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BOA charge off....now they want to sue!!!

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RobertEG
Legendary Contributor

Re: BOA charge off....now they want to sue!!!

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.

 

 

Message 11 of 13
dream436
Established Member

Re: BOA charge off....now they want to sue!!!

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? 

Message 12 of 13
dream436
Established Member

Re: BOA charge off....now they want to sue!!!

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 advanceSmiley Happy

Message 13 of 13
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