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midland calling references? seriously?

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mschang
Regular Contributor

midland calling references? seriously?

recently got a car loan with scores in the low 500s and had to put down references.

 

just got a message from one of those references that a ms. watson from midland called him. midland collection is for a Chase CC CO from 2008 -- completely unrelated to car loan.

 

i got my first midland dunning notice a couple weeks ago and immediately sent a DV. asked them to reply via mail only -- tsk tsk.

 

apparently, in addition to updated addresses and phone numbers, creditors pass around reference numbers too


Starting Score: EQ FICO 588 EX FICO 587 TU FICO 588
Current Score: EQ FICO 660 EX FICO 642 TU FICO 606
Goal Score: 680
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RobertEG
Legendary Contributor

Re: midland calling references? seriously?

A debt collector may only place calls to third parties (i.e., anyone other than your or your spouse) for the singular reason of attempting to obtain location information on you.

They cannot disclose to that third party that you owe a debt, and can only ask if they know your current address/phone number.  FDCPA 804 and 805(b).

 

If they informed the third party that you owed a debt, they are in serious violation of the FDCPA.

 

Additionally, if you sent them a timely DV and they conducted ANY collection activity without first providing you the requested debt validation, they are additionally in violation of FDCPA 809(b).  Were their calls made after receipt of your DV?

 

 

Message 2 of 4
mschang
Regular Contributor

Re: midland calling references? seriously?

yes -- i got the certified mail return receipt last week. i don't think they told him about the debt but they obvously called after i sent the DV without having validated.

 

what are my options?


Starting Score: EQ FICO 588 EX FICO 587 TU FICO 588
Current Score: EQ FICO 660 EX FICO 642 TU FICO 606
Goal Score: 680
Message 3 of 4
rckstrscott
Valued Contributor

Re: midland calling references? seriously?


@mschang wrote:

yes -- i got the certified mail return receipt last week. i don't think they told him about the debt but they obvously called after i sent the DV without having validated.

 

what are my options?


You can lodge a complaint with the FTC, you can threaten to sue,  or you can sue them. FDCPA violations don't play into credit reporting, so it doesn't do much for how the account is reporting, but maybe you can leverage that against them

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
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