If National Commercial Services is trying to collect a past-due debt from you, but you don’t believe that you owe that debt, you do have rights. Congress enacted the Federal Debt Collection Practices Act (FDCPA) to protect consumers from unscrupulous or unfair debt collecting practices.
The FDCPA establishes debt collecting guidelines for both the debt collector and the debtor. The Act allows you to ask for specific details regarding the debt, including validation or verification.
Once you have sent a letter asking for the debt to be validated, National Commercial Services they must stop all debt collection until they have provided you with the documentation that you have requested regarding the debt. You can ask for proof of the debt, the full debt amount, and for proof of who was the original creditor or holder of the debt.
Drafting Your Letter To National Commercial Services
If you believe National Commercial Services is trying to collect a debt that you don’t owe, you should consult with an FDCPA lawyer who practices in your state. Your attorney will gather up all the necessary documentation and will send a dispute letter that is FDCPA compliant to National Commercial Services. This letter will ensure you are provided with the documentation that you need to show you do owe the debt in question.
While the laws usually allow you 30 days from the time you are notified of the debt to ask for validation of it, the timeframe isn’t as specific for the collection agency’s response. You can, however, specify a time limit for National Commercial Services to respond.
Your FDCPA lawyer will draft the letter and specify that National Commercial Services has 30 days to respond to the request. If they don’t respond within that time, then the debt wasn’t properly validated.
Actual Sample Letter
I am requesting National Commercial Services to provide me with the information necessary to validate that debt that they claim I owe. I am making this request based on the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809(b).
I am demanding specific information be provided to me to prove that I owe this debt. I am asking for the full amount of the debt, the name of the original creditor, any applicable judgment information, the agreement you have established with the original creditor that allows you to collect this debt, valid copies of the original credit agreement, documents showing the payment history, proof of when the last payment was made and the amount of that payment, and your license to collect debts in my state of residence.
I also request information showing that the Statute of Limitations for collecting this debt hasn’t expired.
If National Commercial Services doesn’t respond to my request and provide this documentation within 30 days of receiving my request, then all references to this specific debt should be removed from my credit history and future attempts to collect this debt must cease.
You would be making an implied agreement that you would reimburse for my legal fees, including court costs and attorney fees, should I choose to advance this case to a court of law. Then you should indicate the account reference number or reference number and sign the letter to send to National Commercial Services.
Talk To An Attorney Today
If National Commercial Services is trying to collect a debt that is past-due, but you don’t think you owe, consult with an FDCPA lawyer who is in your area. A lawyer will write the dispute letter on your behalf and send it to National Commercial Services in a timely manner.
Your time for disputing the debt is limited, so request validation before it is too late. If you don’t act before time runs out, National Commercial Services will continue with the debt collection process and you will have a negative mark on your credit history.
The FDCPA was enacted to provide protection to consumers and to stop unethical debt collection practices. Make sure you are aware of your rights regarding such matters and take advantage of your ability to request debt validation from the debt collector or collection agency.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal device. If you file a claim against National Commercial Services or any other third-party collection agency, you may not be entitled to any compensation.