Hello, maybe somebody can guide me in the right direction. I am being harassed by NCO financial group. I sent them a cease communication letter and they tell me that it is useless and they keep calling. They keep threatening me with jail and lawsuits. What can I do, I know they broke the law, I filed reports with the FTC, BBB, and I am waiting for the attorney general to get back to me. What CAN I DO??? I cannot take the calls anymore, and the thing is, they accepted my last payment of 400 dollars, and they took another payment from me this month. I sent them a letter stating my offer to them, and by depositing one of the checks they enter into it, well they deposited it. WHAT CAN I DO TO STOP THE CALLS??? WHo do you report them too??? Thanks
I'd start to document the calls, and get ready to file a lawsuit. It seems that they are committing numerous violations. You have to be rather TOUGH with them, or they will try to steamroller you. They love intimidation and use it freely. Get tough back. As soon as you realize that it is them on the phone, inform them that you are recording the call. They *hate* that. Then do it. Others here may have better advice, I'm just posting from my personal experience with them. (Your mileage may vary.) Radi8
There is no such thing as a debtors prison. So they are just making a lot of noise to scare you. When you sent the cease & desist letter did you send it CRRR? If not I would send another one CRRR so you have proof that they received it. Start creating your paper trail so you can hang them in court if it comes to that. Good luck to you.
Ok, I sent them the cease and desist CRR, and yes I did send them post dated checks. What is wrong with sending post dated checks, I do owe the debt. What should I do??? Should I kill the checks??? They have been cashing my checks as per my offer to them. But they say my 400 payment means nothing. What the hell else can I do at this point, they keep threatening with legal action, but they still accept my 400.00 payment as per the offer I sent them. I put a stipulation that as long as they deposit at least one of the checks, than they are held to the agreement. What next???
Ok let's get a few facts straight. Are you able to claim bankruptcy? Can you simply not pay (these S.O.B.'s) and continue working without them taking you to court? What state do you live in? If you for instance lived in PA, they couldn't garnish your wages as they could in a state like Florida. Lastly, are you familiar with the federal laws against creditor harrasment? Do a search on this site for the cease and desist letters. You should find the correct federal law, which can be searched for (again, on this site) and that is something you should print out. As long as you have proof you mailed *a* letter to them certified return receipt requested, these bottom dwelling scumbags (NCO of course) have NO right to harass you. A cease and desist letter is a standard thing and they know what it is. They can't play dumb. Change your phone number if necessary, but as a last resort. One simple fact remains; there are federal laws with penalties against harrasment by creditors. There is no need to reason with them. If they harass you, thoroughly document the day/time they called and take their sorry asses to court. That's $1,000 per violation. Robert ========== research and reason, the only two things that separate us from the other animals
Ok, here is the situation, I don't wanna claim BK. I can pay these people 400 a month, it is not a problem. I know they are harassing me, I been to the BBB site and I filed a complaint, been to the FTC site--filed a complaint, ever filed one with the attorney general office. All these agencies tell me there is nothing they can do, what is the use??? Who enforces these damn collection laws?? Who can I complain to and have this taken care of??? Is it necessary to hire a lawyer???
Are you receiving notice from them 5 days prior to them depositing your post dated checks? If not, that is another violation. If you have them on that, along with not complying with the cease and desist letter, I would at this point draft a complaint and file it. No sense letting them harrass you like this when the law is on your side. L
Unfortunately, you are the one who enforces these laws. Tell them you are recording them - even if you aren't - and that you will use it for your lawsuit. The fact that you owe money doesn't take away your rights. It is illegal for them to threaten you. How old is this debt? What state are you in? read this: http://www.mwns.com/btf/Fair Debt Collection Practices Act How To Deal With Debt Collectors.htm
DSB ~ I had dealings with NCO before I found CN - I WISH WISH WISH I had found CN earlier!! Please, rack up every violation you can possibly get them on and go after them! They will not stop - they repeatedly called me at work after they were told to stop. They bullied me into making a settlement without any kind of deal - I didn't know any better. Yes, it was my debt - but they were constantly violating my rights. They just do what they want. Get them on what you can for all of us!!
First off take a deep breath. Relax. NCO is one of the worst. Now, at the beginning of the call, interrupt the caller. Ask for his/her name. Remind this idiot that you have sent a C&D and that they are now in violation of the FDCPA. When they begin to balk, tell the person that you are recording the call that that he/she will be individually named in the lawsuit. Now, go to your local small claims court. Get a copy of the form to file a small claims suit. Fill it out, file it and send a copy to NCO. This is when you now have the upper hand. Believe it or not, this is when NCO will back down. If they have the audacity to call again, state that since you have filed a lawsuit and this is yet another violation, you must INSIST that all communication be in writing from their atty. It is the best $25 - $50 (depending upon your court costs) you will ever have had to spend! Their violations may just actually pay your debt! LOL. From this site and others, I have seen that once you file the lawsuit, NCO will most often attempt to settle with you (on the lawsuit). GO for it!!!
I think that you need to ask NCO if theyâ??ve ever heard of the â??Fair Debt Collection Practices Actâ? and if they havenâ??t send them a copy along with another cease & desist letter. You should specifically refer them to section 1692c â?? paragraph (c) and section 1692d. That should get their immediate attention. Iâ??m not advocating that you file for bankruptcy protection or not pay your bills. However, no one should have to be subject to that kind of abuse. I agree with the other posters, start racking up the violations (I see 2 so far) and sue them.
go to radio shack and buy a phone line tape recorder. then when they call ask these things: Ok, now you're from NCO right? yes... and what's your name? xxx and let me make sure... today is Dec 1, 2002 right? (I'm just taking a few notes to keep this straight).. then let them threaten jail etc... then once you get it on tape... say Now... on x date you received a cease and desist then you have it on tape. Also you can request a copy of your who has called your phone from the local phone company. it will show their calling you after the cease and desist. once you get proof of their violations, stop paying them and sue them. if you'd rather use an atty, get one (On 400 a month you can afford it). the fair debt collection practices act doesn't care if the debt is yours or not... just whether or NOT they're violating the law trying to collect the debt.
