ATTN SCMomof5 (NCO)

Actually I threatened to sue. I faxed a letter to all 3 CRAs telling them that the address I am receiving for Medclr is the identical address to NCO. I copied from the Florida Secretary of States web page, the information showing that Medclr has gone by many names, but the name Medclr, Inc. is currently defunked. Then I pasted a copy of where on Marlin Integrated/Medclr web page directed consumers to call a 1-800 # (answered "NCO"). I then pasted the regs from the Sec of St for PA (from the website) that said that all companies that do business in PA must be registered to do business in PA. Then I pasted the fact that they are not registered to do business in PA.

I stated that this company is operating illegally since they use a PA address for payments and lawsuits. Also, I stated that it was illegal for NCO to collect under any other name than NCO, yet they use Medclr, innovision, Marlin, etc. and claim that they only have a "business relationship" and that one does not own the other.

I copied it all into an email to Medclr/Marlin that I found on their website and I mailed a copy to NCO. I complained online to the Florida BBB, the FTC and the AG of Florida. (The AG sent it to the Banking Commission.)

I used personal contacts at all 3 bureaus:
Robin Holland @ Equifax
Don Richaman @ TU
Kim Hughes @ Experian.

All accounts were deleted within the week.

Good Luck!

 

SC,

I live in Calif. Do you think this would work in my state? I have Marlin on my TU and NCO on TU and EQ. I have already sent validation letters to both. I disputed NCO with EQ and they verified. Same with TU. Can I see an outline of the letters you used?

Thanks for your help.

IB

 

Since they are at home, I will try to get to that tomorrow. (meeting friends for dinner tonight!).

The best course of action with NCO listings (that say NCO not Marlin) is to send validation requests #1 and #2. Then send your intent to sue letter. Follow that a few days later with your small claims suit.

With the CRA with the Marlin listing, I would do the "illegal business operation" thing to get rid of that.

99% of the time, their lawyer will contact you and ask what it would take to make you go away!

 

With the CRA with the Marlin listing, I would do the "illegal business operation" thing to get rid of that.


My husband has one from Marlin intergrated. Please tell me how to prove the illegall business operation to get cra to delete,

btw I am from greenville sc

 

This seems to be a pattern with NCO.

Excellent work SCMomof5!!!

They are currently pinging on CR with inquiries from CRMC-BALT, which I believe is Compass Receivables Management Corporation - a company they bought in 1999 that they absorbed.

 

I live in Mauldin! Howdy neighbor!

Ok, What I did was to go to the state of PA Secretary of State web page. http://corps.state.pa.us/gnsearch.php
search for Marlin. You will get "No Records Found".
search for NCO. You will get
Search Completed for: NCO Financial

Entity Number Name Filed Date City Type Remarks
27929 NCO FINANCIAL SYSTEMS, INC. 3-22-1966 HORSHAM INCORPORATED BUSINESS
245489 NCO FINANCIAL SYSTEMS, INC. 4-27-1973 ROSEMONT WITHDRAWN INCORPORATED BUSINESS Withdrawn

Now, the law in PA: You must be registered with the State of PA to do business in the State.
§ 174.1. Business entity.
(a) A rational and appropriate distinction may be made between enterprises operated for profit and those for nonprofit. The word â??â??businessâ??â?? connotes being operated for profit. The purpose of Act 201 is to require disclosure of political contributions which could have been made with the object of obtaining financially remunerative nonbid contracts from government bodies. Nonprofit organizations would not normally benefit from these contracts, and are hereby deemed to fall outside the scope of the legislative intent.

(b) Only those business entities doing business in this Commonwealth are required to report on the current version of Form DSEB-504, as described in § 177.9 (relating to official forms). Parent companies of subsidiaries doing business in this Commonwealth but which do not do business here themselves shall also be excluded, even when a director of the parent corporation also serves on the board of directors of the subsidiary. In that case, that directorâ??s knowledge is relevant only as it pertains to contributions of other directors of the subsidiary.
Also:
). Foreign (out of state) Corporations must submit an application for a Certificate of Authority (form DSCB:15-4124) to conduct business in Pennsylvania


If you go to web site:
http://www.marlinholdings.com/
this gives you all the info on marlin and it's subsidiaries.... NOWHERE do you see a PA address.
You can find the same type info at the Secy of State Business section in FL.

Now, using your Bureau listing, show the Marlin Acct.
Show that they want all correspondence to a PA address. Show that the PA address they use is IDENTICAL to NCO's.
Show the FDCPA law:
§ 807. False or misleading representations [15 USC 1962e]
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

NCO is acting as if it is Marlin. That is a violation. Marlin is not legally allowed to do business in PA, yet is using a PA address.

SPECIAL NOTE!!!!!! All those being threatened with suit by NCO for a MARLIN or Marlin affiliate, in the state of PA, if Marlin has NOT registered a ficticious business name (which it has not), they are not legally allowed to SUE for the debt!!!!!!!!

The penalty for failing to register a fictitious name is that the unregistered entity may not use the courts of Pennsylvania to enforce a contract entered into using the fictitious name. The failure to register the fictitious name does not void the contract, but merely prevents such enforcement until registration. The court has the option of imposing a $500 penalty in these instances where the entity seeks to enforce the contract and subsequently registers the fictitious name in an untimely manner.

Combine everything you have regarding the facts that Marlin is not authorized to do business in PA, PA requires it (Therefore they are operating illegally) and that ALL Marlin leads to NCO, who is violating the FDCPA by trying to collect using a name other than their own.

Good by derrogatory tradeline!!!

Sorry this is ssssssoooooo long!

 

Did you dispute with NCO or the CRA?

 

Can you please tell what the letter should say exactly to get the removal?

Thanks