NCO - what is first?

Discussion in 'Credit Talk' started by MtnMan, Jul 21, 2003.

  1. MtnMan

    MtnMan Member

    NCO trying to collect on old apple computer loan. We started paying (long before we found this place). Last payment we made to them was in Feb03. We haven't taken or returned any calls until last week when they called my wife's cell phone (don't know how they got that). Right after the rep (no mini-miranda) got "I'm sitting here with attorney XYZ" she said "Don't call me" and hung up. They had also tried 3 other numbers and left messages on each.

    Later that night my wife got nervous and called back, the same rep said "You hung up on me earlier. You are sued." then hung up on her. Now he has called back again today.

    Given that we have paid them some money, which is the best way to proceed?
     
  2. jsummers

    jsummers Well-Known Member

    Always start off with a Validation letter, I would also state in the letter, that all communication from this point on should only be done in writing through the US mail .. I have and am dealing with NCO in Minnesota for my Fiance.. and your right they are complete A**HOLES.. Dont even try and deal with them, make them validate the account.. Wether or not you are making payments is not of concern.. They still have to validate it to you if asked.. IT is still going to be on your credit report..but worry about that later..

    They threatened to sue her and all that stuff.. I said okay, see ya in court.. Then I hung up, drafted the letter to NCO and faxed it to them.. and sent it that same day CRRR mail.. Havent heard shit from them.. They havent validated the account, or called.. I will go for removal of the tradeline after another month.. Just dont have time to deal with them now..
     
  3. jsummers

    jsummers Well-Known Member

    Here is a copy of my letter


    RE: Providian Account #

    To Whom It May Concern: In recently reviewing my credit profile, I discovered the above referenced account. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

    You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Please complete the Creditor Disclosure Statement and provide the following information return same to me within specified time period, infra.

    1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
    2. What is your authorization of law for your collection of information?
    3. What is your authorization of law for your collection of this alleged debt?
    4. Please evidence your authorization to do business or operate in this state.
    5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

    You have 30 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed.

    For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

    I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection

    Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

    In closing, I am requesting all future communication be done in writing via US mail. I DO NOT want to receive any calls at my home or work regarding this matter. All future correspondence should be done in writing.

    Best Regards,
     
  4. lbrown59

    lbrown59 Well-Known Member

    1*No more payments.
    2*Broke the golden rule- That is phone silence is golden.
    3*Don't pay them another cryin dime and send them the validation letter today.
     
  5. ajordan

    ajordan Well-Known Member

    email John Emmons - Compliance Officer

    He is an idiot but will evenrually give. Anyone would if they came into work every morning and saw your emails. I had him delete 3 tradelines about 2 months ago. He was sick of seeing my emails.

    john.emmons@ncogroup.com

    He is their New York Office. His email is all over google.
     

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