Suing NCO- TUL: Any Advice ?

Discussion in 'Credit Talk' started by dtembe, Jul 27, 2002.

  1. dtembe

    dtembe Active Member

    All this debate about collection companies getting their act straight really makes me want to test the water.

    I was putting off suing NCO. But, I feel I should take the next step and go for it.

    Background:

    I am in Dallas, Texas. I am familiar with Texas finance code, FCRA and FDCPA. I have been working on clearing up inaccuracies on my CRs for the last 2 years.

    I have successfully used LK validation on, out of SOL debts only, and successfully settled out of court with 3 collection companies, in the past.

    This debt is for water bill from 95. The account was in my name but I had a roommate at that time.

    I believe we paid it before I moved out of that house. I have to find the records to prove it, but that irrelevant for the scope of this suit.

    I requested validation from NCO in April of 01, no response from CA. I then requested validation again using the LK letter. in July 01. They did not have the information to validate so, they sent me a letter saying they are deleting the account. The account never got deleted, but was listed as "in dispute". They sent me the original city contract, and a computer printout showing unpaid amount in December 01.

    The computer print out shows, the date of last activity 6-96, but NCO is listing it as 6-99 and 6-98 on EQU and TU respectively..

    I disputed the DLA with the CRA and it came back verified with the incorrect DLA.
    I am going to sue NCO for failing to validate the debt in the required 30 day period as required by Texas Finance Code and FDCPA. Also, they falsely claimed to delete this debt from by Credit report, when I can prove that they did not delete it.

    Lastly, they verified incorrect DLA with 2 CRA's.

    I have all the letters and documentations including the CRRR cards.

    The only thing I lack is my receipt or a check showing the payment made to city in 95, but that is obsolete, since it is way past the SOL and chances are, my bank should be able to find the cancelled check before court date.

    As far as actual damages, I am asking a friend for a personal loan for 3K and getting a letter that he is denying me the loan based on my CR from TU and EQU.

    Anything else I should take care of before I file.

    Also, Thanks to everyone for posting on this board, I for one have had, nothing but good experiences, learning and using the resources on this board.

    Dan
    Dallas, TX
     
  2. picantel

    picantel Well-Known Member

    I am gonna give you a number to call. The guy was really nice with me(go figure). This is their credit dispute bureau. 1-800-221-0158
     
  3. lbrown59

    lbrown59 Well-Known Member

    successfully settled out of court with 3 collection companies, in the past.
    dtembe
    ?Did they delete them from your reports ?
     
  4. charlieslex

    charlieslex Well-Known Member

    dtembe, Would you email me? I tried to email you, but it is turned off. I have someone that may be able to help you with NCO. Charlie
     
  5. dtembe

    dtembe Active Member

    Lbrown59,
    Yep, I filed small claims suits against 3 collection companies for not validating or other fdcpa violations.
    I followed all the steps and kept a careful paper trail with each of the CA.
    All 3 settled
    I requested only a deletion. I was new and was happy to just get the deletions.
    All the debts were past the SOL in Texas and the smallest was $225 and the highest was $2100.
    Dan
    dallas, TX
     

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