k12503 Posted November 29, 2002 Report Share Posted November 29, 2002 I am planning to sue Medclr for an unpaid medical collection that they have not validated. I honestly can't remember this debt and have asked for proof on the alleged debt. In trying to contact Medclr however, I am directed to NCO who claim to be the servicer of the account. All NCO does is send their compter printouts of fees which are not validation. MEDCLR claims that it is not a debt collection agency , that they purchased the debt and so the FDCPA does not apply to them as they are now the OC. More than 4 months have passed since I first contacted NCO about this debt. IF MEDCLR purchased the debt the FDCPA should apply shouldn't it? THis CO in collusion with NCO has had their BBB membership revoked and have a bad rep with the BBB. All my correspondence has been with NCO however and though the account appears as MEDCLR on my credit report, the address belongs to NCO. It is virtually impossible to speak to anyone at MEDCLR who are supposedly in FLorida, where I am, all the office in FL handles is sales and marketing!!. All disputes are directed to NCO who claim that they only service the account on behalf of MEDCLR. I have spent a lot of $$ on DV letters addressed to NCO and I am wondering if I have to go thru it all again with MEDCLR. When I disputed th account with NCO a notation of 2 times 90 days late has appeared on the account!! The alleged debt was incurred over two years ago!Wht is going on with this company? I think they are tying to circumvent the FDCPA. Additionally, the account is listed under Credit Account information ( not under the collections section of the report)so it is seen as revolving credit- seriously affecting my score. HELP!! I am about to scream![Edit by k12503 on Friday, 29, 2002 @ 01:38 PM] Link to comment Share on other sites More sharing options...
Slow Eddie Posted November 29, 2002 Report Share Posted November 29, 2002 <blockquote>Originally posted by k12503MEDCLR claims that it is not a debt collection agency , that they purchased the debt and so the FDCPA does not apply to them as they are now the OC. </blockquote>i'm new to this, but they are wrong.. if a collection agency purchases your debt, that does NOT make them the original creditor.. they are still a debt collector and have to adhere to FDLPGAICUP laws..i read that somewhere on the main site, i'll see if i can find a reference.. ok, i found the reference.. its in here a little ways down the page.. http://www.creditinfocenter.com/rebuild/debt_validation.shtmlsorry i cant help with the other issues, but maybe since they are govenred by the FCPGAURAQT and didnt know it, they violated ome laws? did they not validate?- eddie - Link to comment Share on other sites More sharing options...
Swede Posted November 29, 2002 Report Share Posted November 29, 2002 As long as the account is delinquent at the time of transfer, the new assigee/owner still falls under the FDCPA. Eddie, welcome to the board but what are these laws you're referring to....? FDLPGAICUP and FCPGAURAQT??? Link to comment Share on other sites More sharing options...
illegal_alien Posted November 30, 2002 Report Share Posted November 30, 2002 yeah what's up with this FDLPGAICUP and FCPGAURAQT laws? I sure hope its a typo!! hehehe Link to comment Share on other sites More sharing options...
Slow Eddie Posted November 30, 2002 Report Share Posted November 30, 2002 thanks for the welcome..apparently i'm bad at remembering acronyms.. i meant fdcpa..- eddie - Link to comment Share on other sites More sharing options...
vonniegirl Posted November 30, 2002 Report Share Posted November 30, 2002 Leave him alone you big luggs You knew exactly what he meant He's being helpful.. aren't you SLOOOOOOOW EDDDDDIIIEEEE He's fast enough to send a helping answer.We love it! and we love you Thanks for the help All are welcome. All are welcome. [Edit by vonniegirl on Saturday, 30, 2002 @ 11:24 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted December 1, 2002 Report Share Posted December 1, 2002 one more time on the ex-nemisis MEDCLR...Put together the following proof:The address the CRA gives for MEDCLR (which we all know is NCOs)The PA law that states that a company must register to do business in PAThe PA States Corporations Office (Secy of State) that shows MEDCLR is NOT registered to do business.SAME site, get NCOs informationShow NCO address = MEDCLR address-------1. Complain to CRA about MEDCLR collecting illegally and in violation of PA law. (This got it deleted from DHs) 2. Sue both for violations. NCO is violating the FDCPA for collecting using a name not their own. Link to comment Share on other sites More sharing options...
demoncasterouter Posted December 2, 2002 Report Share Posted December 2, 2002 Been there done that......I had the same identical situation w/ MEDCLR and NCO was shielding them just like yours. I sent an intent to sue to Tracy Wild in the compliance dept.. Got a letter today for a promise for deletion for both accounts. Lemme know if you need help w/ this. [Edit by demoncasterouter on Monday, December 2, 2002 @ 03:30 PM] Link to comment Share on other sites More sharing options...
Swede Posted December 2, 2002 Report Share Posted December 2, 2002 <blockquote>Originally posted by demoncasterouter Got a letter today for a promise for celetion for both accounts. </blockquote>Awesome Demon Good job!! Link to comment Share on other sites More sharing options...
vonniegirl Posted December 2, 2002 Report Share Posted December 2, 2002 And that's how it's done Three thumbs up to you demoncasterouter Link to comment Share on other sites More sharing options...
admin Posted December 2, 2002 Report Share Posted December 2, 2002 I think you should change your name to NCOcasterouter. Link to comment Share on other sites More sharing options...
demoncasterouter Posted December 2, 2002 Report Share Posted December 2, 2002 Thanks, but actually kudos to you all for showing me all of this. If it weren't for this site and others, I wouldn't have a clue what to do, and I would have either gone to some agency, or waited 9 years. Thank you all for all of your help!God bless y'all! Link to comment Share on other sites More sharing options...
k12503 Posted December 3, 2002 Author Report Share Posted December 3, 2002 demoncasterouter, I'm taking you up on your offer-regarding Medclr. Emailed you but not sure if you junked it.What was your experiece with Medclr- any help appreciated. [Edit by k12503 on Tuesday, December 3, 2002 @ 01:43 PM] Link to comment Share on other sites More sharing options...
demoncasterouter Posted December 3, 2002 Report Share Posted December 3, 2002 Yeah, I emailed you yesterday. Did you get it? I hope you did b/c it was a long one.....??? Link to comment Share on other sites More sharing options...
jordanmorganusa Posted December 6, 2002 Report Share Posted December 6, 2002 NCO is omnipresent. MedClr IS NCO, and you won't have to prove it. But bring Jeff Corwin and some anti-venom with you. They are horrible to deal with. Email me if you need help. Link to comment Share on other sites More sharing options...
LadynRed Posted December 6, 2002 Report Share Posted December 6, 2002 Interesting. When NCO calls me it shows on my caller ID as "Compass Receivables".. another bogus name !!! Link to comment Share on other sites More sharing options...
Anonymous Posted January 10, 2003 Report Share Posted January 10, 2003 Actually, once a debt is purchased, even if delinquent, it becomes first party debt, and is not accountable to the FDCPA, it is however, accountable to Fair Business Trade Act, I think is what it is called.RegardsLazerus Link to comment Share on other sites More sharing options...
cookiemnster Posted January 10, 2003 Report Share Posted January 10, 2003 <blockquote>Originally posted by lazerus1974Actually, once a debt is purchased, even if delinquent, it becomes first party debt, and is not accountable to the FDCPA, it is however, accountable to Fair Business Trade Act, I think is what it is called.RegardsLazerus</blockquote>Nope.There are FTC Opinion letters and court cases regarding this. If the debt is delinquent at the time of sale, the CA is still subject to the FDCPA. Link to comment Share on other sites More sharing options...
Swede Posted January 11, 2003 Report Share Posted January 11, 2003 <blockquote>Originally posted by lazerus1974Actually, once a debt is purchased, even if delinquent, it becomes first party debt, and is not accountable to the FDCPA, it is however, accountable to Fair Business Trade Act, I think is what it is called.</blockquote>No that incorrect. If an account is in default at the time of transfer, the new owner/assignee is most certainly bound by the FDCPA. Can you post a link to the Fair Business Trade Act. I am not familiar with it and can't find it in any searches I did.Wadlington v. Credit Acceptance Corp -Sixth Circuit"The legislative history of section 1692a(6) indicates conclusively that a debt collector does not include the consumer's creditors . . . or an assignee of a debt, as long as the debt was not in default at the time it was assigned. See S.Rep. No. 95-382, 95th Cong., 1st Sess. 3, reprinted in 1977 U.S. Code Cong. & Ad. News 1695, 1698. See also Kizer v. Finance America Credit Corp., 454 F.Supp. 937, 939 (N.D. Miss. 1978)."FTC Opinion LetterThis responds to your letter dated December 2, 1993, inquiring whether Midland Credit Management, Inc. ("MCM") is a debt collector under the Fair Debt Collection Practices Act ("FDCPA" or "Act"). You report that MCM "purchases portfolios of delinquent accounts receivable for the purpose of profitable recovery, resale and cure. blah blah blahh blah.....In sum, it is our view that a party that obtains consumer obligations in default for the purpose of collection is a "debt collector" under the FDCPA, even if that party actually purchases the accounts from the original creditorFAIR DEBT COLLECTION PRACTICES ACT UPDATE 1999(Scroll down to PURCHASERS OF LOAN PORTFOLIOS INCLUDING DEFAULTED DEBTS to read more about purchasing delinquent debts.)A company which acquires a block of receivables is a "debt collector" with respect to those receivables in default at the time of acquisition. The leading case is Kimber v. Federal Financial Corp., where the purchaser of credit card receivables from W.T. Grant, which had gone bankrupt, was held to be a "debt collector" with respect to those receivables which were delinquent at the time they were acquired. Link to comment Share on other sites More sharing options...
troubledconsumer Posted March 30, 2003 Report Share Posted March 30, 2003 <A HREF="http://www2.state.ga.us/GaOCA/FBPA.html">Fair Business practices act</A> Link to comment Share on other sites More sharing options...
Recommended Posts