I got a call from NCO for an AMEX account that we are 120 days late on -- about $9K (it's my DH's account but my name is also on it.) I told the caller to please send something in writing. He said we already have (not true) and we're "not wasting any more stamps." I said I wanted them to please communicate in writing and then hung up. This guiy called back 10 times in a matter of minutes. He then left this voice mail: " We know about your half million dollar "mansion in (name of our city) and I don't think the judge will be sympathetic. We'll be seeing you soon." Does anyone have any advice on this? Should I be worried? BTW, our background -- my DH has been out of work sporadically for the last 4 years (he was a six-figure exec at a Fortune 500). He's had 4 jobs in 6 years and we're just paying all the secured debt right now until he finds work. I'm a high tech consultant and my business has taken a big hit over the past 3 years, but things are starting to look up at least for me. We are barely surviving right now. What's the best plan for this?
ID guess you should send them a letter , CMRR to have them only contact you by mail and to validate the account to you . Rather than sit and wait for them to getcha .
Re: Re: Threatening NCO VM--Need Advice Ice, thank you so very much for this...it gives me hope... I've spent a few hours this evening searching the site for judgement/lawsuit issues and it's only made me more anxious. But, Bud Hibbs' description of NCO is right on the money. They harass and mock us whenever they call. I'd like to tape record them the next time -- their phone number luckily comes up on our caller ID, so I could conveniently set that up (if it's legal that is...) I'm thinking that because they are in Pa. and we're in CO, that the lawsuit talk is just another abusive tactic. But, I need to talk to DH about possibly judgement proofing ourselves. We want to payoff these bills, and in fact a few creditors have us on a hardship program. But we'll only pay for a validated debt and a tradeline removal with these CA's. I feel like I'm rambling -- I'd better get some sleep. Thanks, again, Ice for answering me. I notice the vets don't weigh in on these issues anymore -- I think they're tired of answering the same old questions Sweet dreams...Susanna
Re: Re: Re: Threatening NCO VM--Need Advice Sorry for all bold, HTML is not my strong point. I am surprised I can operate a computer. And go to bed, you said goodnight over an hour ago!!
Re: Re: Threatening NCO VM--Need Advice I'd like to tape record them the next time -- their phone number luckily comes up on our caller ID, so I could conveniently set that up (if it's legal that is...) susanna ================= You should record all phone calls with a CA legal or not.
Re: Re: Threatening NCO VM--Need Advice If the amount in question is high enough there is ALWAYS the possibility of suit being filed. Consider it this way, it may only cost them $250 to hire one of the lawyers in the collection agency networks to represent them to sue you, plus a few hundred in filing, serving, preparation costs, etc. If the account amount is above as low as the $1,000.00 range, you could be served. (A company in VA served my sister on a disputed account that they couldn't validate, which was just under $1000, and $250 or so in legal fees, and they actually put in to writing that they couldn't validate, interesting how when the magistrate faxed that letter to their lawyers offices, he didn't bother to show up for the hearing... doesn't that sound odd. (the three hour drive one way may have had something to do with that too...) ) Some will go right up to the hearing date huffing and puffing, making you think that they will show up, and then sell to the next sucker the day before the hearing to try to get a default judgement, and the proceeds from the sale.
Re: Re: Threatening NCO VM--Need Advice Some will go right up to the hearing date huffing and puffing, making you think that they will show up, and then sell to the next sucker the day before the hearing to try to get a default judgement, and the proceeds from the sale. jam237 ================== O the wonder of default judgments. I just love the way things fall trough the cracks in them. NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
Re: Re: Threatening NCO VM--Need Advice NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ Some will go right up to the hearing date huffing and puffing, making you think that they will show up, and 1*then sell to the next sucker the day before the hearing to try to get a default judgment, and the proceeds from the sale. jam237 ================== 1* Hain't this neat they get a default judgment on a debt they didn't even own. The second CA sues you for the debt and they get a judgment on it too. Now you get shafted with paying two judgments on one account. What a 2 for one special ! Defult judgments just have to be the best thing since sliced bread. !
Ice, thanks for this!!! Rubin's site is the best -- great info. concisely presented. I sent him an email and hopefully he'll give me his take on where I stand with these NCO goons. You know AMEX has not charged-off this debt and they keep sending us statements which my DH says he wants to pay to AMEX directly next month. We don't need all the add'l aggravation. Rubin will know about NCO's antics. I'm going to start taping their messages from now on. If they don't go away nicely, I will sue these SOB's. Acc. to Rubin's list of FDCPA violations, NCO was racked up 4 with us already. Thanks, again for all the help! I'll keep you posted! Susanna
Re: Re: Re: Threatening NCO VM--Need Advice Okay, I'll do it. But, I feel like a renegade Are the tape recordings admissable in small claims court?
Re: Re: Re: Threatening NCO VM--Need Advice Oh, if they sue, I will show up in court and I will be prepared -- thanks to this board!! I actually had to take a plastic surgeon to court two years ago -- district court. He had an attorney; I had none. I had to prepare; cross-examine witnesses; present a summary. I had to subpoena the MD 5 times to get him served to appear in court. But he was there. I was terrified. But, I won the case. He had to fork over $7K and now has a judgement against him for not "doing the right thing." (I chickened out on a surgery and he wouldn't return my $$$). I am preparing now for NCO -- just in case -- making contemporaneous notes of every contact and the related FDCPA violation. If they file, I'll file a countersuit. I don't want to go to court -- it's no fun. But, if that's the path this takes, I won't let NCO get a default judgement on me. They're going to have to fight me and spend a lot of $$$ in the process. If they tee this up; I'm there... Thanks for all the help, jam... Susanna
Re: Re: Re: Threatening NCO VM--Need Advice Whether they're admissible depends on your state. But sometimes just having the tape will get the other side to cave. The only tapes that are 100% admissible anywhere, would probably be answering machine, or voice mail message tapes, since the person knew, or should know that those messages are being taped.
Re: Re: Re: Threatening NCO VM--Need Advice If you ask their consent, it's always legal to tape. However, most won't give their consent. Check your state's law. In some states, only one party (you) has to know and consent. I know lbrown59 said to tape every conversation, but be careful with that. If you ever let it slip that you taped, and it's a two-party consent state, you have violated the law. You can be charged and fined or jailed. And it's not necessarily the CA who has to do it--it's a criminal offense, so the DA can decide to prosecute. If you do tape and it's not legal, immediately use it to write down a record of the conversation and then destroy (erase) the tape. And NEVER mention that you taped the conversation, just that you made notes while you were talking.
Re: Re: Re: Threatening NCO VM--Need Advice An update -- Got a call from a rep who identified herself by name saying she was from AMEX. I asked if she was with NCO and she replied No, I'm from AMEX. When I got off the phone, I noticed the phone number on the caller ID is NCO's phone number. Is misrepresenting yourself as the OC when you're the CA an FDCPA violation?
Re: Re: Re: Re: Threatening NCO VM--Need Advice Hedwig, thank you very much. I will heed your advice...Susanna
Re: Re: Re: Threatening NCO VM--Need Advice Jam, what do you mean by this? If they sell it off to another CA before the court date, the new CA can get a default judgement right away? I'm confused...
Re: Re: Re: Re: Threatening NCO VM--Need Advice Even if they aren't the documentation you make from them are.This is why you always record all calls.
