What to do?

Date: Fri, 02/26/2010 - 05:51

Submitted by anonymous
on Fri, 02/26/2010 - 05:51

Posts: 202330 Credits: [Donate]

Total Replies: 3

I'm trying to decide what the best thing to do. I have a cc that i defaulted on back april 2008 was the date of last payment. It was a Washington Mutual originally, they sold it to SST, it was with SST when I defaulted, they charged off in dec. 08 and a related CA got it then has been reporting since, now I get a letter that it has be sold to NCO, which a differenct CA sent me a letter stating that they are collecting for NCO. I have a letter typed up to send for validation, which I know is a stall tactic, but do disagree with the amount it has doubled since april 08. I can't pay this, if I could I would have from the very start. As far as settling for one I really don't want a 1099 and two I don't trust any of the CA, all I read is how people set up arrangements and then get taken for a ride. I know get it in writing, I have others in collections too, I have tried to get them to put agreements in writing and they refuse. Am I wasting my time sending for validation, if I can't pay anyway. I figure if I do send this letter for validation either it was speed up the process of them suing me or they will go away, because since it was originally Washington Mutual will they have the paperwork where I opened up the account with Wamu.

Well if you request validation, they cannot sue you as long as y

Well if you request validation, they cannot sue you as long as your request is as outlined in the FDCPAct. Only if they validate, can they sue. If NCO has it, I doubt they have much on this account. Also a debt collector themselves can't sue, they need to have an attorney contact you first, and you have the rights under the FDCPAct yet again. It should stall them, if they don't want to waste the time to validate they will sell it off and a few months down the road, you will be contacted yet again.

Do remember that some states have laws that protect consumers further. If you wouldn't mind posting your state either I or someone else will let you know what rights you have. The chances of getting sued are always 50-50....

lrhall41

Submitted by pokertramp on Fri, 02/26/2010 - 13:55

( Posts: 512 | Credits: )

NCO is a bottom feeder CA, I am dealing with them right now, tru

NCO is a bottom feeder CA, I am dealing with them right now, trust nothing they say and don't admit to owing anything over the telephone, They are required by law to send you a dunning letter (letter of collection) within 5 days of their first initial contact with you, that is a federal law. After you receive this letter you will have 30 days to dispute it, send them a debt validation letter before your 30 days are up, all collection efforts must cease until they validate the debt. Make sure you send this letter certified return receipt requested, that is very importan!

lrhall41

Submitted by Shazzers on Fri, 02/26/2010 - 13:59

( Posts: 17344 | Credits: )

Thanks for the replies. I live in Texas. I do have a letter type

Thanks for the replies. I live in Texas. I do have a letter typed up and ready to be mailed out for validation. I did receive the 5 day dunning letter, which they lied to me about that, when they first called me they said it had already been sent out, they called on the 10th or 11th, the letter was dated the 12th. I did not admit or deny anything I just told them that i would have to check into it once i got the information, which of course she said she would put it down as a refusal to pay, I just told her have a nice day and hung up. Anyway, the letter is very vague, no mention of original creditor, no account number, just a reference number. Thanks for letting me bounce this off ya'll, some days I feel like I can conquer this other days I feel defeated.

lrhall41

Submitted by on Mon, 03/01/2010 - 05:57

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