Ok let us say I send out a validation letter to the CA. According to the fdcpa the CA cannot do any collection activity on the account until they validate. Let us say they sell the account instead. Would this not constitute collection agency. Over and over I see these scum CAs who cannot validate so they just sell the debt. IT would be nice if someone tested this out in federal court. Great case law it it stuck.
Scott, send them the letter butch wrote for just such an issue. It is with the letters here on this forum. Patti
Actually I am not having a problem with a CA. I was just starting what I have seen over and over and maybe others could try it.
Would it apply to me? If so, I'll try it and post back. Just validated with NCO in Feb on a CCB charge off of $3000 ($1000 mine the rest their fees and 29.99% interest each month). Got the green card back 2/28, disputed with all 3 CRA's and then got a call at work this week from a collector (I thought it was NCO) and figured great, they're violating already. Told them wouldn't speak with them until my validation was received. Woman said she wanted to discuss settling this acct. (no mini miranda, etc.). Went home that night, letter in mail from NEW collector (the one that called at work, in retrospect, she must have thought I was nuts!). Letter is with Hanna & Associates (collection attys) and did have the mini miranda, etc. requesting $3,000 for CCB account. Sent them a validation letter and am waiting to see what they do with it. Obviously, NCO never validated and just sold it to another collector. So if there's something I should be doing with NCO, I'd gladly try.
