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#1
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Nco Collector Refused To Send ValidationWhat is the name of your state? ILLINOIS My husband received a call from a NCO collection agent who had been calling and threatening all types of garnishments and judgement activity would happen if we did not pay an old citibank account from 1997 that was closed and had no activity since, we were not aware of our rights so they kept calling once I learned from this site and others about the fdcpa we informed the guy tonite to send us a letter of validation and he refused he wanted to fax it only and said he wouldnt mail it, he claimed he mailed one in november which is untrue, we recorded the conversation on our cell phone he said the payment option are only valid for this month and by the time you get any validation it would be after this month and we would want 13000, for a 5600 debt, he said I am not willing to mail this out because it is at the end of the month, if you dont do it now you dont have any urgency and we will have to take further action, he said because he is in tempe az it would take too long and the month would be over so the debt would be increased, he said I am not mailing anything I do not have to send anything I do not have to jump through hoops, then he if you want a settlement get a fax number my husband said he dosent have a fax number my husband said can you put this in writing the collector said no you have 48 hours to respond to this and I will not talk anymore maybe you have to deal with our attorneys since you think you know the law so well he then hung up on my husband. Last edited by leserge; 03-25-2005 at 03:50 PM. |
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#2
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| More BS pressure tactics by a collections agent. End of the month is coming and this guy is trying to get you or your hubby to agree to something quickly so that he can make his quota for the month. The cat is out of the bag as far as what these people will say to get you to settle. Don't believe any of it. Next time they call (and the next, and the next, ...) don't answer it. If they are a serious collector then they will eventually send something to your home or PO box via regular mail that will have their address on it. When they do, send them back a Validation of Debt letter via REGISTERED mail. Start your paper trail now and keep a copy of all correspondence you send out. DON'T EVER DO anything by phone with these people again. You should also look to see if the SOL on the original account is expired. Check for the SOL on open accounts for your state. |
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#3
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SolSol have expired on this account. This agents refusal to send a debt validation letter is that legal? The agent was very insistant in only faxing us documentation but refused on our recorded conversation to send a letter of validation, he said they sent one last year. Last edited by leserge; 03-25-2005 at 04:19 PM. |
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#4
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| Quote:
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If you're sure the account is beyond the SOL of 5 years - and it IS if last paid in 1997, then send them a cease and desist letter telling them never to bother you again, the debt is time-barred per IL statutes.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#5
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Thanks for the info; This is a great site!If they dont send us anything by requesting a letter in writing how do we know where to mail a letter demanding validation to should we look up their address and go from there will it get to the correct place? It is very frustrating and a bit overwhelming when you get these harassing calls especialy when you feel bad that you have this debt hanging over your head. Then time passes and circumstances change you try to move on and you get these third party people and they say all these things you are not sure whats true and what is not what your rights are who should you try and pay and who is just trying to run you over. The original creditors dont have any information and the CA just lie and bully. I am reading more on how to deal with them, this site is a great help! We have CreditOne reporting (info on TransUnion report only out of the three CRA's) Saying that the citibank debt was reopened in 2004 can the CRA (TransUnion) fix thatCHANGE how do you get the CRA to change this when we had no activity on this account since 1997? Last edited by leserge; 03-25-2005 at 07:26 PM. |
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#6
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| CitiBank charged it off a long time ago, its NOT going to be 're-opened'. However, each new CA to get the debt may report a new 'date opened', but all that is is the date they bought it. It means nothing as far as the SOL for legal action or the 7 year reporting period.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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