Sign in to follow this  
adtripho

Experts Please "Validate" My Methodology in Suing

Recommended Posts

Just needed some “validation” on my trek before I go to court. Facts as they stand:

1)

NCO Financial Systems

100 Constitution Avenue

Upper Darby, PA, 19082

Has a negative item which I sent CMRR for validation and was received on 12/19/02. No response to date.

2)

NCO Financial Systems

9050 Pines Boulevard

Pembroke Pines, FL 33024

Has another negative item. My validation letter to this address was returned marked “FOE” (Forwarding Order Expired) so I sent another to NCO’s main office (as listed on their website) to NCO, 507 Prudential Rd., Horsham, PA 19044.

The CMRR was received on 12/26/02.

I have given them ample time, I believe, and they haven’t responded with so much as a printout….nothing!

So to heck with them….now I want $$ for this crap on my credit report which has negatively impacted me.

I have found out it costs $125.00 to file a small claims suit in my county. I also have to pay to “serve” the party with the papers and this is where I need some help.

NCO is registered with the State of Florida Licensed Collections Agencies with the following address:

NCO Financial Systems, Inc.

507 PRUDENTIAL RD

Horsham, PA 19044

Is this the address where I should serve them both? If so, can anyone suggest some economical “serving” services to do so?

3) Finally, here is what I propose to place in each small claims suit:

Plaintiff discovered that Defendant had placed a negative item on Plaintiff’s credit report. Plaintiff wrote via certified, return-receipt mail to Defendant pursuant to 15 USC § 1692g (the Fair Debt Collection Practices Act – “FDCPA”), and requested debt validation in writing which was received by Defendant on 12/xx. Defendant ignored this request and further failed to delete said item from Plaintiff’s credit report as required by the FDCPA.

Defendant has violated the FDCPA by refusing to validate the debt in writing pursuant to 15 USC § 1692g and continues to report negative information to credit bureaus in further violation of the above-mentioned code.

Plaintiff is entitled to liquidated damages in the amount of $1,000 in addition to court costs, filing and service process fees.

Did I leave anything out? My biggest fear is I somehow “serve” incorrectly or misword my complaint!

Have been working on this all night with lots of helpful hints from this site. Hopefully I got it right??

Share this post


Link to post
Share on other sites

Had a problem with NCO very recently. After after 6 mths and about 12 validation letters, finally strated preparing small claims suit but sent a last ditch letter to John Emmons- Compliance Officer. Recived deletion letter within two days.

NCO has a registereed agent in Florida

You would have the person served as a registered agent for NCO.

Let me see if I can find the address... Ths address is available on the sunbiz.org website.

CORPORATION SERVICE COMPANY

1201 HAYS STREET

TALLAHASSEE FL 32301

Share this post


Link to post
Share on other sites

Hold your horses please, are you suing them only because they didn't respond to your letter? You state that they "continue" to report, have they updated the entry on your file after they recieved your letter without a notice of the dispute?

If not, I don't see how they've violated. They don't have to respond to your letter, and they don't have to do it within a certain timefram, however they can't continue collection activity...is that the case?

Share this post


Link to post
Share on other sites

<blockquote>Originally posted by Swede

Hold your horses please, are you suing them only because they didn't respond to your letter? You state that they "continue" to report, have they updated the entry on your file after they recieved your letter without a notice of the dispute?</blockquote>

I'm suing them because they havne't validated it, haven't reported it as disputed and it's still listed just as it was.

<blockquote>'t see how they've violated. They don't have to respond to your letter, and they don't have to do it within a certain timefram, however they can't continue collection activity...is that the case?

</blockquote>

No, they are not calling/writing me but it's still on my report without being validated. They've had nearly two months to do so....how much longer do I have to wait to get this junk off? According to the "debt validation" procedure on this site I'm doing what I'm supposed/entitled to??

Share this post


Link to post
Share on other sites

I would recommend sending validation directly to John Emmons, NCO's compliance officer. After my validation letter was forwarded to his office it was deleted from my credit reports. :D

Address:

NCO Financial Systems, Inc.

150 Crosspoint Parkway

Crosspoint Business Park

Getzville, NY 14068

FAX #: 716-404-2120

Share this post


Link to post
Share on other sites

<blockquote>Originally posted by adtripho

I'm suing them because they havne't validated it, haven't reported it as disputed and it's still listed just as it was.

Share this post


Link to post
Share on other sites

<blockquote>Originally posted by Swede

<blockquote>Originally posted by adtripho

I'm suing them because they havne't validated it, haven't reported it as disputed and it's still listed just as it was.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this