NCO / Capital One Problem

Send a request for validation ASAP. They may be blowing smoke, but don't take any chances, make them prove you owe the debt!

 

I originally created this post but had to create a new username because I was having trouble signing in.

If my wife already spoke to the guy (Mr Fields, I believe) from NCO about the debt, is it too late to validate?

He said that if we didn't agree by today to pay them $500 by the end of the month, they will summon us to court.

This is the first attempt for credit collection on this account, how can they demand something like that so quickly? Can the really summon her to court?

Has anyone had any luck dealing with NCO? We can't afford to give them $500 right now, as long as we make an agreement to pay them, can they still summon us?

Any help about NCO would be appreciated.

 

I originally created this post but had to create a new username because I was having trouble signing in.

If my wife already spoke to the guy (Mr Fields, I believe) from NCO about the debt, is it too late to validate?

He said that if we didn't agree by today to pay them $500 by the end of the month, they will summon us to court.

This is the first attempt for credit collection on this account, how can they demand something like that so quickly? Can the really summon her to court?

Has anyone had any luck dealing with NCO? We can't afford to give them $500 right now, as long as we make an agreement to pay them, can they still summon us?

Any help about NCO would be appreciated.

 

i would still send out debt validation letter to NCO immediately...i have dealt w/them once b4 and they never responded to my validation request, but removed the entries frm my credit report...acct is now bk w/OC, who i'm battling now

 

You will find that several others also have had the saem questions regarding NCO. Might I suggest that you use the forum search feature with the keywrod "nco"? First of all, you and your wife need to stop talking to these clowns on the telephone. You should draft both a debt validation letter as well as a limited "Cease and Desists" letter that outlines that all future communications be in writing to a specific address that you specify - optionally you can still leave telephone communications open by specifying that they only call a specific telephone number, on a specfic day and time of of the week. Also, CA like this are notorious for violating the statutes of the Fair Debt Colleciton Practices Act and you need to become very well versed in what they can and can not do. Seeing as NCO would have to first retain counsel in order to file suit, it sounds to me like this tactic may be in violation of section § 807. False or misleading representations [15 USC 1962e]

Michael


they obviously have no intentiooUntil you have made these initial steps,

 

1.You need to tell them to not call you or your wife at home or work. Only by mail.

2. Do not tell them anything but that.

3. You need to follow up with a CMRRR for them to validate this debt.

These 3 things should get you thru this until you've more time to research just how many times they've violated your rights.

Which I counted at least three FDCPA violations.

It is illegal under FDCPA for a CA to threaten lawsuits or imprisonment for non paymant, aslo for them not to give you 30 days to respond to the debt.

I dont have the Quotes but, someone will come along with them to help you.

oops, didn't mean to step on anybodies toes, sorry!

 

Here's the quote:

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

Threatening a lawsuit is not illegal if they intend to do so. That violation is a little shaky - at this moment and IMHO.


What it sounds like they may have done is overshadowed your right to dispute the debt. You have 30 days from their initial communication.

Read Sec. 809 of the FDCPA Validation of Debts

They also now have 5 days from the date of that phone call to put something in writing.

Bottom line, send out the validation letter and limited C & D as suggested above now, to start a paper trail. NCO violates the FDCPA on a regular basis, and with a proper paper trail you have a good chance of making them disappear.

 

Thank you for the suggestions! I was going to call this clown back and chew him out for harassing my wife so much on the phone. Should I threaten him stated that he broke some regulations or should I only call him and request all correspondence be done through mail?

He did say he "needed an answer today" on if we will accept his terms of paying $500 by the end of the month or face lawsuit. Is he blowing smoke? Can he (or will he) sue us if I call him today and ask for correspondence via mail?

 

First of all - threats are the stock in trade of a CA. Without threats they would have nothing to say.

That said, your first post stated that your wife is not working. Unless you live in a Community property State (ID, WA, CA, NV, AZ, NM, TX, LA or WI) the debt is not YOURS. You stated ina later post he was threatening to sue "us" meaning BOTH of you. If taht's the case, I would immediately send an ITS letter to this jerk for violation of FDCPA - threatening an action they canot take - suing an non-obligated party.

Next, I would recommend YOUR WIFE also sue the CA for communicating about HER debts with someone other than her (meaning you). That's also a FDCPA violation.

Each violation brings $1000 Statutory damages.

Second, it's time to start judgement proofing your wife. Take her name off all bank accounts. That way, even with a judgement, they cannot touch the bank accounts. She has no paycheck to attach, and unemployment cannot be garnished.

Do you own a home?
What state do you live in?

And BTW, a CA cannot actually sue - they can RECOMMEND SUIT, but unless they have an attorney on staff they cannot sue.

Here's something for you to consider: I was hospitalized for 4 months in 1997 and my income went from $100,000 a year to zero in those 4 months. Before my illness my credit was spotless. When I got out of the hospital not on eof my creditors would cut me any slack and give me time to get back on my feet. They drove me into Bankruptcy.

In the past 6 months I have collected MORE from them in FCRA and FDCPA violation suits than I owed them when they drove me into bankruptcy. The difference is - I collected, they didn't.

BUT they can, and often do, threaten. They are trained to find out what scares you the most and push that button until you pay them.

 

When I graduated from college and fell into serious debt with credit cards, a nice fellow called me from a collection agency. We had a pleasant hour-long conversation during which he tried to make me commit to paying about $300-400 a month until my debt was paid. I agreed to pay less than half of that because that was what I could afford.

We went back and forth on that issue and he became increasingly hostile. At no time did I raise my voice or get upset. He then threatened me with court action and hung up on me. I never heard from him again. Maybe he called but I was never home much to get calls anyway. I never paid a dime & that negative item stayed on my report for 7 years and then fell off.

The moral of my story is - stick to your guns & only pay what you can afford to pay. DO NOT let these collectors intimidate you. In my case I paid nothing because that was what I could afford. Now I am sitting pretty with a excellent credit rating.