Please Help! NCO

Send a validation to MBNA. Although they don't have to comply, maybe they will. It's possible they don't have records any longer and may respond as such. If they do, then send a copy of that to the cra and demand deletion. Short of paying, I don't what else you can do.

And then if MBNA doesn't respond, you can send a letter to the cra stating that they can't prove the debt so it must be deleted. If it comes to this, make sure you send a copy of the validation you sent and a copy of the crrr.

 

MBNA will not respond.. The only record that they have is the phone number to NCO.. NCO purchased the Debt from MBNA .. and all dealings will have to go though NCO...

 

How can they report something as accurate if they have no record of it?

 

When the week is up I would send copies of every letter you sent as well as copies of the certified mail receipts to the cra, with a letter stating if the ca can't verify info being given by the creditor, then they cannot report it. Delete.
You can also send 1 more letter to MBNA stating they may be liable for violations committed by any collector that they have forwarded this to. And that the collector has seriously violated the FDCPA and your rights. You are therefore once again demanding validation of this account.

 

Send your letters to any CRA listing this as an open collection. Send estoppell letter to NCO.

This "account has been transferred to NCO and is no longer our account" is the M.O. of NCO, they are the worlds largest collection agency. If you sent your letter to the original address from the first dunning letter you received it is required that NCO validate. Having many locations doesn't matter it is all in the same NCO database.

If NCO continues to report without validation they are in violation of the FDCPA, if CRA continues to report they are in violation of the FCRA.

Count the violations X $1000.00 find a good attorney that will take this or file pro se and use your settlement towards your down payment.

Invite me to your housewarming.

 

Tell the CRA that it is a fraudulent account. Send letters every thirty days asking for proof of the alleged debt from the creditor reporting the information. This will build a good paper trail to give you ammunition with the CRA's...

If you get any lip out of NCO Financial, Their address and legal representative is:
NCO Financial Services (BONDED)
PO Box 7627
Fort Washington, PA 19034
Attorney Joshua Ginden - 215-793-2359 - direct
Kathy Bergard Asst X2110

Negotiations would be almost impossible or too risky. For starters, if NCO has bought the debt, MBNA can't do anything, but if they are reporting false and misleading information to the CRA, they have a responsibility to remove the incorrect information. Secondly, NCO's corporate office is located in Pennsylvania. It would be impossible to do anything with a restrictive endorsement, since PA does not see them as a valid contract..

My advice is to attack the CRA and the credior for reporting the information. The CRA has a responsibity, after being notified by the consumer of fraud, to verify the validity of a debt beyond their normal verification procedures. One simple verifcation letter will probably not do the trick. It may take several rounds and some phone calls to the CRAs legal dept to get anywhere..

 

Remember to send all your correspondence CRRR (Certified, Return Receipt Requested). You will get a receipt in the mail after it is delivered. If you don't send it this way, they can claim they never got it.

Same goes for mail you receive, by the way. If they're not sending stuff to you CRRR, you can claim you never received it.

-ingenue

 

What does paying NCO have to do with MBNA updating their records, unless of course, they really didn't sell to NCO. I suspect that is the case. When you send a letter to MBNA, you might also ask for proof that this account was sold. I bet you won't get it.

The letter to send to the cra's is in the letter section. It is the one that was entered on 12/12.

 

Not a soul will be able to prove the debt is yours in the first place. Your focus needs to be on the CRA and the creditor reporting the information. More importantly the CRA, since it is what everyone else cares about when it comes to your credit. Let the CRA know that absolutely no one will send you proof that you owe anyone a debt. Therefore, you have no reason to believe that the debt is yours and you would now like the FRAUDULENT information removed immediately or face legal action. Lizard king, LKH and others have had great experiences with dealing directly with the CRA, sometimes threatening or using legal action at times. Do what is necessary, but just do it. You have nothing to lose..

 

This seems to be the way of MBNA. I have a similar situation with similar dates too. Collections isnt reporting but MBNA is. So I am starting to work on the account as well and I'll keep you posted.

Thanks

 

MBNA doe not own the account.. When the accounts are charged off, they are sold to Collection Agencies, NCO is one of the Companies who buy the accounts.. From the point that the account is sold, MBNA will not have any information other than the Date tht the account was sold, the amount that was charged off, the Name of the Collection Company , along with the Collection Companies Tel Number...That is all the information that they have.. It will be reported to the Credit Reporting Agencies as a Charged off acct with MBNA, and MBNA will not delete it... At the time that it is charged off, it has been 180 days , there has been plenty of time to make arrangements, ect..

 

Excuse me, but if the account was sold, it needs to be accurately reported by MBNA, which would be "acct. sold or transferred". Reporting it as a charge off only is not accurate.