Really need help with a CA...

1*I then sent out a letter to get validation on this account. Which they received on the 17th.. and now on the 1th they posted a check on my account.. I didn't receive any notice of a debit being but through on my account or any reply to the validation letter I sent.. my account is 300+ overdrawn now because of the check they cashed, and they refused to admit that it was their mistake.. They say that I canceled one check in Oct but not this one...
2*They told me that since I made arrangements with them.. and made some payments with.. I can't dispute this account. That is my question.. I been told here that my arrangements and payments doesn't void my right to validate..right??
3*Here is the beginning of this situation
IwantBlue
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1*Somebody
2*So now you have a choice (believe them or us.)
3*You should keep all your post on the original thread so we can better keep on top of it. Starting new threads confuses the issue




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Two words.

NCO LIES

I received a letter in response to a BBB complaint where they claimed to the BBB that because I invoked the 809(b) ceasing of collection activities until they provide validation, they tried to claim that I invoked an 805 ceasing of all communications.

And in the same letter they tried to say that we had a pp to pull a credit report, dispite the account being under a VOD request.

This was signed by the Senior Vice President of their Corporate Legal Department.

At least I have them admitting in writing that the only PP that they could come up with was they received the account which was under a VOD, which the only way they could have a PP is to violate the VOD.

 

I presume that NCO didn't send you a letter before they intended to put these checks through the bank?

They violated take your pick of any of the following provisions of Section 808 of the FDCPA. Any and all are a $1,000 + damages check to you, and since bank fees caused by their action would be real damages...

Since the check authorizations were made well in advance of five days, 808(2) should apply to them on all the checks. So for every check that they printed, and deposited without sending a letter at least three days prior, chalk up another violation.

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.