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Advise on a NCO collection of old debt

Date: Fri, 07/14/2006 - 15:15

Submitted by heartfeltone
on Fri, 07/14/2006 - 15:15

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Total Replies: 5


For the past two month NCO has tried to contact me on my cell and I would never answer. Two weeks ago I received a letter from an attorney asking to be paid in full for an old credit card account that i had on behalf of NCO. This account is over 7 years old and I know the SOL has expired. I sent a letter to the attorney stating this fact and asking for proof of the debt. I have credit watch on my credit reports and received a notification that an inquiry had been made and guess!! who it was "the attorney"; I then proceeded to receive a phone call on my cell and at my home. I know the atty received my letter but they continued to call. Here is where I think I made a mistake I called them back to see why they continued to call me a lady answered the phone and I asked her why they continued to call me she said to make arrangements to collect the debt. I told her that I had sent a letter disputing the debt. She then stated that NCO said they would take 40% of the amount I told her that I didn't have the money but I could probaby pay a certain amount. She said she would have to contact NCO and get back with me. I want to send another letter asking for validation of debt but did I make a mistake and reset the SOL since I told her i could try to make a pymt in a couple of weeks. Sorry this is so long this is my first time doing something like this :P Any advice would be appreciated.


I will get worried if they have your statement recorded since you have committed to make your payment. Now, let's work out something from this point. In which state do you live? There is a legal condition that a debt collector cannot record the phone calls without permission from the other party. This is applicable in 15 US states.


lrhall41

Submitted by ArDeN on Fri, 07/14/2006 - 15:36

( Posts: 496 | Credits: )


Recording of the debt collection phone call is allowed secretly in Tennessee. So, you don't have a case against them at this point. Ask them to validate the debt they are collecting for. Unless they mention that your statement has been recorded, you are not forced to pay them anything. You can continue with your stand about the SOL being expired.


lrhall41

Submitted by ArDeN on Fri, 07/14/2006 - 17:58

( Posts: 496 | Credits: )


Make sure that you don't give the collectors any chance to hold against you. You need to stand strongly while dealing with the collectors. They will try to intimidate you and scare with all their shady tactics. As long as you are aware of your legal rights, things can't shape in a wrong way. Go through the fdcpa laws on how to deal with the debt collectors. Use this page as your legal weapon while negotiating with them.

http://www.ftc.gov/os/statutes/fdcpa/commentary.htm


lrhall41

Submitted by ArDeN on Fri, 07/14/2006 - 18:42

( Posts: 496 | Credits: )