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Posted: Sun Jan 27, 2008 6:20 pm Subject: Midland Credit

I will try my best to explain this, sorry it's kinda long, but I had to get some of the key points in!

Midland Credit keeps calling my in-laws house. My mother-in-law stated at the beggining of the call (i was listening and recording) that she was not the person they were calling for spouse (he is my husband)however this man proceeded to tell her all info pertaining to the collection account. When she asked for the address of the company, the man told her the address, but then added on "not to write to them, because nothing would be valid nor would the amount she would have to pay, be valid any longer". He also told her that she had to pay "today" by either a check over the phone or a credit card. He also told her if it was paid that the account would be reported as paid in full, but that they cannot do a pay for deletion, because the company is so small (??). This is when I broke in pretending to be my MIL's sister and asked the man if it was even legal that he was telling her any of this information. The man then stated that he didn't know my MIL was not my husbands spouse, in return my MIL again said she told him at the begining that she was not a spouse. I asked him again if he was violating any part of FDCPA by disclosing this information and also asked him his name. All of the sudden the man couldn't hear us anymore and just kept saying "hello" about 15 times! So we finally hung up. This was about a 20 minute conversation.

I have all this on a recording, so my question is were there any true violations and what should my next steps be? Hope everyone can understand this! thank you

Posted: Sun Jan 27, 2008 9:02 pm Subject:

visit the FDCPA website, there should be a complaint form there.

Here is a webpage that may be of intrest to you.
http://www.pennlawyer.com/fdcpa.htm

Posted: Sun Jan 27, 2008 9:07 pm Subject:

what state are you in...is taping the conversation illegal if the party being recorded doesn't know it...I know in some states it is illegal to do this without telling the other person they are being recorded...someone will be along shortly to help you.

Posted: Sun Jan 27, 2008 9:21 pm Subject:

Iwishman posted this twice, Im going to paste my response from the other post in they missed it and only read this one.

Well first thing I'd have to ask is whats the law regarding recording phone conversations in your state? In some states both parties must be aware of the recording.

Sounds like a third party violation to me but again, if the recordings not legal it's useless and you can be prosecuted for it.

If the recording is legal then yeah I'd say you have a violation.

Has your MIL tried sending them a Cease & Desist with an added comment that the person you are trying to reach at xxx-xxx-xxxx does not live here?

In my opinion it is generally a bad idea to engage them on the phone, you can very easily validate a debt for them, like by bringing up a "pay for delete". PFD letters are worded very carefully as to not validate the debt for them.

Posted: Mon Jan 28, 2008 5:05 am Subject: midland

Hi. I live in South Carolina, where it is legal to tape a conversation with only one person knowing (me). Besides that, the man knew he was being recorded, he even stated it in the conversation.
SO if indeed, I do have a violation, what do I do next? Is there a letter to send them or should I send a validation letter first? Thanks!

Posted: Mon Jan 28, 2008 5:21 am Subject: midland

Sorry, I also wanted to add that I know it's never a good idea to talk to collectors. However, my mother-in-law doesn't understand why I wouldn't want to settle with these people and she thinks they are "trustworthy". I think after this call she saw another side of the situation and hopefully she'll stay off the phone!

Posted: Mon Jan 28, 2008 5:21 am Subject: midland

don't know why my posts keep showing up twice with different avatars. Sorry

Posted: Mon Jan 28, 2008 6:40 am Subject:

Save that recording, if it is legal with only one parties consent in your state that will help to add substance to your complaint (definitive proof really) file your complaints with the SC state attorney generals office as well as the Federal Trade Commission.

Posted: Wed Jan 30, 2008 5:36 pm Subject:

Looks like you got some pretty good advice here, I wish you luck and hope you get this resolved real soon. As stated above, keep the recording it may be useful later.

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