CarolinaBlueEyes Posted June 9, 2006 Report Share Posted June 9, 2006 I got a bill from NCO Financial today for a debt they purchased.. the second paragraph reads:This letter is your opportunity to make arrangements to pay the balance before the account is forwarded to an attorney licensed in your jurisiction who will review your account to determine whether or not to initiate a lawsuit to collect for the outstanding balance.. the amount is 2125.32.. the SOL on it is up is Sept.. any light on this would be helpful.. do I need to really be concerned or is it just something they are doing to scare me even further... Link to comment Share on other sites More sharing options...
Methuss Posted June 9, 2006 Report Share Posted June 9, 2006 That letter is an FDCPA violation on its face if it is the first letter you have gotten.They must give you an opportunity to validate and they can make no threats to take action against you that are contrary to that right. They can ask that you pay the bill, but cannot demand payment in that validation period or threaten you with any sort of "legal action" during that period. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted June 9, 2006 Author Report Share Posted June 9, 2006 Well the way it sounds is like they have sent out a letter before.. I have never recieved one... (My mail does get misdelivered from time to time but I keep all this type of stuff)...So I never asked for validation since this is the first communication.. so what now.. do I ask for validation even though the way this reads it seems to be an additional letter??I have recieved dunning letters before and they give you the 30 day dispute.. this one does not have that. just to respond with payment in 30 days Link to comment Share on other sites More sharing options...
LadynRed Posted June 9, 2006 Report Share Posted June 9, 2006 The 30-day notice is not required on subsequent dunning notices.The implication that they will send it to an attorney is more than likely a scare tactic to get you to cough up the bucks ASAP. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted June 9, 2006 Author Report Share Posted June 9, 2006 Thank you Lady In Red you are always so helpful.. (as is everyone else here) I sort of thought that too... should I still request a validation.. as I said this is the first time I have seen anything from them Link to comment Share on other sites More sharing options...
hinky Posted June 9, 2006 Report Share Posted June 9, 2006 Yyyyyyyyep. You have 30 days from the day you got that. Try to send it toward the end of that. Then once you get their reply you'll have 30 days to review it. If you're careful you can stretch this out 'till September. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted June 10, 2006 Author Report Share Posted June 10, 2006 Great can you tell me if I am missing anything here...I sort of cobbled this together with two form letters (the major part is from this site) and added a phrase or two of my own.. and used the rest... I dont want them to sue.. so if this sounds bad, or harsh or should I add anything can you let me know.. again THANKS!NCO Financial Systems507 Prudential RoadHorsham PA 19044 Re: Acct #To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on June 4, 2006. This is the FIRST notice I have received regarding this account and by law I have a right to request this debt be validated. (which should have been in your letter) Your letter started out "as you are aware" NO I was not aware until this notice arrived. 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 ( 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; 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 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 should 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, All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Best Regards, Link to comment Share on other sites More sharing options...
hinky Posted June 10, 2006 Report Share Posted June 10, 2006 Looks fine, just make sure you get it postmarked in time. I would recommend a day or two before your 30 days is up.Or you could email it the DAY OF, but of course email is not as reliable as a paper trail. Link to comment Share on other sites More sharing options...
goodmank Posted June 10, 2006 Report Share Posted June 10, 2006 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, All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. You may want to rewrite that sentence. It appears incomplete to me. You say if they call you........... but you do not say what action you will take. Link to comment Share on other sites More sharing options...
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