what will midland do next

[mschang]

midland now has a CO that is 1) out of SOL, and 2) the OC deleted the TL from my CR (if that matters).

i DV'd them a simple "you say i owe you a debt please validate" and i was surprised to get a response letter two short weeks later that says "we have opened an investigation concerning your recent request and have requested the appropriate documentation."

i know PFD is the next step if the CA validates but i'm wondering what other's experience with midland is after receiving a letter like this.

this was my first DV -- all of my other letters were GWs -- and i keep reading that midland is a beast, so i want to know what i'm in for!

[ficojoe]

I have found midland defiant beyound belief. Why are they asking you for documentation? Ask them to validate the debt. Tell them that is their job, not yours. Of course, when you do that all they are going to do is send you an identical response as you already got along with more collection letters.

[mschang]

no they're not requesting anything from me; they're saying that they're getting documents themselves to validate the debt.

[ficojoe]

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@mschang wrote:

no they're not requesting anything from me; they're saying that they're getting documents themselves to validate the debt.

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Wow, not the experience I am having at all. Good luck.

[mschang]

i know -- all i've read is how horrible midland is, so i'm bracing myself. as devious as people say they are i am surprised at the speed with which they replied to my DV -- worries me a little.

i'll update when i get the next letter

[mschang]

i got a letter (yes, five months later!) from midland saying they will delete their account from my CR. stupid thing is they were never on my CR -- makes me think that they must send this form letter out A LOT so sending them a DV nipped it in the bud!! btw i have had no contact with midland since my initial post

[RobertEG]

First and foremost, was your DV timely (i.e., sent without receipt of prior dunniing notice, or sent within 30 days of their dunning notice)?

If not, it imposes no restriction upon them, and they can choose to go on about their business.

If timely, it imposed an automatic cease collection bar on them, with no period or actual requirement to provide validation.  So both you and they are in a state of limbo until they choose to provide validation.  Their letter is meaningless. It simply states they are attempting to obtain verification of the debt.

If they conduct any collection activity prior to sending validation, it is a violation of FDCPA 809(b).

As an aside, the cease collection bar also prevents any PFD negotiations with you, so until they provide validation, it's sit and wait.