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It really doesnt matter if they are affiliated with BOA or not, they are still a debt collector under the statute.
In defining debt collector, FDCPA 803(6) states that:
"the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debt."
Treat them as you would any debt collector.
Ok guys....here's an update. So since my debt is not listed with NCO on my credit report but listed with BOA, I called BOA to inquire about making payments directly to them. I actually logged in to my online account, just to see if they would accept a payment, which of course they did. The acct manager stated that I shouldn't have been able to access my acct online, since the account was closed/charged off this past October. She referred me to NCO to setup a payment arrangement with them.
However, since I received the letter from the lawfirm, it seems that I would have to make my payment arrangement directly with the lawfirm. Ugh, this is so frustrating! I intend on sending a certified letter outlining the payment arrangement I am able to make on a montly basis.
In their letter, the lawfirm wants to settle for the full amount. I am willing to do so, as long as the TL will say "Paid in Full" when the acct is paid off. Im under the impression that the letter I send should state specifically how much I will pay them per month.
II just want to do everything in my power to face a lawsuit, so Im willing to do whatever it takes.
Do you guys think Im on the right track?
Does anyone have an example letter that I would be able to use to send to the lawfirm stating that I want to pay the account if full by making monthly payments? thx in advance