Hi everyone I'm back with my pesky electric collection. Back last year, I send two requests to validate or leave me alone to NCO Financial. Of course I got no response, just the green cards. I figured they would just probably sell it to someone else. Well, They did. Now on my Online TU it is no longer listed as the utility that is in collection, but INOVISION. The Utility is mentioned off to the side after open account. They changed the account number and is listed as an open account. The original account was from 5/1996. I got nowhere with the original creditor last year when I tried for payment for removal. Statute ran out 2 years ago. According to TU it was placed for collection 4/01, LIE because NCO had it then. Last updated was 9/01. No one from INOVISION has ever contacted me. Now I know why Penneys reduced my account limit. I have no other negatives on my CR's. They not only reaged the account, they are reporting it as open. Well, maybe for them its open. Question: should I dispute with the CRA's first before I request validation from INOVISION? Or should I go for the gusto. As far as I can see, they haven't pulled a credit report on me. But NCO did 4/01. Is it possibe NCO is operating under INOVISION? Thanks in advance for any help!
If I'm not mistaken, since NCO didn't validate, and then sent/sold it to another ca, that in itself is a violation. They do not have to validate as long as they cease collection activities, which includes reporting to the cra's. They also must place a notation on your report that consumer disputes. You have them on at least 2 or 3 violations. I would file complaints with the FTC, your state atty. general, the bbb, your state banking dep't (or whoever governs ca's in your state). Then send a letter to NCO and the other ca, advising them what you have done and suggesting to them that they immediately close their books on this acct. and delete any mention of it from your reports. If they don't - then file a small claims lawsuit.
Thanks LKH, Where do I file? I had NCO on 3 or 4 violations last year. I just checked my records again. NCO signed for my second request and estoppel on 9/21/01. They already reported it to the CRA's without validating. First request was signed for 7/3/01, which they denied receiving and called me again demanding payment. TU says it was placed for collection (with Inovation I assume) 4/01. A blatant lie. I just found an old TU report from 1/01. The first one I ever ordered and found out about this account. It is listed under the utility. Actually, another company that sold out to the reporting creditor. Acct. opened. 11/96 account CLOSED 5/96 status as of 5/96, collection account. How can you open an account after its closed? They also changed the account number last year after I called to inquire about this debt. For 6 months they couldn't find my account in their system, therefore they couldn't do anything about it not even validate. Then I was contacted by NCO informing me that they purchased the account. But get this, I had to negotiate with the original creditor for removal. They didn't want to play nice. They said they had nothing but my old name, old address and SS# but their auditors declaired it a valid debt in 1999. So I told them to stuff it . I guess they're out to get me now. Ironicly, I currently have an active account with them for almost 6 years now and have never been late on a payment. Don't tell, OK?
I would get an attorney. If you have lost part of a credit limit with another creditor because of this, that is damages. If NCO did NOT validate and then sold the debt off to another company, then NCO as well as this new company can be held liable, possibly even the original creditor. You requested validation, NCO didn't respond but instead sold it, therefore leaving the repsonsibility to the NEW company to validate, but in actuality its BOTH of their responsibility. Call an attorney, but beware, some of them won't take the case if you DO owe any part of the bill. AT least that's my experience for my state.
I would send a validation letter to the new collection agency and fax a copy of a Complaint to the old one saying you are going to file if the situation is not resolved by such and such a date. That seems to get attention...lol. If the old CA couldn't validate, then you can be pretty certain the new one won't be able to either. Seems this is standard procedure for CAs...request validation and they simply sell the account. If you can get to the point of being in contact with their legal department, you pretty much have it made, IMHO. L
