Twister411
San Francisco,#2Consumer Suggestion
Tue, November 27, 2007
You're suppose to file a written objection to the collection notice within 30 days of the notice, don't forget to send it via USPS certified return receipt. By law, they are suppose to tell you the original debtor not the company they bought the debt with. They most tell you the original amount and time period it was incurred. File a complaint with FTB.gov about this false collection, about the failure to provide information, the fact that this debt is not even yours. They will investigate. I just got a letter in the mail, and they said they same thing, this debt was purchases, blah, blah, blah. This debt has never showed up in my debt history within the last 10 years, so I have no clue where this info is coming from. You need to fight it and show proof you fought in just in case they do take you to court for not responding. If they contact you by phone, advise you've filed a complaint and if they contact you again, you will sue them for unfair business practicse per the Fair Trade Commisions. Usually they disappear after you file a complaint, but they may reappear after a year or so and you just have to remind they failed to timely handle your object. These people are nothing more than SLIME. Good Luck
Don
Belleville,#3Consumer Suggestion
Fri, December 29, 2006
"Do I demand they validate this?" As you say that this account ins 10 years old, demanding a validation notice is a great start. There are many sample letters you can find on the net that do a great job. "Do I demand they stop trying to collect on a time-barred account?" There is no such thing as a time-barred debt. The statute of limitations may have passed, so they can not sure you. They can still attempt to collect on the debt forever. "Are they in violation for sending me this collection notice?" From what you have described, they have followed the law with the collection notice.
Steve [Not A Lawyer]
Bradenton,#4Consumer Suggestion
Fri, December 29, 2006
Valari, DO NOT in any way contact them on the phone. Never speak to any debt collector on the phone. It will never do anything positive for you and will always make things worse. That debt is not legally collectable and they know it. The game they are playing is attempting to confuse you into paying even a small amount that would restart the SOL and make it legally collectable. And, it is illegal to attempt collections on any other amount than the original charge off, and interest as allowed by law. That amount is like 6 or 8% max. I forget exactly. However, that interest rate starts after charge off and stops when the SOL runs out. If they are trying to collect a higher amount, they are actually engaging in fraud. File a complaint with the Postal Inspector for mail fraud. Also file a complaint online at ftc.gov. Now, send a DEBT VALIDATION request where you dispute the debt, and demand to se the original contract as well as a full account history and itemization of charges. Also demand proof that they are legally allowed to collect on the debt and if they claim to own it demand to see the purchase contract, chain of title and proof of payment including amount paid. Send this by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This procedure is very important. This proves exactly what you sent. Don't expect to actually get any validation from them, but until they give it to you, they must stop all collections activity. I would persue criminal fraud charges on them for more than doubling the original amount. You can also sue them for any damages under the FDCPA. You can get up to $1000 in statutory damages as well as legal fees and actual losses. NCO Group is now called "One Equity Partners". NCO's CEO Michael J Barrist, is the new owner.