Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 02-13-2008, 08:17 AM
JHJ2040 JHJ2040 is offline
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NCO Financial Systems

I have responded to this agency requesting validation regarding an alleged Citibank debt. They received it certified mail, and continue to call me even though I requested all correspondence in writing while debt is in dispute. Secondly they are also claiming that they are in "ownership" of the debt, therefore making them a 1st collector and are not subject to FDCPA. Yet on their website and stated distinctly in their notice to me it states "This collection agency is licensed.... NY license#1008018. Also states that this communication is from a debt collector. Has anyone else dealt with these snakes before? And are they in violation of FDCPA by misrepresenting themselves as the "owner - as if they were Citibank - of the debt", and by also calling numerous times, harrassing me, after my request for written communication only?

JHJ

Last edited by JHJ2040 : 02-13-2008 at 08:22 AM.
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Old 02-13-2008, 06:58 PM
masterduke masterduke is offline
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Start to keep a log of all of their calls. This will give you some ammo in case you want to counterclaim/sue them. I would notify your state Attorney gen. office of this situation. They are subject to the FDCPA laws. Thats who(debt attorneys/collection agencys) the laws are meant to address(altho they all ignore them). I wonder who is the owner of this company?? Is it wolpoff or asset acceptence or some other jerk debt attorney firm? You have some options here. Just be careful because they may move towards a summary judgement without notifying you. Monitor your local court to be sure there are no actions against you from them. And clear out your bank account.

Last edited by masterduke : 02-13-2008 at 07:02 PM.
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Old 02-13-2008, 07:30 PM
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trooper2ls trooper2ls is offline
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Who is NCO...

Back in 1999-2000 I was contracted to write a bunch of computer software for these guys. Basically they are the largest, and publically traded, collection agencies period. They have a long history of breaking the law, being banned from doing business in certain states.. and just re-incorporating under a slightly different name and picking back up their terroristic tactics right where they left off.

Here is the problem in trying to get them to comply with the law.. They are making money by breaking it. Look at their SEC filings and the amount of fines and fees they pay are staggering, but they still make money.

Kind of like a guy I knew in the 1970's who bootlegged concert t-shirts. He was sued by the Rolling Stones and they won a 1 million judgment against him. He just paid the judgement and laughed. I asked him what was so funny about being sued for a million dollars and he smiled and said ... "I made 7 mil off of 'em"

That is what you are dealing with. NCO makes BILLIONS by breaking the law, so they don't give a crap about you or the law. You can get to them, however, if you write your complaints to the original creditor who placed your account with them. They listen to their customers, just not you, or the law.

..J
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Old 02-14-2008, 01:56 PM
JHJ2040 JHJ2040 is offline
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Nco

Thanks for the info.
Just wondering, has anyone here fought
these leeches and won?
I'd like to go the distance with them if
I think I've got a shot!

JHJ
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Old 02-14-2008, 05:43 PM
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trooper2ls trooper2ls is offline
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You can fight and win.

People fight and win all the time. They are betting your time and energy spent is not worth it for you. In many cases they will take a settlement amount which is generally cheaper than fighting it. Yes they are a bunch of bandits.

I don't know the size of the debt they are harassing you about or if it is verifiable. But when you communcate with them via mail, you need to make sure you have proof that you sent it and the received it. The rules of commerce are clear but you have to meet the requrements for a victory. FTC Rules are very clear on this. But you have to take it to court.
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Old 02-15-2008, 05:35 PM
JHJ2040 JHJ2040 is offline
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Courts

Quote:
Originally Posted by masterduke
Start to keep a log of all of their calls. This will give you some ammo in case you want to counterclaim/sue them. I would notify your state Attorney gen. office of this situation. They are subject to the FDCPA laws. Thats who(debt attorneys/collection agencys) the laws are meant to address(altho they all ignore them). I wonder who is the owner of this company?? Is it wolpoff or asset acceptence or some other jerk debt attorney firm? You have some options here. Just be careful because they may move towards a summary judgement without notifying you. Monitor your local court to be sure there are no actions against you from them. And clear out your bank account.

What level of the court system should I be checking out?
JHJ
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Old 02-15-2008, 06:38 PM
masterduke masterduke is offline
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That would be your local district court or whatever name they have for it where you live. It will be the same court house where they steal your money for traffic tickets.
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  #8  
Old 02-22-2008, 08:53 PM
JHJ2040 JHJ2040 is offline
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New Info

Seems NCO has now thrown the allleged debt
back to Capital One - as they are now calling me.
Got an "Important Account Information" notice from
them that they want to work with me regarding the account. While the letter is from Capital One, the info
on the back states that "This communication is from a debt collector." So now, I don't know where to go with this. I sent NCO a second request for validation. But if they've thrown it back to Capital One, who is a 1st party, then I believe I can't use FDCPA for relief.
Can someone enlighten me here?
Thanks.

JHJ
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  #9  
Old 02-22-2008, 10:18 PM
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trooper2ls trooper2ls is offline
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They want to work with you...

After all the bank stole your credit in the first place and have been charging you interest on your own money. I would cosider giving them a coupon offer to discharge the debt. There is thread on this about it. I have tried it and you have to hit them with all "i's dotted and t's crossed". I.E. Notary services from the start. My mistake was assuming they would not steal the instrument I sent to them even though it was sent via Registered mail and Rounddated. Got to use a notary when dealing with white collar criminals. The FDCPA is fluffy BS. You have to think outside the box, you are the creditor who has been fooled into thinking he is the debtor.

..J
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  #10  
Old 02-22-2008, 10:35 PM
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mrg mrg is offline
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Quote:
Originally Posted by JHJ2040
Seems NCO has now thrown the allleged debt back to Capital One - as they are now calling me.

Got an "Important Account Information" notice from them that they want to work with me regarding the account.

While the letter is from Capital One, the info on the back states that "This communication is from a debt collector."

So now, I don't know where to go with this.

I sent NCO a second request for validation.

But if they've thrown it back to Capital One, who is a 1st party, then I believe I can't use FDCPA for relief.

Can someone enlighten me here?
Thanks.

JHJ

First, after you have sent the validation letter, you have to send a notice of default telling them they have not responded point for point to your notice for validation.


Second, if it says on the letter that it is from a debt collector then it is, and FDCPA definitely applies.

Treat them like a debt collector: send a notice for validation and then if they do not respond within ten to fourteen days send a notice of default.

NCO is scum.

So is Capital One.
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