Sent Midland a DV, they did not respond & sent a settlement offer instead

[tigernole]

Hello,

I am in Nevada. I sent a DV letter to Midland Credit Management in July in response to a letter from them. It was within the 30 days received. I sent the letter via certified mail and confirmed they did receive it. Yesterday, I received a letter from them with payment plan options and the opportunity to settle for 5-10% less than the full balance. That's all they sent - no typical DV response. How do I proceed? Is this a violation of FDCPA?

Thanks in advance!

[Harry Seaward]

7 minutes ago, tigernole said:

Is this a violation of FDCPA?

It seems that's the case. 

7 minutes ago, tigernole said:

How do I proceed?

What's your endgame? What's the amount of the debt? Is it past SOL? Who is the OC?

[tigernole]

Hi Harry,

thanks for the reply!

It’s for about $550. OC is Capital One. It is not past SOL. Endgame? I’m a cancer patient with limited means. I would not be able to pay the full amount, and I want to avoid being sued.

[Harry Seaward]

"We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues."

https://www.midlandcredit.com/who-is-mcm/our-pledge/

 

[tigernole]

3 hours ago, Harry Seaward said:

"We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues."

https://www.midlandcredit.com/who-is-mcm/our-pledge/

Thank you for that. So should I contact them in writing and advise them that while I am aware that they violated FDCPA, I am willing to not go after them for it in exchange for them suspending collection activities due to my health?

 

[Harry Seaward]

I'm sure others here disagree with me on this, but I wouldn't mention the FDCPA violation if i were asking them for a showing of good faith. 

[WhoCares1000]

I would keep the letters showing the violation but I would not bring up the violation if you are requesting that they stay the file for health reasons.

If they don't answer on your request to stop collecting due to health or refuse, as long as you are within 1 year from the violation, you can always press the violation later.

So @Harry Seaward is correct, don't bring up the violation if you are asking them to act in good faith.

[tigernole]

@Harry Seaward and @WhoCares1000 thank you - fair enough. I'll take that approach then. Should they refuse to respond or refuse outright, how would I go about pressing the violation? Just so I am prepared, if you don't mind.

I will send them a letter explaining my health situation and asking them to suspend collection activity.

Thank you very much!

[Harry Seaward]

55 minutes ago, tigernole said:

how would I go about pressing the violation?

The proper way is to sue them in federal court.

55 minutes ago, tigernole said:

I will send them a letter explaining my health situation and asking them to suspend collection activity.

They have a financial hardship packet that they send out that you complete and return. I would make a reference to their website and the section that talks about them suspending collection activity for health reasons, and I would send everything certified mail so you have proof that they received it. I would also take a screenshot of that website  so you have it  for future reference. I happen to believe that it would be an additional fdcpa violation if they were to continue collection activity after you send them reasonably convincing evidence of your financial hardship due to medical reasons.

[fisthardcheese]

If this were me, I would call a consumer attorney in my area who does FDCPA work and explain the letters.  If one of them is willing to take the case with no up front costs, I would let them handle it.  At worst they should be able to get a settlement that wipes out the debt for good and pays the attorney.  If you are lucky with a more aggressive attorney you may get that plus some money paid to you.  It will all depend on how the attorneys feel about the likelihood of Midland trying to claim they did send a DV and you never got it.