I sent buddhibbs a copy of my letter that I sent to Midland and he said he thought it was good and to just wait and see what we hear from them......not to go on and send a request for validation letter just yet. I really appreciate all the help, folks.
No, your assumptions didn't get you in trouble. No harm in using the FDCPA at all, its just that the Texas Finance Code gives us greater protections. C & D at this point, since its so old is really not a problem, but Midland is just mean enough that they might report the debt for the statutory period, when they wouldn't be able to under TX law (unless they could prove it - which is doubtful). All is good.
The debt will be 7 years old in November (according to our math), and to my knowledge, this is the first CA or JDB that has shown up on our credit report. If others were ever there, they showed up and removed themselves without our knowledge. I generally do the once a year CR check and that is all. We have 4 charge off's, all occuring at the same time and 2 of them we settled with the OC, but they are still listed as charge off's..........anyway, my question is this...........2 of the CR show that all 4 are due to drop off in October of 2008 (which is sooner than we expected). The account that Midland has bought is one of these that is scheduled to come off in October. If we get Midland off our backs and it goes back to the OC, can it be re-aged? It is my understanding that it cannot, but I read some posts on here that made it sound like someone thought they had messed up by fighting so close to the time the OC was going to fall off.........that it just allowed the OC to re-up. I flip flop between thinking we did the right thing by fighting this, to thinking we should have just laid low and waited to see where we stood at the end of the year.
We have gotten a couple of phone messages from NCO, now.....just a recording, they leave a call back number w/a reference number. I have no idea what it is concerning. There is only one other old account that shows it was "sold" and both accounts are the same age...the one midland has and this one (if it is what NCO is talking about). They are due to drop off the credit report this year and are 3 years past SOL. Should I try and hunt up an address for NCO and send them a cease/desist letter like I did Midland, or just let sleeping dogs lie? I have yet to hear anything from Midland since I sent the letter. Of course, I have yet to get the return receipt back in the mail, either. They are still on our credit reports, but NCO is not listed--------as of yet. We have received nothing in the mail from NCO.
nco usually get's stuff from another ca as for phone messages how do they know it's you,i usually have a long greeting so it cut's off who it's trying to reach.
TX 30 day requirement Where can I get information on this? I sent a letter requesting validation on a debt and have heard nothing from the company. They are a company based here in TX - in fact I could walk into their office here. That is something I do nt plan on doing. However, they have not replied and I would love to know what direction I need to go in next to get them removed from my credit report.
You should send NOC a cease and desist letter. Dispute the listing with the credit reporting agency. At least it is coming off in November like you said. If any new collection agencies send you collection letters - all you have to do is just keep on sending C&D letters to each and every one of them. After November they won't be able to report so they will be of no further threat.
If you didn't get response from 1st DV letter then look in the sample letter section and send out a follow up request for DV (debt validation). Try disputing the account with the credit reporting agency. First off when did you default on this debt? Is it still in the SOL? Texas is 4 years from last payment, last activity or you can go by the initial default leading to charge off.
Cmrrr The letter I sent to Midland CMRRR was mailed on June 30th. I've yet to receive the return receipt and the USPS website just shows were I mailed it. How long does it normally take to get one of these back? I am in TX, and it was mailed to CA.
I don't know if they can put a trace on it it or not.They might have refused to sign it midland quite frankly does't care about the law.in fact they told my husband (when we get through with you you'll wish you was never born).well he's still here and they did'nt get anything.they really try to bully.
If they don't accept the letter, shouldn't it come back? They haven't called again. I keep telling myself seeing as both of these OC are far past SOL that we have nothing to worry about........to just keep ignoring it when they DO call. NCO...they have called a couple of times and normally we just let the machine pick up. They just leave a recording, but the other day I answered it and even ANSWERING the phone, it is just a recording asking us to call them. I thought that was odd.
I have and address for nco just getting ready to mail them my verison of what moron's they were.for buying a contract in dispute.
Would you mind sharing the address for NCO? I think we will go on and send them a letter.....maybe keep them from calling. They do not show up on the credit report. Midland does.
NCO Financial Systems, Inc. 507 Prudential Road Horsham, PA 19044 NCO Group > Contact > Feedback / Info
Here it is .nco financial system's 507 prudential road,horsham,pa.19044.They changed their name a few time's don't do like i did and address it to the head butt sniff.that will get an angry call just give them a cease ond desist letter your only contact is through usps (pony express).as you can see the older you get the more you turn sarcasm into an art.don't you try it have to be at least 50 to perfect it.
Yeah, well I'm 2 years away from 50! I have nothing in writing from NCO. All I have is the reference number they leave on the answering machine. Should I send a letter or wait for something to show up in the mail, so I can at least have something to copy and send back to them? Thanks to everyone for all the advice. If we had known more about 9 years ago, we would have saved allot of money.
I think i would let it lie and not wake a sleeping dog,but each person is different.we spent many sleepness night's trying to fiqure out how to pay our bill's and make our credit right.take the advice of the member's they really helped us good luck
Here's a sample letter that I've used here in TX and I'm 3 for 3 so far with deletions. In Texas, it doesn't matter if you DV within the first 30 days or not ... you can demand it anytime. To Whom it May Concern, This letter is in response to receipt of your dunning letter dated xx/xx/xxxx and the subsequent placement of this account on my TransUnion, Equifax and Experian personal credit reporting files. It is also under my knowledge that I do not have any previous obligations written or otherwise to pay your agency this alleged debt that you have noted. As a Texas Resident, I have the right to, and will therefore be exercising the Chapter 392.202 Texas Finance Code to dispute your claims of the alleged debt owed. Under these provisions, you have the obligation upon receipt of this letter via CMRR to either: 1) Provide me accurate and detailed contractual documentation, between your agency and I, of the alleged debt and my signature-bearing obligation to pay your agency. This must be done within 30 days of receipt of this letter; or 2) Immediately delete any and all entries of this alleged account to the credit reporting agencies within 5 working days. If you cannot provide validation within the 30 days as prescribed under Texas Code, you must modify the item as requested. As such, if you are unable to provide validation within 30 days, the item must be deleted from all three credit bureaus, closed within your files and not sold to another company. Again, this is a formal dispute and you are under legal obligation to adhere to the strict guidelines and timelines detailed under the Texas Finance Code. You may not contact me over the phone. Only written communication will be accepted through the mail to the address below. I will not hesitate to act if you fail to disregard my legal rights. Sincerely, Your name
Ok, forgive me for asking but I am new to this. I have been browsing this forum for a bit now and still need some help. I live in Alabama and I know the SOL for open accts is 3 years. What I don't know is where that 3 yrs starts. Is it from the DOLA or from last payment date of is it something different. I have a collection that doesn't report a DOLA on any of the 3 reports. It does have the date of 1st delinquency, do I go by that? At what point can I send the SOL letter to the CA? And can I send it to the OC? They still have it on the CR even though it says they sold it. Thanks for any help!!
If it's sold the oc should report 0 balance if it;s assigned it would report a balance,date of last payment is what they go by,I forgot welcome you will learn alot i learn something everyday
