the wife had a capitl 1 card that went to NCO a few years back. she paid them off and NCO sent her an account paid blah blah. Now 3 years later Arrow (who contracts with C1) has sent another letter demanding payment. she has already sent validation letter which they recieved on 3/18/05. They have not validated and they are now requesting payment. So my ? is which response to use with them or should we just send them a copy of the paid debt? Are they liable for a suit due to their non response on the validation? Thanks guys!
Your response to them is nothing since they have failed to validate this account. As long as they don't continue any collection activity ( such as TL on CR, or phone calls, letters demanding payment, etc.) then you have no grounds to sue them, if they do continue collection activity after you have proof that they received your request for validation, then they have violated the FDCPA and can be sued. I would not tell them anything about the NCO letter, that is your "gold card" Just dispute with the new CA that the debt is "not yours" (it isn't - you paid it and there is no longer any debt). Let them rack up the violations, and then hit them with the "paid in full" letter from NCO
