Draft of letter to NCO...
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Posted by Fenrir (18.104.22.168) on September 18, 2002 at 10:28:12:
I need some input from the board. I posted last nite about NCO and their threat of legal action and I have drafted a letter in response:
My City, ST 98765
Their City, ST 56789
18 September 2002
Re: Telephone call on 17 September 2002
Mr. Debt Collector,
TAKE NOTICE that you and your employer are in violation of FDCPA Section 809(a) for failure to provide written notice of a debt allegedly owed by me.
On 17 September 2002, a telephone message was left on my answering machine indicating that a complaint is due to be filed against me. No reason was given for the complaint within the message and I have not received any written correspondence from your agency.
NCO Financial Systems, Inc. is a business that specializes in the recovery of delinquent credit accounts and therefore is subject to the regulations of the Fair Debt Collection Practices Act ("the Act"). Under Section 809(a) of the Act, debt collector must send the consumer written notice containing:
(Text of Section 809(a))
This notice must be sent within five days after the initial communication with the consumer, unless the above information is contained in the initial communication or the consumer has paid the debt. None of the above information was given to me by you either verbally or in written form.
Also, be advised that you and your employer may be in violation of Section 807 of the Act by threatening to take action that cannot be legally taken or that is not intended to be taken.
At this time, I hereby DEMAND NCO Financial Services, Inc. to send to my residence the information that is required to satisfy the requirements of Section 809(a) of the Act within thirty (30) days of the date of this notice and that all telephone contact must cease upon receipt of this notice.
Failure to respond to this notice will result in my filing of a formal complaint with the FTC, the Virginia State Attorney General's Office, and (local Sheriff's Department) for telephone harassment and attempted extortion. If necessary, I will also forward a copy of the complaint to (Debt Collector's) State Bar Association.
I look forward to your timely reply.
Give this serious matter the attention that it deserves.
Why Chat, Linda, Cassidy, anyone want to weigh in on this? I thank you in advance.
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