NCO and Cross Country Bank

I am thinking cease and desist but then I still have to deal with ccb.
hotdami812
==============
If you're going to send that you just as well send them an invitation to sue me letter. Is that what you want them to do?
THE END ** *** ** LB 59
Better use the estoppel instead.

 

1*if i sent a cease and desist do you really believe ccb would sue for 800.00?
2*I thought sending a cease and desist would assure they NCO could not report the collection to any of the bureaus.
hotdami812
================
1*Key word is could not would.There was a thread where a CA Sued for $0.53 so you never know about them.
2*A c&d is a demand that the CA not contact you.If they can't contact you their only option to effect collection is to sue you.This being the case what is your greater concern having them report the collection or comming after you with a lawsuit?



THE END ** *** ** LB 59

 

3* I thought sending a cease and desist would assure they NCO could not report the collection to any of the bureaus.
4*Do you have a copy of the estoppel letter to use?
hotdami812
3*NO: That is why you sent them A validation letter.
You can't really prevent them from doing anything illegal but you can sue them if they do.
4*Estoppel Letter
SEND IT CRRR Don't make any changes on it. Don't SIGN It.

«Your Name»
«Address
«City», «State» «Zip»

«Company»
«Address1»
«City», «State» «Zip»

«Date»

RE: Dispute Letter of <insert date>

Dear Sir/Madame:

As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:



Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of Florida.

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.


You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking __________ in damages for the following:



Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act


After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,

«TypeYour Name»

 

Re: Re: NCO and Cross Country Bank

They can sue IF they are the news owners of the debt. Need to find out if they are assigned to collect or was the debt sold to them. How is the OC reporting it?

 

Re: Re: Re: NCO and Cross Country Bank

CA's can sue if:
1a. The OC authorizes it; and
1b. Your state laws allow suit by 3rd party
or
2. The CA now owns the account.

State laws vary widely as to who can sue, esp. foreign (out of state - not out of country!) corporations and what they may have to do so check it out.

As to if they will sue? I was at a law firm that specializes in collections suits. The receptionist was telling me they are seeing lots more suits for $400 or $500. The OC's want their money back and no longer just walk away from small ones.

0

 

Re: Re: NCO and Cross Country Bank

Would they sue for $800? Maybe, maybe not. I once worked in collections, and I've seen people sued for less.

The C&D letter won't stop them from reporting to the credit bureaus, that only stops them from calling you on the phone.