NCO Partial Validation

Discussion in 'Credit Talk' started by hotdami812, Jul 15, 2003.

  1. hotdami812

    hotdami812 Member

    need some assistance on this one, i requested validation from nco on a cross country bank account. i am still within sol. they sent me copies of statements, thats it nothing else. i am sending this letter is this doable?

    Debtor


    Vermen Collection Agency

    Disputed Account# XXXXXXX

    Re: Validation attempt

    Dear Moron:

    I have received your attempt to validate the above-alleged account of which I am disputing. I am hereby declaring that what you have provided me is merely partial validation this does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation. I am attaching an opinion letter from the FTC, (the Levere-Wollman) letter, specifically addressing the kind of â??documentationâ? you have sent me.

    The law demands that your offices provide me with FULL VALIDATION. You have not provided a signed contract whereby I have agreed to pay the original creditor, According to the Federal Rules Civil Procedure (FRCP) I have the legal right to demand the original contract that created the debt.

    The FDCPA states:

    § 808. Unfair Practices [15 USC 1692f]

    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debtâ?¦ the following conduct is a violation of this section:

    (1) The collection of any amount (including interest, fee, charge or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.




    You may want to review the Uniform Commercial Code (UCC) section 1-20 (3).




    Mr. Moron your company has violated the Federal FDCPA § 809. Validation of debts [15 USC 1692g], by verifying (reporting) the alleged account with Experian, Equifax, Transunion, without fully validating it which is considered to be a collection activity.


    I am quite sure I donâ??t have to remind you of each offense which is punishable by up to 1,000 under §813. Civil liability [15 USC 1692k].

    Also at your leisure please review Spears vs. Brennan (IN THE COURT OF APPEALS OF INDIANA, No. 49A02-0003-CV- 169).

    If you insist I have an obligation to deal with you show me competent evidence an agreement between you and the original creditor that names you as an â??associated entityâ? which empowers you to send me a bill in the first place. Or I will NOT deal with you, no ifâ??s andâ??s or butâ??s about it. I hereby unilaterally terminate your association with this account and will be dealing directly with the original creditor.

    I strongly suggest you bring this matter to a quick close by deleting this invalidated item from my credit reports, and discontinue ANY and ALL further collection attempts of this alleged account. In addition, I request that you send a signed copy of the request that you send to Equifax, Experian, and Transunion and any other credit reporting repository for which you have reported this account for the deletion of the account. I will give you 10 days from the time you have received this letter (evidenced by the stamped date on the return receipt) to take care of this matter.

    Or I will have no choice but to file formal complaints with the FTC, Attorney Generals Office, BBB, and my Attorney for civil suit.


    Respectfully,

    Debtor
     
  2. psp in nm

    psp in nm Well-Known Member

    BE careful on this one. I, too, had a ccb chargeoff, mine from late last year. How old is yours? I requested validation, and got everything I ever had with ccb including the signed app!!
     
  3. hotdami812

    hotdami812 Member

    the account charged off last yr, the account was opened over the internet.
     

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