yesterday Midland called me about a dell laptop I had purchased in 2004. He wanted to make a deal. I was so in shock/unprepared that instead of hanging up like I intended I continued the conversation. Mind you, i never knew what midland was before this point and I had sent them a Validation letter a couple of days prior to have them send me information about who they were. While on the phone, he said I had three choices or I would be sued and that they have been sending me letters and I havent responded. I never received a letter. The only way i knew they existed was because I looked at my credit report. I asked if they would send this info in a letter and he refused and pressured me into making a deal with him. I asked him how old this account was and he insisted that I made a payment in 2010 which doesnt sound right and said that renewed my SOL. He said that the original debt owed was $1900 and because I was not responding to the mail its $2500 that doesnt make sense to me especially since i never got anything. I didnt have the exact number that was on my credit report in front of me so I wasnt sure what it was. Long story short. I told him if he knocks the interest off, I would give him $800 and he refused. he said for 1200 I refused. then I said 1000. he said 1048 which he said was 41% of what I owed from the new balance. I did the calculations and he was trying to get me so i corrected him. so he is supposed to be faxing me the information and I have not gotten it yet. I am terribly upset with myself for not hanging up the phone but he pushed and pushed until i gave in! My question: is there a way I can let him know that i am not agreeing to that amount because i dont think its fair? Is there a penalty for the above question? Is my validation letter that I sent voided if I already made the deal?? Does my validation letter (if not voided) include proof of payment?
Was the validation letter sent CMRR, and received before they called? If it was received, then they continued collection activity, in violation of the FDCPA.
It should have reached them by yesterday as I sent it Monday morning. No, I didn't send it certified but I sent it via this post office app that tracks that i sent it. Now i want to kick myself because that may have been better than to not have sent it CRM.
Did your letter also include about not calling? As long as you have proof that it was sent; you still are partially covered, but the rules are slightly different. The angles that CAs have used in the past is the dates that are on the letter (unless the consumer can show it was postmarked later) and a window of 5 days which has been established by the court as a reasonable timeframe for the mail to be received. You and I both know the reason for the call was their receipt of the letter. I would mail CMRRR a letter telling them that they are in violation of the FDCPA for the phone call that they made on date xx/xx/xxxx, for Continued Collection Activity following the receipt of the validation letter, and (if included) communication at inconvenient times and places.
Yes I figured that this is why he was very forceful with making me do a deal with him. Ok. so, what should I look forward to after I send this mail? I should hold off on the amount that he forced out of me before i send payment right? He never sent me the information that would show that I agreed so I of course would not send. hold off until proof of SOL and then move forward from there right?
