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got answer to bebt validation letter what now?

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Hi, I sent the Attempt to Validate Debt letter to javitch block and rathborne for a credit card debt they informed me that they were taking me to court on. I pasted a copy of the letter they sent in aswer to validate letter below. In Ohio I have been told credit card debt time limit is 6 years. This debt is at least 5 1/2 years from last payment, probably over the 6 years. What should I do next? Looks to me debt is to old or they can't validate.

Thanks in advance for any help!

I am the attorney who represents the Plaintiff, NCO Portfolio Management, in the above matter.

Please be advised that this is regarding your MBNA Mastercard charge card. The account number is

xxxxxxxxxxxx. (I deleated number) I wish to advise you that my client has authorized me to extend an offer of settlement

on the above stated matter for an amount lower than what is prayed for in Plaintiff's Complaint. Payment

on this offer of settlement may either be in lump sum or in installments.

It would be in your best interest to contact me so that we may discuss any future settlement and so

that we may review this case, at this time, I can answer any questions or address any concerns you may


I suggest that you contact me so that we can avoid any court proceedings.

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If that's all you got, they haven't validated. In fact, they are in violation of FDCPA because they are continuing collection efforts without sending you the proof that you are entitled to. Send a copy of the validation letter to the attorney (with proof of receipt) and add a statement that according to FDCPA they are in violation and that this debt is most likely time barred (past SOL). Demand proof. I'll post a response I sent as soon as I have the chance.

[Edit by cybercrusader on Monday, May 19, 2003 @ 08:09 PM]

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In addition to the violation of continuing collection efforts with out proper validaton, if you do contact the "attorney" named in the correspondence, ask for his/her state bar number. You can then determine if the person named in the correspondence is actually a lawyer who is licensed to practice law in the state in which you reside and NCO is collecting.


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