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Willingtocope....Here'e the reply and more Q's!


suki
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I have bumped this post up to the top to get a reply...

Suki: Sorry...this has become pretty confusing to follow. Too many questions under one roof...

First, there was a computer glitch on the discussion board around the first of the year that may have misplaced your original posts.

Second (as you might have already discovered) when you first enter a section of the board, there is a "New TOPIC" button on the top left. That's what you use to enter a new thread (or question).

Third, the SOL is a state by state thing. In Ohio, for example, it seems to be 10 years. So, if you have an account that you paid on in the last 10 years, its still collectible. And, all SOL means is that if you're sued, you have an absolute defense...it doesn't mean that they can't keep hassling you for the money.

Fourth, NCO is one of the nastier collection agencies (CA) and junk debt buyers (JDB). They collect on a lot of different accounts.

HI WILLINGTOCOPE,

THANKS FOR ANSWERING SOME OF MY QUESTIONS - SORRY IF MY QUESTIONS WERE CONFUSING, PROBABLY WHEN THE POST WAS SUPPOSE TO BE A QUESTION IT WAS INADVERTLY SET UP AS A REPLY TO ANOTHER POSTING SO IT GOT LOST.

I TRIED TO REQUOTE MYSELF TO BUMP UP TO THE TOP. IT STILL DID NOT WORK AS WELL AS TRYING TO EMAIL TO THE MODERATOR, OH WELL YOU ARE HERE THAT'S WHAT COUNTS :)

Here we go:

I want to address my first DV letter to an account that has a last activity date as of November 1997. This was also in MA. I have come back to MA in 2003 but have not heard from them until August 2005.

Because MA SOL is 6 years I know that it has been almost over 8 years ago.

To prove that I am right the NCO just replied to my DV letter dated 8/22/05. Their letter dated December 23, 2005 stated:

Dear ......

Thank you for your inquiry regarding the above-referenced account. Please be advised that the above-referenced account is closed in our office. Further inquiry regarding the underlying debt may be directed to xxxxxxx, xxxxxx, Bridgeton, MO xxxxx.

In addition, please be advised that we have contacted the credit bureaus with which we do business with with our request to delete our listing of the above-referenced account from your credit profile for the social security number we have listed in our records. Please be advised that NCO Financial Systems, Inc cannot affect a change to how any other company may have listed the above account on your credit profile. We appreciate the opportunity to respond to your inquiry.

Very truly yours,

xxxx xxxxx

Supervisor, Incoming Data Management

OKAY, NOW THE QUESTIONS:

1. It looks like I need to copy this letter and send it to the OC to get them to stop collections activites for good?

2. How should a letter be addressed to the OC with the copy of this letter that I just got from NCO?

3. Can this reappear even if the OC has removed the CA activities?

4. How can I prevent another appearance of this account?

5. Since there has been a change in my credit report, am I entitled to request a free report to all three CRAs, in addition to the free reports I got in September 2005 when it became available?

Comment: I am slowly realizing that this could be a never-ending game with the CAs! How depressing!

MY SECOND SET OF QUESTIONS

The two old accounts: These accounts are very old in my college years (1978) and I had paid a lot of payments over the years, off and on when I could as I was unemployed (not my fault) and the problems of the minimium payments were not enough.

The date of last activity of payments were December 1997. The high collection fees, interest and part-time work was the drive that killed off the incentive and the ability to pay it off.

I was contacted by the Merchant Credit Guide Company on 12/30/05 by two letters dated 12/23/05 for those two old accounts I described above by the same OC (cc). Merchant stated that their client is NCO, and OC is the cc company. They are demanding a debt to be paid for these accounts.

The SOL in MA is 6 years old. The LDOA was 12/97. It is over 8 years old.

Here are the Questions:

1. Should I DV all three entitiies; 1) Merchant, 2) NCO, and 3) OC (cc) company?

2. To speed things up do I threatened to sue?

3. Can these CA activities actually continue even when the last activity of this debt has been over 8 years ? The OC should be well aware of the age of theses accounts. What is the purpose for the SOL if this has nothing to do with time frame and cease of debt activities, how can it help???

4. What are the pros and cons for OPTOUT? I heard good things and bad things, but I am still confused to what is really good or bad for my situation.

Hope this is a better set of questions for you Willingtocope... if not, I will try again to rephrase it.

Thanks so much !

Suki

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Suki-your going to get a lot farther if you break up your posts. Only ask 1 or 2 questions as it relates to a single situation. It's easier for everyone to follow that way. Remember that the DV process is only for CAs-an OC is not bound by the FDCPA and thus does not have to respond to a DV.

You can request a new CR any time you'd like. The question is do you need to pay for it. Have you used your free reports from annualcreditreport.com?

Also-some states allow for a free report each year. You might check into that. Have you been denied credit? If so you are also entitled to a report from the CRA that the enitity denying your credit used. Just having a negative on your report does not get you a new free report. If all else fails, just buy it.

I'm not sure that sending a letter from a CA to an OC is going to do much good. Remember that once the CA understands that you know that they can't do anything to force you to pay-they are just going to return the account to the OC-who can still attempt collection. You are correct-this can go on for awhile.

You need to DV the CAs for all of your old accounts. If they dont provided the proper validation-then they MUST stop collection efforts. Adding a derog to your CR is considered a collection effort and thus must be removed. BUT YOU HAVE TO FOLLOW THE PROCESS.

Get those DV letters out to all your CAs and go from there.

Here is everything you need to know about DV:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

:)

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