Has anyone tired to use accord and satisfaction with nco.I sent them a validation fax and the rep handling my case called me at work friday saying she got my request and will be validating it asap.So now I wit it out but someone told me that I could also do an A&S and on the check right payment in full for deletion and by cashing this check you agree to those terms.They say that once it is cashed they have to delete. What do you guys think? Anyone had any luck?
Do some research http://www.faircreditmovement.org/alternatives.htm. I've never done it, but I think it is a little tricky! It can be rejected(a your check still cashed) depending on the laws of your state and other factors. Did you *ask* NCO to call you *at work*?? Please say no?! If you did not, I would send a cease & desist mentioning that they have violated the FDCPA and are liable for $1000(at least) per the FCRA. Also, *IF* they do validate, they must provide: 1. a copy of the original contract 2. FULL ACCOUNTING of this ALLEDGED debt 3. and proof that they have been contracted to collect the debt.
No i did not ask them to call me at work but she said this was an attempt to collect a debt and that they would be telling the cra this was in dispute.
I would read up on the A&C, but also send a cease and desist tomorrow. Once a debt is disputed, a CA can't *attempt to collect a debt* without commiting a violation. The C&D will stop the calls. I would stay the course you are on. Let the 30days go by, if no validation, send the estoppel. When I dealt with them, I didn't receive a response to 2 validation requests, but once I sent the estoppel I received a faxed response immediately(the next morning!).
Javan's right, Give this some time yet. Just because they say they'll validate asap doesn't mean they will, or can. A&S is real tricky. Better to go with a settlement offer if & when the time comes. Be patient. PS. does sound like NCO is starting to learn some things tho. lol
These laws only work in certain places, be careful about this. Here is one you can use in California. http://www.creditinfocenter.com/forms/sampleletter3.shtml
I live in louisiana and from what I have read so far that it is legal in my state for me to write a&s on the check and in can not be scratched out.I am unsure though if I have to send a letter first though.
What matters is the state that the CA is in? If the CA is in California, only then do you need to send a letter first.
The one in Texas is Credit Management,Inc. they have an cox cable bill of $200 and another one is a local company called Alco which I only owe $150
my advice is still the same, to wait the 30 days and see if they validate. even though the dollar amounts are small, why pay if they can't validate? i had 3 trade lines on my TU report that were for about $70 each. i called the CA to negotiate payment(in full) for deletion. they responded that they could not delete even if i paid. so i hung up. i sent 2 validation letters, estoppel, intent to sue - they never responded to any of them. i finally sent a letter to TU asking how were they able to verify these accounts and I couldn't get validation? they deleted them within a week. so, if you have the time, i would continue with the validation process. even with the A&S, you must wait 90 days to make sure the creditor doesn't reject your payment
