Caught off guard by Midland Funding

[takingcontrol2013]

I answered my phone today unaware that it was a collection call from Midland Funding. Once I realized who it was I stated I did not recognize the alleged account that they were calling about. I asked for validation by mail and stated that it was inconvenient for me to receive phone calls and that I requested any further contact be made by mail only. The account manager stated that I would have to call another number to request validation and until I did this he could not guarantee that I would not be contacted by phone. My question is was my original statement of no phone contact enough to protect my rights under the FDCPA or would I still have to call again to request validation and no phone contact from Midland.

[futurehomeowner?]

how would you prove it? It needs to be in a letter if you want to actually have protection.

[ICANHASMUNY?]

I answered my phone today unaware that it was a collection call from Midland Funding. Once I realized who it was I stated I did not recognize the alleged account that they were calling about. I asked for validation by mail and stated that it was inconvenient for me to receive phone calls and that I requested any further contact be made by mail only. The account manager stated that I would have to call another number to request validation and until I did this he could not guarantee that I would not be contacted by phone. My question is was my original statement of no phone contact enough to protect my rights under the FDCPA or would I still have to call again to request validation and no phone contact from Midland.

what a bunch of bull.

 

within 5 days after they contact you, they have to send the FDCPA notice letter. - you don't have to request it, and you shouldn't have to call to request validation

 

An Oral Dispute is Fine within the FDCPA.

 

and in the future, don't play your hand ahead of time over the phone. with how much you know or don't know about the FDCPA.

[TheChosenOne]

how would you prove it? It needs to be in a letter if you want to actually have protection.

 

exactly. Collection Agencies will deny anything said over the phone, unless you are recording the call yourself, keep everything in writing.

 

If I want to toy with them, I usually start out the conversation with "I am recording this call as evidence as this is not a 2-party state and I within my right. You now have 5 days to send me legal validation of this debt or you will be in violation of FDCPA and subject to a $1000 fine. What is your name and your companies name?"

 

Not sure how it would hold up in court and I never actually record the call but it sure does get them to hang up awfully fast and in some instances stop calling all together. Best option is not to toy with them if you are serious. Get it in writing.