Midland Credit Management collection call

[wdsman1]

Received a call today "unavailable" and answered it. Received collection letter from them on 2/28 and they received my validation/cease & desist letter on 3/2. I have not heard anything from them until today. The company is called Midland Credit Management. I have a copy of the letter I sent and the return receipt. I filed a report with the BBB today...what else should I do? How do I prove that it was them that called? She said her name was "Christina Jane" Didn't sound like a Christina Jane on the phone.

[Lian]

If you sent them a timely response, within 30-days of their dunning notice, and they have contacted you after receipt of your DV letter, then they are in violation of FDCPA 809(b).

How do you prove they contacted you? This is a case where, in my opinion, you DO want to talk to the debt collector. Pick up the phone, and ask them the nature of their call. They must then, under FDCPA 807(11), tell you that they are calling in regard to a debt that you owe. Don't let them hem and haw. That is an initial requirement of fed statute. That firmly establishes an illegal communication with you after sending your DV letter.

Then just politely tell them that you request any communication with you to be in writing. Don't mention their FDCPA violation or lack of dunning notice, or have any discussion whatsoever with them, other than to request all communications with you be in writing. Then hang up. Document their call immediately on a piece of paper, and sign and date it.

[wdsman1]

This collection is actually from a creditor that was disputed and deleted from my credit reports.

When I answered they said that they were calling about the debt that they called me about in February. I told them that I sent them a letter when I received their letter. I sent the validation/cease desist letter the day after I received it from them. It was received by them on march 2nd.

I then asked the person for their name and address so I can have an attorney contact them. The caller then asked if it was a bankruptcy attorney. They then asked for the attorneys contact info. I said it is my personal attorney and if they give me their info I would give it to the attorney. The person with a strong accent then gave me a name that was for sure not true. They said their company info is on the letter they sent me.

At this point the caller said we are a debt collection company and the call is being recorded. I told them I sent a letter validating the debt and told them to stop debt collecting activities. The caller said they never received anything from me...which is not true..I have the return receipt.

I then filed the report with the BBB stating that I was being harassed. Can they put this on my credit report without validating the debt and since the OC was deleted from my reports?

[Lian]

Prior validation is not a prerequisite for credit reporting. They can first report to a CRA, but must follow this up with a dunning notice within 5 days. However, any reporting done after you DV'd them and before they validated could be disputed as inaccurate reporting, being barred by FDCPA 809(b).

The dispute would not be directed at their initial reporting of the CA, but rather to any subsequent reporting. Usually, in my opinion, not worth the paper and ink to dispute, since it does not go to the issue of the reporting of the CA itself. Complaints regarding violation of the FDCPA are handled by the FTC, and not the CRAs. The FTC rarely, if ever, brings action on individual consumer complaints under the FDCPA. Recourse is usually obtainable by your initiation of your own civil action.

Deletion of the OC from your CR would not, in and of itself, render the reporting of the CA as inaccurate, unless you disputed with the OC, and that dispute terminated in a clear finding by them that the debt itself was not owed. An OC rarely makes such a concession. Simple deletion of OC reporting could have been done for many reasons other than agreement that the debt was not valid.