As some of you might know I am currently suing AT&T wireless for NCO's actions against me. I sued NCO and they folded and settled. I then sued AT&T since I did alert them all along about NCO's actions and AT&T did nothing to make them comply with the law and cease collection. Well I was scheduled for court this Wed but as luck would have it, it was continued by their attorney. Then low and behold I was served with a counter suit for $590.00 for the wireless accounts. Ummm seems like they want to play hardball. Well I contacted their attorney and we kinda went over things a little. He was unaware that the reason I did not pay AT&T to begin with is because they had never credited a phone I bought from them and then returned. They (AT&T) then never credited my account and so the billing dispute process started, which they never did respond to any of my 8 letters to them. Their customer service sucks! They then turned off my account for non payment, up until then I was a customer for 7 years. They then added early cancellation fees totaling almost $300.00. Funny thing is I was under no contract with them and could terminate service free and clear at any time I wanted. Well get this the attorney claims that NCO was operating independantly from AT&T and AT&T is not liable. I asked him was NCO contacted and contracted by AT&T to collect this debt for AT&T or was NCO just trying to make up their own account to get paid fraudulently? He said yes, that NCO was collecting a debt from AT&T but AT&T wasn't liable for NCO's actions. I said then AT&T could just disregard my several notices I sent to them alerting AT&T to the fact of NCO's illegal actions and AT&T isn't liable is that what your saying? He said, exactly Yes, we aren't liable and in fact you owe us money and we intend to get it from you. I said with all due respect attorney, unless you want to make an utter fool of yourself in court I would dismiss your countersuit against me and settle my suit as soon as you can. I have a mountain of substantial proof of AT&T's actions and inactions in this matter. I am sure you are also aware of what is called the "Clean Hands doctrine?" He said he was unfamiliar with it. I said really, then I will have to make it a point to explain it to you in court. I am kinda looking really forward to presenting my case and defending their suit at the end of this month! They really don't have a leg to stand on, from the start they never billed or credited me correctly despite all of my certified letters and phone calls and I have a copy of the return receipt for the phone and all of the billing statements which show it was never credited. I might add I did let them know this several times. How can they then send this invalidated and untrue collection to a collection agency which is known to break federal and state laws. I also told him a simple check by AT&T would have revealed that NCO acts and operates illegally all the time. I have the Better business report right here, AT&T was responsibile to contract their business to a reputable and honest company to collect their debts and NCO is NOT! How are they going to defend that NCO didn't break the law when I have a copy of the settlement check and contract? Should be rather interesting!! Tac
I was just wondering if yu could tell us how much yu got from NCO. I have an acct I am going thru hell with and I am going to send them a letter of intent to sue. Thanks
I settled with NCO for $1000.00 and court costs. That was the second time I sued them within 6 months!! They settled each time. Got get'em!! Tac
Cool thanks for the info.....If I need assistance can I contact you? I also have an acct that is being collected by a CA named marlin intergrated capital I think you had a run in with this company I am also located in PA and could not find a licence for them to collect in PA can I get them on that? Thanks
Marlin is owned by NCO, if you were to sue Marlin like I did, just list NCO Financial Systems as the defendant aka "Marlin" and that will do!! BTW collection agencies do not need to be licensed or bonded in PA. The expection to this is repossession companies, sorry! They do however have to have their name listed with the PA Department of State if they are doing business in PA. If they are not listed you can call the Department of State and inquire about them. If you then find they are not registered with them, you could then file a complaint with them. Not worth it if you ask me. Get them on solid FDCPA violations! Tac
Tac, just an FYI...its the Doctrine of Unclean Hands...not the Clean Hands Doctrine. Sounds like you are standing up for yourself! Don't let yourself get intimidated Whatever you do...don't blink L
