Of course! but... you might want to make sure and wait for someone else to confirm this as I am unsure. Better yet, why don't you give a call to the Lending Tree guys because they can give you help better...

Did you dispute the debt with the CRA's as soon as NCO received the green card? They cannot verify without first validating...

NCO won't validate.... Trust me I know first hand and the nitwits even admitt that they receive your letters! Can we say "summary judgemnet". I'm filing suit in Federal Court against them within a month..

And BOY do I have "preponderance of evidence". I'll be getting $$$ out of this one...

OK, I disputed the debt last night with the CRA's. But I sent them the validation more than a month ago, they never responded and I go and check the credit reports and it does not say anything about me disputing it. They reported as normal this month. How much can I sue them for. I also have a complaint against them with the attorney generals office, they called me 29 times, which I have documented, after I sent them a cease & desist letter. I let them know they can only notify me by mail. How can I filed federal suit and how much can I possibly get out of them?..

What is your goal?.

Do you want the cash? Or Do you want the deletion or both?.

If you file in federal court, although I have never done so, you may need a lawyer. Small Claims you don't, but it depends on your county or city..

I will tell you what worked for me..

1) I disputed the debt first with the credit bureaus, at the same time, I put a bug in the AG's ear which you have already done..

2) When their time expired for failure to validate, I sent a intent-to-sue by UPS..

3) A week later I got a letter from NCO deleting the tradeline from my report!.

As you know, I DID NOT send a second validation letter!.

Bay..

<Bump> The above advice sounds strong. Other opinions would be great...

DSB,.

Let me see if I have this correct..

You sent them a validation letter and rec'd green card back..

It has been 30 days and they have not responded..

In the meantime you checked your reports and they did not tell the CRA that the account was in dispute for validation..

You did not dispute the TL with the CRA after receiving the green card, you just recently did so..

First the CA is not mandated to respond to a validation in 30 days, they can take longer..

They would be held to that 30 days if you disputed the account with the CRA and they verified with them before sending you validaton of the debt..

If you sent them a C&D, then them calling you 29 times is definately a violation. I'm assuming you sent the C&D certified..

Since you just recently disputed the TL with the CRA. you can wait the 30 days and see if they verify or mark the account in dispute (CA). If they verify and don't mark the account they just hung themself. Actually they already hung themself by calling after recieving the C&D. I personally would give them the rope. in 30 days I would nail them to the wall.



At any rate you do have violations right now if you want the do something now about and not wait the 30 days.

_communication with you after receiving the C&D..

- Not having the account marked in dispute for validation with the CRA..

Kathy..

Wow, thanks everybody for all the great advice. I just want the deletion, but I also want to nail them and make them pay for all the aggravation they put me and my family though. They cannot just step on people like this, it is not right. I sent everything UPS overnight, I have signed receipts from UPS from all letters I sent. I disputed with NCO more than 30 days ago, I pulled my credit reports and everything is still on there, like I never disputed. So now I sent the 3 credit bureaus a dispute on that collection account and I want to see if they validate it.

Any other advice would be great on how to handle this, I don't want them to sue me...

DSB,.

Make sure you check your SoL on this..

Also, print out those reports. you never can have enough proof in case you have to go tocourt..

Is this over the SOL ? If not be carefull, because if it is within the SOL you can be opening a can of worms..

Kathy..

Yeah, this is in the SOL, this is like 3 years old. When you say open a can of worms, what do you mean??? What could they do???..

DSB,.

What I mean is. If it is in the SOL they still have the right to sue for the monies, If it is beyond SOL they cannot legally collect on the debt, but on the flip side of the coin, you asked them for validation and they have to by law provide that. complete and full validation. I have had problems and still have problems with NCO. They have not validated not 1 account that I have asked for. because they simply don't have it.

I doubt that they can validate this debt of yours. I'm not an expert on SOL issue. I only know a little bit about it. I'm sure there are others on this board who can fill in the gaps that I'm missing...

How long do I have to give them to validate, can they sue me if they have not validated my accounts???..

There is no time period spelled out for validation. They have to halt collection activity until they validate. Thats why many say send out validation, and once the CRRR is returned, then dispute with the CRAs. This locks the CA into a time period. They cannot verify the account with the CA until they validate, so the CRA will delete. If the CA verifies, then that is a violation..

Legally, they cannot sue you until they validate. This is continued collection activity...

They can sue you without validating. The case is Sprouse vs City Credits and is a Federal Court ruling from 2000. Now, they are supposed to stay the case until they validate if the consumer request validation but they sure can file the lawsuit. A google search will find the case...

Oops, sorry for the misinformation. So can they legally file it and you have to re-request validation?..

Here's a link to the "Cliff Notes" version..

Www.licatalaw.com.

And click on "articles" and then business law and the case is the 4th from the bottom...

Keepmine,.

I'm reading it differently..

;” however, the collection activity must cease if the debtor disputes the debt. In this case, the plaintiff failed to dispute the debt and therefore, the defendants did not violate the FDCPA by filing suit prior to the expiration of the thirty day period..

The plaintiff had not disputed before they filed suit. PSB has requested validation with no response. I'm still thinking, legally, if they filed suit at this point, it would be continued collection activity...

I don't think it's that much of a stretch. Say you demand validation and they sue and a few weeks later validate. How is the debtor injured? If the validation is in order he can still pay and the lawsuit is dismissed with no judgment appearing on the credit report...

Yep, just reread the FDCPA. You have to show actual damages there. I would not personally pursue that avenue if it was the ONLY violation, it's just one of those that you stick on the rope...