NCO: DV after 30 days? Also, 5 day after init contact?

[vindale]

NCO has a collection account on my CR's for a small amount (<300). The account is from Aug of 1999, out of SOL, and I only learned about it by looking at my CR's--never recieved a dunning letter.

I called them (before I learned that calling is bad) and asked them to send me some form of validation or documentatin about the alleged debt. It's been over 90 days since the phone call and I still have not recieved anything from them (no letters, not phone calls, nothing).

So, my questions:

1) Does the phone call count as initial contact? By failing to send a letter w/i 5 days, have they violated FDCPA?

2) Is it worth sending a DV letter now in order to 1-2 punch? If it is, I'm assuming that I should simply memorialize the above phone call and dispute the debt? Should I also mention the FDCPA violation from my first question? Does the fact that it's been more than 30 days since the phone call imact this at all?

3) If my questions are all off base, what should I be doing?

[codename_fortyseven]

Initial contact is initial contact. The law doesn't say when the CA contacts the consumer, just initial contact, so yes that phone call was it.

They didn't send the 5 day notice, FDCPA violation #1. Just make sure you can prove when you called.

FYI, NCO records all calls, so keep that in mind if you ever want to record in the future.

I wouldn't mention the FDCPA, violations, or any statutes, why? What's the point of that? I would 1-2 punch them now, and see how many more times they violate.

The 30 days since the phone call is meaningless, unless you are in Tx.

[Micheala]

Did you check your reports. My experiences wil NCO are that a well written DV will get them off your reports.

[Recovering Attorney]

My experience, too. I'd 1-2 them. If you do write them, make sure you say n your letter that "this letter is not nor should be contrued as an admission of any facts."