Robert
Buffalo,#2Consumer Suggestion
Wed, August 20, 2008
""2. File Suit against NCO in your local Small Claims Court for $1000 immediately after they do any of the following: A. After receipt of your letter above sent Certified Mail Return Receipt Requested, you recieve a telephone call from them."" Correction. Sue if they contact you to COLLECT on the debt. Per the FDCPA they are allowed to contact the consumer debtor ONCE after receiving a cease communication letter for the PURPOSE of informing the debtor as to what further, if any, action they are going to take. Example; they can contact the debtor to state that they have returned the account to the CREDITOR, or that they consider the matter closed, etc ""C. They verify the Trade Line to any Credit Bureau without noting that the matter is in dispute D. They update their Trade Line in any Credit Bureau file without including a Dispute notation. 3. If they actually do sue, your defense will be Statute of Limitations and you will countersue for a $1000 FDCPA violation."" The SOL is an affirmative defense to a suit over a consumer debt that is beyond the SOL. The FDCPA violation is another matter. Violations have to be documented and PROVABLE. The scenario you outlined has an acception as I stated. If they contact the debtor to INFORM the debtor of the further action or inaction they are going to take, this is NOT a violation of the FDCPA.
J G Shrugged
Austin,#3Consumer Comment
Wed, August 20, 2008
Except I wonder if they got (or someone did) a judgment some where along the line. Reaging the debt was a big no-no....
Steve
Tucson,#4Consumer Suggestion
Wed, August 20, 2008
NCO owes you $1000. If this debt was from 17 years ago then the debt is Out of Statute for Collections in every State. In order to even get it on your credit report they had to have re-aged the debt to make it look less than 7 years old. This is a violation of Fair Credit Reporting Act - a Federal Law. Here's what I would do: 1. Send NCO a "FOAD" letter -. FOAD stands for "F*ck Off and Die", meaning you do not indent to pay them - ever. Include in that letter a statement that you dispute the debt and that they are not to call you at any time at any telephone number because it is "inconvenient". Use the word "Inconvenient" because that is the wording of the next law you will use - Fair Debt Collection Practices Act. 2. File Suit against NCO in your local Small Claims Court for $1000 immediately after they do any of the following: A. After receipt of your letter above sent Certified Mail Return Receipt Requested, you recieve a telephone call from them. B. They even threaten to sue you. C. They verify the Trade Line to any Credit Bureau without noting that the matter is in dispute D. They update their Trade Line in any Credit Bureau file without including a Dispute notation. 3. If they actually do sue, your defense will be Statute of Limitations and you will countersue for a $1000 FDCPA violation. NCO will fold like a cheap house of cards when you stand up to them. A LOT more information can be found on Debtorboards (dot com)