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Posted: Fri Sep 28, 2007 5:53 am Subject: Collection Attempt Need help!

Hi everyone. I just got a call from NCO at work. They are attempting to collect on an old Capital One credit card that I defaulted on about 2 years ago. I asked for them to send me a debt validation letter. The rep placed me on hold and came back and said..."well, you see, we really can't do that because we are a third party collector." I then said..."well, until you can then I don't wish to discuss this any further." And then I hung up on him. Did I do the right thing???

Posted: Fri Sep 28, 2007 5:59 am Subject:

Yea u did but now follow up and send them a dv letter and a cease and desist...
Good Luck,
Ang

Posted: Fri Sep 28, 2007 6:01 am Subject:

Thanks Ang. I get kind of nervous when collectors start calling about legal debts! (I don't really worry about the pdl collectors. Smile

)
But, the NCO people could make my life miserable if they wanted to.

Posted: Fri Sep 28, 2007 6:11 am Subject:

YES!!!! You did! "We really cant do that?"...NO, you are really REQUIRED to do that moron. When he put you on hold, he went to ask his Supervisor "oh, what do I do"....

Posted: Fri Sep 28, 2007 6:18 am Subject:

Well my only problem here is that if it is a legal debt, and it is a legal collector, they can use the courts to their advantage.If I remember Eleroo you live in NY , and garnishments are allowed. They can summons you to court, and even if they do not win, they can make your life miserable,This is something I would not ignore

Posted: Fri Sep 28, 2007 6:22 am Subject:

Ur right kash but she needs to send a dv letter and if they do indeed sue she can bring that into play at the time. But definately do NOT ignore it!
Ang

Posted: Fri Sep 28, 2007 6:24 am Subject:

Just to point out, nobody told her to ignore it.

She has the right to the DV letter under the FDCPA since they are a legal 3rd party collector, if the collector on the phone cant help her there is nothing else to discuss....period.

Eleroo-If you want the address for NCO PM me..I have it. ALso let me know if you want a good DV..I have that too.

Posted: Fri Sep 28, 2007 6:28 am Subject:

Point well taken. I am just so paranoid , since the Cohen and Slamowitz fiasco that these legal guys scare the hell out of me. Actually Cohen did tell me that what I asked for in my VD letter they could not provide. They told me they would send what they can, and if they can not collect vountarily, they will just take me to court and get a judgement and levy.

Posted: Fri Sep 28, 2007 6:29 am Subject:

LOL! Volley, that's probably exactly what he did! "Debt validation...What's that????...Let me go ask!" LOL! I can't believe they said "we really can't do that..." Well, if you have my work number then why can't you do that?

Hi Kash. Luckily, I am in SC so garnishments are not legal unless it is for child support, taxes, or student loans. But, you are right. I still definitely need to take care of it ASAP because, even though they can't garnish wages, they can still haul my butt into court or freeze my bank account...My life would be quite hellish!

Posted: Fri Sep 28, 2007 6:31 am Subject:

Yea but how can they get a judgement and levy if they can't even prove they own the debt??? That's ur ace in the hole... the dv letter! SO once again i think that's just a scare tactic.... let them take u to court and u say ok well where's my proof that u own this debt?!?!
That's why the dv is SO important in these cases.
Ang
P.S. And Volley i know no one told her to ignore it, i was just making the comment since that was MY mistake!! Very Happy

Posted: Fri Sep 28, 2007 6:39 am Subject:

Thanks so much, everyone. Smile

I do get nervous with these collectors. Volley, I will PM you because I do want their info. Thanks. Smile

I am definitely going to attempt to get a dv from them. You're right Ang. They can't get a judgement if they can't even prove it is mine.
Kash, I know what you mean about being scared. For me, just when I think things are going along pretty smoothly, I get hit with something completely out of the blue that just messes everything up. Thank goodness for this site. Now I can approach the collectors the right way. Smile

Posted: Fri Sep 28, 2007 6:42 am Subject:

Well. In my case, I know I wont win against Cohen Ans Co. They sem to always get the judgement weather they validate or not.

Posted: Fri Sep 28, 2007 6:47 am Subject:

Oh no! I'm not familiar with them at all. Do you have a court date scheduled?

Posted: Fri Sep 28, 2007 6:48 am Subject:

no , i have just sent them a dv letter, and also spoke to them on the phone. It is a debt from 2003

Posted: Fri Sep 28, 2007 7:02 am Subject:

Well, good luck with it. I know that it will all work out for you because you are covering your bases. With some perseverence, we will all be debt free one day. (I just wish that day were soon! Smile

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