Got a letter today from one of the many branches of NCO Financial Systems on an alleged debt back in 1996. I sent a validation letter back in May CRRR and never got a response. I hadn't made the time to send the estoppel when I got this letter, well after the 30 day time frame. No signed contract with my name on it, continued request for payment and I know that the account was never listed as in dispute on my Equifax report. I know this because I just got a report in the mail from EQ with the last reported date from Medclr being 5/02. The dispute was mailed on 5/7/02 and received on 5/10/02. The 30 day limit was 6/7/02. I got a letter from NCO dated 6/18/02 and a credit report from EQ dated 6/14/02 with no mention of my dispute. Can I proceed with the estoppel? Plus they are charging a riduculous 12% interest. Please tell me I got them?
Absolutely!!...extending the time you allow for validation should not affect the fact that they failed the validation process. Send the Estoppel and demand they remove the listing or you will sue them for violations of the FDCPA - collection activity without validating - and not marking the acct in dispute during validation. -Peace, Dave
I am writing the estoppel now and adapting it to my needs. Should I inform them of some of the violations that they have committed or should i wait and use it later?
One more thing to check..... SOL. NCO is trying to collect from me as well. The one for CO has an SOL of 6 yrs. TX, 4 years. I live in SC which is 3 yrs. They claim that they will sue "in my area" which means SC SOL applies. Oops, they get NOTHING!
