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NCO, Debt Validation & continuing collection activities


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HELP!!

Mailed NCO a dv on July 24, with receipt on July 28 (RRR). Received a letter yesterday, (dated August 6, 2003) that the OC had given them the authority to offer a settlement.

I'm new at the DV process, isn't this considered continuing collection activities? NCO has not validated the debt. What would be my next step???? If this is wrong, I want to make them pay!!!!!

Thanks for any assistance..

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Yes, it's continued collection activity. Once you mail a validation letter to the CA they must cease all collection efforts until they provide you with proof. A letter with a settlement offer is considered collection activity.

If it was me, I would fire off another letter to NCO stating that the settlement offer is continued collection activity and a clear violation of FDCPA sec. 809 (B). Tell them that if they can't cough up the proof or delete your account from their records, that you will exercise your right to sue. You may want to send a copy of the signed green card and the original letter.

However, be warned that if you take the hardball approach, you have to be prepared to follow through with it. It's entirely possible that NCO may have the proof. If they do, the FDCPA violation will be a seperate issue and it won't necessarily stop them from collecting the debt.

Also, check the SOL on the debt in your state: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

If the debt is past SOL, they can't sue you for it in court.

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