Okay for months that it showed up on my bureau it always said account paid in full never late and now mine too says paid charge off putting it in my negative items on my tu bureau. What do I do? I mean what the hell and why did they change it. I paid it off the first month damn EMCC got the account from x.com. Is this in violation of the FCRA since I was never 90 or 180 days late? I think it is but help me get rid of it. thanks
NCO is the largest collection agency in the U.S. today bar none. And although I have no proof of what I say, it is my belief that EMCCINC is an affiliate of NCO. EMCCINC was the original purchaser of the X.Com accounts when X.Com went out of business. What seems to be happening is that if EMCCINC cannot successfully collect the debt then they bump it up to NCO often claiming to have sold the debt to them. Both are truly sleazebag collection agencies whether they are in fact affiliated somehow or not. It is my considered opinion that one should follow the receipt of any demand for payment by a collector of any sort with a letter demanding validation. This is obviously the appropriate action to take because it is even the appropriate action to take upon receipt of demand for payment from the IRS of a purported tax indebtedness. Even IRS now falls under the auspices of FDCPA and of course the appropriate action upon receipt of demand for payment by IRS has always been to file demand for validation with the IRS. In that case, it's just a bit different because IRS must provide proof of assessment in the form of a lawful assessment of taxation which said instrument must bear 7 different indices upon it's face and be signed by a lawfully designated assessment officer. Absent lawful assessment of taxation, no tax is owed. That much is just as clear in law as is the concept of validation in case of simple alleged indebtedness. I bring up the IRS issue to show you how and why what I say is valid information and can be relied upon as true and correct. So it is clear that without proper validation of the debt, no debt is collectable unless the purported debtor simply wishes to pay without validation which is exactly the same process as occurs when one files his IRS Form 1040 or other applicable tax form each year. What I have found through long experience is that the purported X.Com indebtedness is unproveable and uncollectable and they know it but attempt to coerce as many as possible into paying up. Probably most folks just fall for it. I advise never to do that. Make them prove the debt and if they can't do that then take one might want to hire competent legal counsel and take them to court and make them pay for having caused you the embarrassment and anxiety. Maybe a few examples of that would convince them to be more careful of what they do in the future. I too believe that it is and I believe that I have supplied you with sufficient background so that you can rely upon what I have said as being true and correct. If you feel need of court decisions on the matter so that you can see for yourself what the courts have ruled I will be happy to provide that for you as well. Go get em me get rid of it. thanks
They did this to a couple of other people. Here is a link to how I resolved my problem with them: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=107237#post107237 I hope this helps!
