Sent NCO Financial a validation letter. They removed the tradeline from Equifax and Experian....never removed from TransUnion. My wife says we got some paperwork from Progressive Insurance (whom they are collecting for) about the amount due. Equifax reinserts the tradeline today. I am fairly well versed in what the FDCPA about the CA having to validate and not the OC, but I want your opinions. How will this hold up in court? Me: Your honor...NCO did not provide any response or validation of this debt and continued to collect. NCO: The original creditor mailed validation to his home, your honor. After we received word that validation had been mailed, we reinserted the derog on his credit report. Will the judge go by the letter of the law? He should since my lawsuit is against NCO for not providing validation, or will he turn a blind eye and say that I actually received validation since it came from the orginal creditor. I am about to have a similar lawsuit pending against RMA for the very same reason. RMA swears that by virtue of the fact the Bellsouth sent me some old bill, that is validation, and they aren't required to. Please give me your opinions on this matter....it is very interesting and if there are any case linkage....please feel free to include it as well. Thanks. mpbrowni
The law is very clear on this the CA must obtain the validation from the OC and then mail it to the consumer. The reinsertion is a violation because NCO did not validate. The OC cannot validate for the CA. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
