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Wife's credit is completely restored, but wait here is NCO


DownAndOut
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Got a letter from NCO after about 7 years after SOL from a tennessee debt of 5000 dollars. Now NCO wants over 12000 dollars.

I sent a DV letter to em and no response. PG does not show em reporting but am scared every day they will appear.

what to do? we have a home being built and would lose our deposit and 60k in equity if we cant qualify before closing.

we built a new home and qualified to begin building but new homes require approval at the start and end of construction and NCO letter appears after 1st approval and down payment,.

o my how upsetting

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NCO bought a junk debt, that's all. They can't validate. If you don't hear anything, you'll be fine. There's really nothing for them to do since it hasn't been reported. I'd send a second DV to them, one with stronger language such as "you have failed to validate this debt thus far, this is my second and last attempt. Any further action to collect this alleged debt or reporting of this alleged debt to any credit bureaus will result in immediate legal action as per FDCPA and FCRA."

Make sure you're sending everything CMRRR.

As long as you disputed within the 30 days, they have nothing on you.

They don't usually respond unless they have validation. It is seriously unlikely that they will report now that you've asked for validation.

Keep all paperwork that they send and that you send so that if it does (unlikely) become a problem, you can sort it out and show your mortgage lender.

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I sent this letter cmrrr

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

# What the money you say I owe is for;

# Explain and show me how you calculated what you say I owe;

# Provide me with copies of any papers that show I agreed to pay what you say I owe;

# Provide a verification or copy of any judgment if applicable;

# Identify the original creditor;

# Prove the Statute of Limitations has not expired on this account

# Show me that you are licensed to collect in my state

# Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

Your Name

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If you are positive the SOL has passed, forget about sending a second DV. Send them a full and complete C&D telling them the debt is timebarred and they have no legal recourse to the debt. Though they have purchased the debt for pennies on the dollar, the original date of delinquency stands. There is no way they can prove the SOL was tolled. At the same time, it is illegal for them to report the debt to any CRA, unless they want sued for reaging. Be sure and include that, in some states, it is a violation to even attempt collection of a timebarred debt. Make it clear you are filing complaints with your AG, their AG, FTC, and any other State and Federal Agency who governs debt collectors. In short, tell them they must close, assure any inquiries and reporting are deleted from all CRA's, not sell, transfer, or reassign to anyone else, and have gone to eat Maggot Droppings. Demand they send you a letter postmarked no later than 5 days after receipt that they have complied with your demands or you will sue without further notice. True, they will more than likely not respond, but, should never bother you again.

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