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Looking for 2 letters to send to NCO


ssarao
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Hello, new user here, love the forum. I'm trying to find sample copies of 2 different letters to send to NCO. I sent them a letter requesting validation of my debt, the 30 days is coming to a close, and I need a copy of a letter to send to them if they should fail to validate. Also, NCO, despite my request in the validation letter, has still continued to call me and leave messages (I have proof on caller ID and I've saved the messages), and I'm looking for a copy of a letter to deal with that. I've tried searching the forums and the sample letters, but to no avail. Thanks to everyone in advance for your help.

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Your second letter should be in itself, a second DV letter. Tell them that they failed to provide you with proper validation in response to your first letter and that you are requesting validation again. Also, in the letter, tell them that you want all correspondence to be done by mail only.

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They are not required to stop calling you as long as it is during normal hours and not at your work if you request not to be contacted there. The most effective way to get a creditor to stop calling you is to place a line in your DV that says that all phone calls to you will be recorded for later use. This seems to work like a charm.

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I'm in New Jersey. I already sent them a combination C&D/DV letter, CRRR, that was received by NCO on 11/3. They've called me at least 7 times since then, leaving messages twice, which I still have. They've never called me at work or on my cell, fortunately. Their 30 days to validate expires over the weekend.

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Don't send a second DV letter. If you sent your first CMRRR then that's enough to do the trick. If they don't provide Validation then they must stop collection activity of the debt. Any form of collection activity is a violation. Remember, that if they call and bug you, and they have already got your DV letter and you have your green card receipt, they can only do one more call any calls after the second call is considered continued collection activity.

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Thanks for your help, everyone. I know I've seen a copy of a letter to send to them should they fail to validate, and I'm pretty sure I saw a copy of a different letter to send them regarding the calling continuing after they got the C&D letter. I just can't find them. Does anyone know where I can locate those please?

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Is it this one?

--------------------------------------------------------------------------------

Your Name

123 Your Street Address

Your City, ST 01234

Credit Bureau

Credit Bureau Address

Some City, Any State 56789

Date:

RE: Dispute Letter of Date you sent in first or subsequent requests

Dear Credit Bureau,

This letter is formal notice that you have failed to respond to my dispute letter of date. I sent this letter registered mail and have enclosed a copy of the return receipt which you signed on some date.

As you are well aware, federal law requires you to respond within 30 days. It has now been over that period since your receipt of my letter. As you are no doubt aware, failure to comply with federal regulations by credit reporting agencies are in serious violation of the Fair Credit Reporting Act and may be investigated by the FTC. Obviously, I am maintaining detailed records of all my correspondence with you.

I am aware that you may have misplaced my letters or have failed to respond to my letter because of an oversight due to the high volume of the requests you receive daily. If this is the case, I'm sure you'll want to handle this matter as soon as possible. For this purpose, I have included a copy of my original request, the dated receipt of your reception of the original letter and a copy of the proof verifying the incorrectness of the credit item you have mistakenly placed on my records.

The following information therefore needs to be verified and deleted from the report as soon as possible:

CREDITOR AGENCY, acct. 123-34567-ABC

Please delete this erroneous item from my credit report as soon as possible.

Sincerely,

your signature

Your Name

SSN# 123-45-6789

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There are a few misconceptions in this thread that I want to address.

1. A CA does not have a 30 day time limit to validate. If they cease collection activity, they don't have to validate at all. If they do not cease, they have violated, whether they are within 30 days or not.

2. While the FDCPA is a strict liability statute, it is important to get multiple violations in order to prove intent. Damages are set by intent, if you try going by "strict liability" you may get a $1 judgement, which will do you no good. You want to look like an aggrieved party, not like a whiny deadbeat trying to weasel out of a legitimate debt on a technicality.

3. There is no requirement in the FDCPA that a CA has to follow a limited C&D. It is all or nothing. Some say that you are trying to play on the law prohibiting inconvenient calls, but I don't know how much success you will have with that. I have found that the suggestion of the previous poster that places a notice that he will be recording in the DV to be most effective.

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They are not required to stop calling you as long as it is during normal hours and not at your work if you request not to be contacted there. The most effective way to get a creditor to stop calling you is to place a line in your DV that says that all phone calls to you will be recorded for later use. This seems to work like a charm.

This is not accurate. In most states one you send them a letter telling them to stop calling you, they must stop calling you.

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To back up Divemedic, what is said is true, a CA must cease ALL activity upon receipt of the DV letter, including the noting on any TL that the debt is disputed, to all CRA's, until such time as debt is validated. Therefore, they are in violation now for the continued calling, not just for ignoring the limited C&D, but, for violating 809. It is quite clear in it's wording. But, as stated, do not jump on only 7 calls, let it sit as all they are doing is cutting off their own heads. Mind you, if they filed suit, you have a right to file a "Defendants Claim" against them for the violations. If you jump and go after them now, your case will be weak as they can easily say the chain failed to tell everyone. In short, we are sorry, but. And, there is no time limit for them to respond. All they are required to do is obey the law as it is written.

As to the limited C&D, they are required to respond in kind to your request as if they continue to call after notification, they can be in violation for harassment, which will be identified by your claim. Though there are many suggestions as to why this would not hold up, you must remember that if the CA receives any form of a C&D, no matter the wording, they are bound by law as to what they are doing, their intent and are required to respond in that matter only, such as, we closed, we are suing, or. As to the comment regarding noting in your DV as to any further calls being recorded, this still does not protect you if you are in a two party state. The caller must still be informed at time of call.

As to whether to send a second DV, that is up to you, but, since you are dealng with NCO, don't expect it to do any more good than your first one. Yes, it does create a paper trail which is in your favor if you did go to court, but, you must know one very important thing. NCO has many affiliates and, upon receipt of a DV, they just send the account to an affiliate and it starts all over again.

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Sarris and Retmar, I must disagree with you on the Limited C&D. The sectio on C&D says:

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Now that clearly only allows for a request to cease ALL communications. The section which many attempt to use is:

a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

But I do not think a court will allow to say all calls are inconvenient, as this would have the effect of tying the hands of the CA. They are going to balance the consumer versus the collector here. I don't think many judges are going to side with you there.

Of course, in the case of the OP, the CA was wrong in continuing collection activity after receiving a validation request and before providing validation, which is of course a violation.

Do a second round in this case and document the results.

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As I said in my other post, the CA is obligated to respond to the C&D as described by law. Though the law does not specifically state anything regarding a limited C&D, the CA can still be held liable for harassment if they continue activity without proper notification to the consumer as to their intent upon receipt of any form of a C&D. The "inconvience" does not apply here unless the CA continues to call at the place of employment after receipt of notification to not call.

But, one can also argue that a limited should be recognized as the consumer, in their own writing, did not tell the CA to go away. They simply asked, for the protection of all parties, to communicate only by US Mail. In short, they have not denied responsibility, refused payment, or made the CA have any doubts that a reasonable solution could not be reached. And, all must realize, many courts, including juries, will see exactly how a CA works if this is brought up. Someone who knows how to speak can make very good argument. Also, remember how CA's

"stretch" the laws to benefit them. Who says you can't.

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There is no time limit for them to respond. They validate or cease.

I'd take out the second paragraph and simply say that if they continue to collect without validating, be it by telephone, mail or reporting this item to the CRAs, you will sue them for violating the FCRA and FDCPA. You continue to dispute the debt. Leave it at that.

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I sent them a cert. letter w/retu.rec. stating not to contact me at all unless by mail. Futhermore i was NOT paying the bill. We had a contract with a radio company to run commercials for our business and none of them were run on the dates we agreed. They keep calling and now received a letter for me to offer settlement payment. THey WISH!

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