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I (my husband actually), had a medical collection on his credit report last year, we recieved a letter notifying us of the debt, we mailed out a timely DV letter (within 30 days), and we were able to get it removed from his credit. Fast forward to last week, we are receiving calls from a different collector (Midland Credit). They do not leave any messages, but a simple google search of their phone number indicates that it is Midland Credit calling us. We are assuming the last collector probably sold this medical debt to Midland.
We have NOT recieved any letter in the mail from Midland notifying us that they are attempting to collect a debt (thus, we have not had a chance to mail out a DV letter). And so far, no collections have been posted on my husband's credit.
So, how should we handle this from here? And is it common for these Debt Collectors to just call without even notifying first via mail?
The short answer is yes. They can call you, and the initial contact that they actually have with you triggers the 5 day requirement for the initial dunning notice. The FDCPA requires that within 5 days of initially speaking to you, they must send you written notice of your rights under the law. This information can also be provided within that initial conversation, but calling and not reaching you does not count as initial contact.
midland loves the phone. They used to blow my phone up. If I were in your shoes, I would answer the call. When they ask you to identify yourself, tell them you can verify the last 4 of your SSN but you are not volunteering the info to them. They should also ask you for your address. You can verify that too. Then they will tell you the purpose for the call. This is where I get the info--what debt, how much, etc etc--and then I thank them for the call. I advise them that I will wait for the required initial dunning notice, and then we can address the matter further. Then I end the call and hang up.
I do not advocate getting into an argument with them over the phone, they are not going to be bothered by that happening as much as you will. Midland has a long and distinguished history of breaking laws....so I recommend keeping things firmly polite, short, and to the point. If they choose to break the law, let them. But don't take part in that process or try to goad them into it.
They should send you that notice after the first time you speak to them. When they do, send your DV letter by certified mail.
Only "completed" calls count as contact. So they need you to answer, or they need to leave a voice mail, before they are required to send written notice.
That being said, if they call more than X number of times in Y period of time, without leaving a voicemail, you can usually sue for harrassment. But that is something to discuss with your lawyer.
Thank you! This was very informative. If I feel confident that I can word things correctly over the phone without admitting to the debt, I will consider answering the next time they call.
@Anonymous wrote:Thank you! This was very informative. If I feel confident that I can word things correctly over the phone without admitting to the debt, I will consider answering the next time they call.
Here is a sample script.
you: Hello
them: *anything at all*
you: I am ending this call *hang up*
Don't tell them your name. Don't tell them your address. Don't tell them anything at all. Not required. The only reason you want to say "I am ending this call" is so that they cannot claim that "the line was disconnected so it was not a completed call.
No disrespect at all intended, but this is not good advice.
First, FDCPA requires that a debt collector take steps to verify that they are speaking with the proper party before discussing the debt. If you do not verify any info with them, there's no point in even answering the phone. The goal is to solve the problem, not stick your head in the sand---whether you realize it or not, debt collectors won't simply go away if you do not verify your identity with them.
This is why I tend to tell them that I will verify the info they have on file---because without doing so, you're never going to be able to find out what debt they are calling about. Suppose they are calling about a different debt than the one the OP thinks it is? Suppose there's identity theft, and they are calling about a credit card account that the OP never took out? Midland did it to me with two separate accounts---I never took out either one. And Midland's not the only one either....others have done things like this. That's why the FDCPA's protections were made into law.
Your script fails because without them verifying that they actually spoke to the person they are looking for, they CANNOT have had verifiable initial contact with that consumer. Tell them nothing, and they won't be able to say they actually spoke to you. That would NOT trigger the 5 day disclosure of rights requirement under the law. The initial contact requirement is either directly or indirectly to that specific consumer, not to anyone in general who may or may not be the right person.
If you actually want to learn why they are calling and address it properly, you verify who you are to them when they call. Then, when they pull out the "we're calling about ____ debt, we show that you owe _____, how would you like to take care of that today?", you simply say, "thanks for calling. Before we go any further, I'll wait for the required initial dunning letter to arrive. Once I've received that, we can discuss the matter further. Thank you again and have a nice day." ----then, you HANG UP. Does not matter what they say or do. Does not matter if they try to keep talking. Does not matter. Midland made a habit of pretending that they had already sent out mail for me---they claimed that they sent it the first time on a date that was several weeks before they even got the "debt" assigned to them. When I questioned that, they claimed to have sent it multiple times to an address that had no connection to me. When I questioned that, they told me that since they were assigned the debt more than 45 days prior, it was no longer an issue, because under the law I could no longer dispute anyways. Then I reminded them that the 30 days does not start until that initial dunning notice is sent and received. Since they never actually sent it to me, they owed it to me then.
Also, don't fall into the trap of getting nasty on the phone. A lot of these collectors think they can bully or intimidate people into paying. Don't allow that. Simply stick to the statement above. I say it once. If they try to make threats or go anywhere else, I simply tell them that I have said all I'm going to say until they comply with the law's requirements, and we'll discuss further once they have done that, but not a moment sooner. Usually, once they see that they are dealing with someone who's educated on the law, they will either give up the act or get nastier, but either way it does not matter. Simply stick to that sentence and then end the call. Don't wait for them to say "good bye" or anything else. Once you say "thanks and have a nice day", it's time to hang the phone up. Simple. Direct. No room for error. And it works.