I live in Oregon and recently ran my credit report. There was a listing on there for NCO Financial for a debt dated for an account that I had no information on. (I am in the process of cleaning up my credit and have made arrangements and/or paid in full a couple of other debts.)
I contacted the number listed and was informed that the debt was for an old credit card (original date of deliquency was 07/99). I was offered a settlement amount of $600. I told the rep that I couldn't take the settlement amount so she verbally agreed to monthly payments of $80/mo (on the full amount which is 1k).
The next day I get a call from their pre-legal dept informing me that the payment arrangement was no longer valid and that I had to pay the full amount, or the settlement amount (now $900) or face legal action. I told them I would send them a letter and hung up.
I sent a letter via certified mail telling them to not contact me by phone anymore about the debt (all correspondence by mail only), and reiterated my offer to make monthly payments (I wrote that I required written acceptance of the payment arrangement before I would make a payment).
Since they received that letter they have contacted me three times (I've spoken with them twice and they left a message the third time) by phone - all times to offer to settle the account in order to avoid legal action (not to let me know they were proceeding with legal action). Two days prior to receiving that letter, they contacted me on a Sturday morning at 5:56 am (I have the message saved). Additionally, they have the date of the debt reported on all three credit agencies as 07/03 instead of 07/99 as it should be.
Here's what I need:
Can I sue them, and if so, would I do it in small claims or district court, or what? Do I need to contact a lawyer? (I believe they have violated the FDCPA (?) by calling me at 5:56 am, by contacting me more than once after receiving my do not contact letter and I believe by not reporting the correct date of my debt.)
NOTE - I am not looking for ways to avoid this debt. I want to make good on it as I owe the money. I know the SOL is up in July of this month, but am willing to make the payments until it is paid in full. I just don't think they should get away with doing whatever they want and breaking the law, as I know they've done this with numerous other debtors.
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