I got the green card back today from Validation letter #1, and Im nervous, dont ask me why. My husband has the old phone bill collection 800.00-900.00, 5-6 years old, it was sold to NCO, they havent tried to contact us at all, we've recvd no letters, no calls, etc. Just the credit report ding on TU. We've contacted them asking for proof (by phone) the guy there told us its too old of a debt, blah blah, not worth their time or money to do the research, but he'd be happy to take our pymt over the phone (ya, right!) What is my next step? Do I give them 30 days from the date they recvd it, or 30 days from date I sent it? Then do I send the validation 2nd request, then wait the 30 days again, then mail green cards to TU? I just dont want to screw up, Ive never done this before. Im nervous because the wording in the letter sounded strong, I dont want to back down if I'm challenged, call me a wimp. Jamee
It's 30 days from the date they signed for your letter. On day 31, send the estoppel. You won't even need the 2nd validation request ltr, this debt is too long, they said so themselves. - Too bad you didn't have the collection rep. on tape saying the debt is too old and they won't do any research on it.....that way if they did "verify" with the CRAs, they'd have some explaining to do (in addition to not responding to your validation and estoppel ltrs).
Thanks Mindcrime, I never think of those things at the right time, I wish I had the tape. Do I send the estoppel only if they do not respond with valid proof? Jamee
Send the estoppel regardless. Chances are with a 5+ year old debt, they won't have anything close to validation. Even if they do send you something (most likely via regular post mail) ignore it, and just send estoppel. Or, if you want, you could acknowledge it, send a copy of the FTC opinion ltr by Wollman ( I believe ) which basically says mere itemization (which will most likely be ALL they can come up with) does not constitute proper validation. As far as taping a conversation, you'll want to check on state laws (depending on which state the CA is located in) pertaining to whether or not you can record a converation without the consent of the party on the other line.
Are Answering Machines permitted in all 50 states? Does any state require permission from the caller before you can use it?
ok, I went to the sample letters section, and I dont see any called estoppel, is it called something else that I am not seeing? I just want to be prepared. As far as the taping, I didnt do it anyway, so its too late. Jamee
I too just finished validating with NCO over an older (5 ear old) debt. As with you, NCO never contacted me. Not through the mail, not through the phone, I just saw the entry on my report. So I sent a validation letter. The green card came back almost 30 days after I sent the validation letter...then on the 60th day (30 days after getting the green card back) I get the response from NCO..."This debt has been closed in our office and sent back to the original creditor. We are sending letters to the CRA's to delete the refrenced listings". So what I am saying is that I would wait until they respond (or do not respond) but I would give them the 30 days...you may just find it gets removed without needing to send the estopple letter. You could send the estopple letter now, but it is only a 30 day wait and to be fair, (I know they are all to often not fair...but I think we neded to be, especially if you need to sue later on, it is good to be "right" on all your facts, dates, and letters), you should give them the time to research and correct the problem and respond to you. You may just get the response you wanted without any more work. Good luck. -Peace, Dave
The difference is, when a caller makes a call to your residence and gets your answering machine/voice mail, they know they are being recorded, and by speaking on your machine, they are giving their permission to be recorded.
That's the way i take it .Just wondered if anyone else thought different. A lot of callers don't leave messages on ans. sets. wonder if many of them are CAs who don't want to be recorded.!
Listen to Nave's advise about not bothering to send the estoppel (did I spell that right?) just yet. I had a $1600 debt dropped off exactly the same way with NCO. Good luck.
