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Posted: Tue Mar 20, 2007 10:58 am Subject: 30 days almost up |
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I sent DV letters to all the CA's that were trying to collect on credit card accounts. On the 26th it will be 30 days since they all received the letters.
If I still don't get anything in the mail, what is the next step?
MRS & Associates, plus Valentine & Kebartis have ceased phone calls however NCO has not. Once a week I still get a 'bill' in the mail from NCO regarding the three accounts in their file.
But anyways, what next?
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drjonah

Joined: 22 Feb 2007
Posts: 136
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Posted: Tue Mar 20, 2007 11:19 am Subject: |
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It has been my experience that these places don't seem to ever be in a rush to do things, unless of course it is to get your money. You will probably get letters from them soon especially the ones that have ceased calling. The one that keeps sending you a bill is probably using some automated system for mailing and one hasn't caught up with the other.
On the other hand, I have also found out that these CA's and "law firms" have left hands that don't know what the right hands are doing. When this one law firm would call me, it was always a different "legal rep" and I would always get a different answer! They can be very frustrating as you probably have come to realize. Stay strong and dont' let them get away with anything.
Maybe if yuo never receive letters back you could send them another letter questioning it and saying that you demand that your accounts be marked paid in full.
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Lorri
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Posted: Tue Mar 20, 2007 12:22 pm Subject: |
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There is no legal claim in the Fdcpa for them to validate in 30 days. All it states is that once debt is disputed,they must cease all collection efforts. As long as they cease collection,they could never ever validate and still be legal. By the way Nco is breaking the law with every call and letter they send. They are not allowed to continue to collect regardless of cpu generated or not. The only communications the collectors can send after dispute is validation of debt.
If it was me,I would send a strongly worded letter to Nco listing the number of calls and letters received after debt was in dispute.Tell them to cancel debt,remove any reporting on credit reports,and you just might settle for $1000.00.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
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http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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Joined: 20 Dec 2006
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Posted: Tue Mar 20, 2007 12:33 pm Subject: |
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thanks Cajun. the problem with listing the phone calls is that except for the occasional voice mail, I have no proof that they are the ones calling me since the caller id always lists 'unavailable' or 'private'
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drjonah

Joined: 22 Feb 2007
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cajunbulldog
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Posted: Tue Mar 20, 2007 12:56 pm Subject: |
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No threats were ever made but the times i've been home when the phone rang and I answered, I either got an automated message (the same as the voicemail) or a hangup.
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drjonah

Joined: 22 Feb 2007
Posts: 136
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cajunbulldog
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Posted: Tue Mar 20, 2007 1:09 pm Subject: |
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oh it's definately an attempt. I will say this, NCO may be a crappy CA, but at least they follow the law when they leave voice mails by identifying themselves and saying 'This is an attempt to collect a debt'
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drjonah

Joined: 22 Feb 2007
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cajunbulldog
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Posted: Tue Mar 20, 2007 1:31 pm Subject: |
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Do you have the collection companies reporting in your credit report? You may dispute the item with the credit bureau and request for investigation with the collection companies. They must not do unauthorized reporting that hurts your credit potential. Only the company that has your legit info will stay and you have to work out payment arrangements with them.
Show copies of your validation letters to the bureau and make your dispute stronger. The bureau will call the companies and verify the disputed item. If they don't show any verification, your dispute will be found correct and the item will be removed from your file.
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aciotsf
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Joined: 09 Mar 2006
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Posted: Wed Mar 21, 2007 3:53 pm Subject: |
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Keep us updated on this.
I, too am waiting on a collection agency to validate a debt. It hasn't been 30 days but it is close enough. If after the 30 days is up and they have not validated, I will send another letter and that will be the last one I will send. If they send me another letter trying to collect payment before they have validated, I am ready to file suit. I have had it with these collection agencies.
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mocha1482
Guest

Debtcc Points: 100
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Posted: Wed Mar 21, 2007 4:39 pm Subject: |
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Just an update. I spent some time looking at all my credit reports and so far, all the credit cards are only listed as 'charged off'. None of my credit reports have any listing for collection agencies being assigned to them
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drjonah

Joined: 22 Feb 2007
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