO, it should be illegal for a debt collector to mask their calls.

Message 10 of 17
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