I had a slightly similar issue but with a different company. But I used the Consumer Financial Protection Bureau web site (https://www.consumerfinance.gov/complaint/) and lodged a complaint. I received a written response in 15 days that also included debt validation (companies are strongly encouraged by the CFPB to respond to complaints within the 15 days.
So, if I were you, I would file a complaint against Midland via the CFPB, and tell them that you received their pre-legal letter but did not recognize the debt. I would include that you tried their call center within the 30 days outlined in their letter and they refused to provide the information that was promised in the pre-legal letter.
The nice thing about the CFPB is that you are taking your written dispute to Midland, but it's like the government is looking over your shoulder and making sure that Midland is behaving. If you ever have to go to court, the fact that you documented your issue with the CFPB and received a written response from Midland, might be helpful. Just be careful in what you write in your complaint -- while you can use Midland's response against them, they can use what you write against you, too.
I would be vague about the debt and focus more on Midland's communication. Something like you were confused by their letter, tried their call center (include date/time and other details of the call) to get the information promised in their letter, and was met with stonewalling. I would also upload their letter (it doesn't have to be redacted as it will not be made public) as part of your complaint.
Hope this helps! Good luck.
Send them a written request per the CA statute. Do it the old fashioned way via USPS return receipt. (Green Card)
Document, document, document...
Their letter says they will send you a payment history. Ask for it. Then verify against your bank records.
The letter saying one thing and the phone drone saying something different may be construed as false and deceptive means to collect a debt.
You need to get very organized and once again document document document..
@millyann @BV80 and all,
I just called midland and spent 20 minutes talking to them. made sure I didn't acknowledge any debt and mentioned that I am not agreeing to anything. Everything was recorded.
I asked them when a payment was last made on that card, and they said last September, which I know is a lie because my bank records go back to last September, and there is no payment for $50. I'm going to pay to retrieve my records for the last 4 years.
However, I requested a DV and the guy told me that the pre-legal notification is my DV. Then he said that all the payments and information can be found on their website. I go to their site and enter my info and it says I need to agree to their terms, which then I didn't go forward with because I need to make sure it doesn't have some shady term in there.
I then told him that the pre legal notification states that I have within 30 days to send a written request for all the history and so on. He then says that a DV was sent to me in 2017 of September, and that they cannot send me another one. I then questioned him and said I dont remember receiving one, and even if they did send it, I'm asking them to send me another one so that I have a DV.
He responds and says that he cant. I then asked him clearly "are you saying that despite this pre legal letter stating I have 30 days to request, midland will not send me another debt validation whether I request it over the phone or written, because you're saying that one was sent to me in 2017?" He said yes, thats correct.
So, now I'm back at square 1. Should I try logging into their site? What does everyone think?
The “for your reference” notice on the letter is based upon CA law. Your request should be in writing.
CA Civil Code 1788.52(c)
(c) A debt buyer shall provide the information or documents identified in subdivisions (a) and (b) to the debtor without charge within 15 calendar days of receipt of a debtor’s written request for information regarding the debt or proof of the debt.