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Help me with NCO

Discussion in 'Credit Talk' started by star, Nov 14, 2001.

  1. star

    star Well-Known Member

    I unfortunately have a cap one account that is charged off in 1998 and is with NCO, They sent me a settle offer with me giving them 3 postdated checks (one a month to until payed), They deposited the first and my account was short so it bounced, now I have more important obligations and cannot start paying until January, they say I have to pay in full by this friday, what will they do because I can not pay by then, the rep is calling me this morning to see if I am paying friday, I am really worried they will start to garnish wages, how do I handle them, (in other words stall them?) till I get back on my feet?
     
  2. bbauer

    bbauer Banned

    Hey! That's great! How lucky can you get??? And no, I'm not being a funny-bunny
    That's great too. Probably the best thing that could have happened to you!
    All obligations are more important than paying NCO a crying dime.
    Make yourself an early New Year's resolution that you are not ever going to pay NCO or anyone else that even remotely smells like them. It will be one of the best New Years resolutions you ever made because it will keep on serving you well until the day you die.
    Chicken Little said the sky was falling too, didn't he? The big bad wolf told the little pig that he would huff and puff and he would blow the little pig's house down too, didn't he?
    Cry a lot??? Use their shoes to pound on their desks?
    When he calls you tell him if he wants to know he will have to send you a letter by US mail and then tell him to have a nice day and hang up on him. If he calls back ask him what part of "send me a letter" he don't understand and hang up on him again. Don't ever talk to a bill collector on the phone again.
    Did they take you to court and get a judgment? If they don't have a judgment they can't garnish anything and if they do have a judgement just let me know and I will show you how to get rid of it for free. No cost, no obligation. Free!!!
    Like they were a dead fish left on your kitchen table until after you came back from a two week vacation
    Yes, stall them by simply telling them that you will not discuss such matters on the phone and that if they have anything to say, say it by U.S. Mail and then hang up on them.
    No, not until you get back on your feet, till you learn how to put the shoe on the other foot. After that they will owe you instead of you oweing them. I know that you feel like you have been abused by them and are being abused by them. I know it makes you feel terrible having them howling at you all the time. So take the first step towards taking back your life and putting a stop to the hounding and abuse you are now suffering at their hands.

    Yes, you do owe the debt and you are morally obligated to pay what you owe. You know that, I know that and so does everyone else. But are you now less then a human being because you are in some kind of a bind? I don't think so! You don't think so, and no other decent human being would think so either. So what is your dignity and your self respect worth? Is it worth more than what you owe NCO?

    Let me give you the answer to that. NCO can easily put a price on what they claim you owe them, right? Can they put a price on what your constitutional and civil rights are worth? I don't think so because those are truly priceless. Can they put a price tag on what you are worth as a human being? I don't think so. Not really. So if your rights are priceless as we know they are then why is it that you are willing to let NCO stomp on them and spit upon them as though both you and your rights are nothing but dirt under their feet?

    I happen to think that although you do owe the debt and do have the moral obligation to pay your debt that NCO needs to learn at least one more time that those they attempt to collect from are human beings with both God given and Constitutionally protected rights and that those rights are worth far more than any amount of money that NCO could ever hope to collect from you. Therefore they had best respect you and your rights in the process of collecting what you owe.

    I've taught NCO several times that people's rights under the law are far more important than any amount of money they could ever hope to collect. One of these days they are going to make the wrong move and it's going to cost them a huge chunk out of their corporate bottom lines.

    So my best advice to you is to begin to think in terms of what you are worth as a human being simply having a hard time of it right now. Learn what your rights are and at least a modicum of what those rights are worth. Make an early New Years resolution that you are not ever going to stand still and be abused by some $5 an hour fruitcake who hasn't learned to respect others.

    Don't make the mistake of just hanging up on them. Teill them you are very interested in what they have to say but you just made an early New years resolution that you are not going to talk to them on the phone anymore and hang up.

    They want to sue you? Great! Let them! But they had better not threaten to sue you in writing unless they have already in fact done so because the courts don't seem to think it's a cool idea to threaten to sue someone without having actual intent to do so and since no one can determine what one's actual intent might have been or might be in the future, then when they make threat to sue you then it's best they already have done it so the courts will know they were serious about it and not just making idle threats to frighten or coerce you.

    You see, the courts don't like abusive debt collection practices one little bit. The courts think you are a human being and that you have rights and feelings as a human being and that you have the right to protect them and that bill collectors ought to respect both you and the law and when they fail to do that, the courts get real upset with the bill collectors.

    Apparently NCO has not yet learned that lesson even though I've done my level best to teach them several times. As a result, when they see one of my validation letters they turn tail and run away just as fast as they can. They already know what's coming next and they don't want any part of that. One day they will make a real mistake and that's when they will learn a real hard lesson.

    Make that New Years resolution now, and just tell them where to head in at. And don't be afraid to do it and make it stick.
     
  3. LKH

    LKH Well-Known Member

    They are in big violation of the FDCPA. Read this:

    808. Unfair practices [15 USC 1692f]

    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

    (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

    (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

    (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

    (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees

    They can't just garnish wages. They must have a judgment first, do they?

    I would read the above to them and tell them they are being reported to the FTC, your state banking dep't., your state attorney general and whoever you can think of. But file the complaint based on what you just read. Turn the tables on them, and then tell them you will no longer speak to them by phone. They must contact you by mail and hang up.
     
  4. star

    star Well-Known Member

    They called my husband at work and of course came home and is very angry at me for this (it is all mine), so the fact is I WANT to pay them, I owe them and I need to get this paid for my credit reports sake , so do I pay cap one directly ? and can I tell nco to never call my husbands work? I dont know what my next step should be? help
     
  5. Newcomer

    Newcomer Well-Known Member

    Why are they calling your husband at work? Is his name on the debt? If not, then they have no business calling him at all. You're not giving much information, but if I were you, I wouldn't pay NCO a dime. You need to contact Cap 1 and work something out with them.
     
  6. LKH

    LKH Well-Known Member

    Just so you know, a paid collection and an unpaid collection are the same as far as your credit score goes. It isn't going to help your report to pay it. But if you want to pay it, pay it.
     
  7. star

    star Well-Known Member

    Im sorry for all the questions, but I am new at this, The card was joint, I applied , and I used it all the time, but yes , his name is there too, What I dont understand is you say it will not look any better paid on the report, I thought a paid collection looked better? am I wrong? and cant they garnish wages If I refuse to pay? balance is about $1000. what are chances for them )either cap one or Nco , to file a judgement?) should I planet feedback that cap one guy everyone talks about?
     
  8. LKH

    LKH Well-Known Member

    They can't get a garnishment until they get a judgment. They can't get judgment until they sue you and have you served with legal papers. A paid collection might be worth 1 or 2 points on your credit report - if that. A paid or unpaid collection are the same in the eyes of the credit reporters. You can try writing or calling the consumer advocate at capital 1. Do a search here for the phone number or email address. Good luck.
     
  9. bbauer

    bbauer Banned

    What's even worse, if you pay it you lose all your rights under FDCPA. You will live with it for the next 6 or 7 years, maybe more with little hope of getting it off.

    As you can see, LKH has already pointed out to you that they have already broken the law and probably multiple times.

    Looks to me like you need to teach your husband that it's not your fault that NCO has no respect for the law and that they are breaking the law.

    Obviously your husband needs to learn that you are his beloved and that you have rights and so does he. It's part of his job as a husband to help you protect your rights. Getting mad at you because someone else broke the law is about like getting mad at the World Trade Center because it stood up so proud and tall and attracted the attention of some damned fools bent on self destruction.

    So far, everybody in here is doing a great job of showing you why NCO is wrong and that you have been abused.

    Why not just wait until this evening when a few more posts have been made on this subject and then print them out and show your husband how you are right and NCO is nothing but a bunch of dispicable law breakers.
     
  10. star

    star Well-Known Member

    WOW! a paid coolection is only worth 1 or 2 points! Are you sure? Why would any one pay a charged off account then?
     
  11. LKH

    LKH Well-Known Member

    Nah, I was just teasing....Of course I'm serious.
     
  12. bbauer

    bbauer Banned

    Dear Lady, don't you be sorry for nothing. Asking questions, even dumb or silly ones and getting answers to them is what this board is all about. You are not sorry, you are just trying to figure out what to do about the situation you are currently in and if that's sorry, then so be it.
    So? All of us were "new at this" at one time or another. Like you, we learned by asking a lot of questions and doing a lot of thinking and making mistakes. We learned the hard way and we are willing to share a lot of information to help those like you who are "new to this." And if you want to know why we are willing to share what we know I'll tell you one good reason why. We hope that you will learn and then someday you will pay us back by being a good contributor to this board and helping to make new discoveries in how people can defend themselves from those who abuse us and share them with us. That's what this life is all about. Helping your fellow man to the greatest extent possible.

    Any way you look at it, a collection is still a collection and it means somebody had to go force you to pay if it's paid.

    Yes Maam, I think you are
    Yes Maam, they can. But they have to go to court and get a judgment first and then once they have a judgment they have to go back to court and get a garnishment before they can enforce the judgment. And most people don't know that about 98% of all judgments are void on their face because of procedural errors. They can be easily overturned and rendered null and void upon their face. No judgment, no garnishment. And in the process, they violated your rights even more because the courts must give you due process of law. And that means that you have to get that due process and if you don't, you can do something about it.
    So what are your rights worth? What is your husband coming home mad at you because they abused you worth? What is all this anxiety worrh? A measly $1,000? Give me a break. No, make that "give yourself a break"
    Not real great. Judgments and lawyers are expensive and since they have to pay the attorney fees out of what they collect from you if they ever do collect any money, it just isn't worth it.
    No! Use the validation letter everyone talks about.
     
  13. star

    star Well-Known Member

    The NCO lady just called me and said if I dont have payment of 800 in there office by next friday, "they may have to proceed with legal action" , will they really do this? how do I stall them? HELP
     
  14. lbrown59

    lbrown59 Well-Known Member

    Yes you are wrong.
     
  15. ohnostuck

    ohnostuck Well-Known Member

    Take their advice. You are asking for it, then not listening to their answers. I HIGHLY doubt you are going to be sued for 800.00. Not to mention, you have a case against them worth much more then that.
     
  16. Andrew

    Andrew Well-Known Member

    Didn't you tell her to put it in writing? Don't talk to NCO...if they want to sue, tell her to put it in writing.
     
  17. tom65432

    tom65432 Well-Known Member

    here are my comments.

    I got a paid collection removed from my credit reports and it got me one point.

    I dealt with NCO. They lied about everything but had me scared. This is before I knew about my rights. I do not think they will sue over a small amount. It is not worth their time. They are very heavy handed and this is just part of the game.
    Send them a validation letter and make them prove the debt. My experience is that many times they cannot prove the debt because the creditor destroyed all files. Don't just ask for validation. Ask for specifics - your signature, and anything else you can think of. Use the Lizardking validation letter. Send it certified mail, return receipt requested. If you don't ask for specifics, they will just send you a letter telling you they validated it. Also tell them in the letter to stop contacting you by phone and do not contact your husband at all. Tell them you want everything done by mail.

    If they can validate, you can work on paying them back. NCO will delete in return for payment - they did it for me. But, you must get it in writing and you must follow up. They lied to me and said they would remove. But, then they forgot their promise. I was lucky to get to a person within their organization who followed through. I cannot emphasize this enough - get everything in writing from them.

    Take a deep breath and relax. I do not think they will sue.
     
  18. lbrown59

    lbrown59 Well-Known Member

    There is no reason to pay them off; That is why you don't do it!
    The ones that get paid off are paid off in error because the consumer did not know their rights?
     
  19. bbauer

    bbauer Banned

     
  20. lbrown59

    lbrown59 Well-Known Member

    Stop talking to them on the phone . By doing so on the phone you are only digging yourself in deeper.
     

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