Need Help On Something

[candydandy]

Back in January 2004, I made a post here entitled "Property Title & Asset Search! HELP!!!! PANIC ATTACK!" (you can find this post here)

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=77006&highlight=#77006

My statute of limitations to act on these recorded phone calls (I still have hard copies of these recorded phone calls, and plan on sending a copy to both NCO and Citi as proof) runs out on January 15th. During the time these phone calls were made, the debt was still owned by Citibank, but was hired out to NCO. (I have credit reports to back this up.)

I want to send a letter to Citi (since they are responsible for the actions of the NCO crew that left these messages on my answering machine.) This account has since been bought by NCO. I also want to send a letter to NCO showing them the violations they created with these phone calls.

My goal on this is:

NCO: Have them remove the collection record from my credit report, have them mark this bill as paid in full, and also to get some money out of them. This company is bad enough to give you nightmares with their dirty tactics.

Citi: I want them to pay up for the actions of NCO and remove anything pertaining to this account from my credit report. (This company is also really bad to deal with)

The amount due on this account was $2425 which was the amount listed last January. It has since been listed as $3242 and climbing almost daily.

I have a letter begun to Citi about this account, and am working through getting all the details down. I'm on a short time schedule right now, since I plan on filing in my local court before the 15th of January. I'm hoping not to have to even go to court over this, and am hoping both NCO and Citi will accept an out-of-court settlement, but am ready and willing to go to court if neccesary.

What's the odds of me being successful by sending the letters outlining the offenses, (then showing I'm serious by filing this in local court), and successfully settling out of court?

[candydandy]

(EDITED TO PUT IN BETTER LETTER TO NCO LEGAL DEPT.)

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To: Whom It May Concern,

This letter is in regard to 2 phone messages left on my home answering machine dated January 15th, 2004. There was two separate messages left on that date, as well as 2 recorded phone calls involving a employee of NCO, and Gxxx Mxxxxx (Spouse of Jxxxx Mxxxxx)

Enclosed is a copy of both of the answering machine messages left. Below is a word for word copy of these messages.

First message left on Thursday January 15th, 2004 by NCO CSR (NCO/Attorney David Dwyer’s Office/specifically left by a Ms.Jones-the caller ID showing was # 716-639-7432.)

FIRST MESSAGE:

“Jxxxx Mxxxx, this is Ms.Jones calling from David Dwyer’s office. We have performed a Property, Title and Asset Search. A very serious claim has been filed against you. You need to return this call immediately. We’ve been in contact with Washington Mutual. We need to hear from you right away. 800-227-4000, ext. 3236.”

These messages contain several FDCPA Violations.

Just a few to note:

FDCPA Section 805 ( COMMUNICATION WITH THIRD PARTIES.

FDCPA Section 806 (5) More than 20 phone calls made over a 72-hour period. Can provide proof from Phone Company Records.

FDCPA Section 806 (6) False or misleading representations. The placement of telephone calls without meaningful disclosure of the caller's identity.A phone call easily proved that 800-227-4000 number belongs to NCO, and the extension number left (#3236) on recording was for NCO Legal Dept. NOT a Lawyers Office.

FDCPA Section 807 (2a) False or misleading representations legal status of any debt. This was done when Ms. Jones stated “A very serious claim has been filed against you," leaving the 'average consumer' to believe that legal action was being taken against us, though none had.

FDCPA Section 807 (4) This was done when she stated, “We’ve been in contact with Washington Mutual.” Washington Mutual is my mortgage company, and would lead the 'average consumer' to believe that actions were being taken that had to do with seizure of my home.

FDCPA Section 807 (5) The charge that ‘A very serious claim has been filed against you.’ was not only a charge that was not done as she claimed it was in her message, but no action was taken by this company to follow through and that was not intended to be taken.

FDCPA Section 807 (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. Ms. Jones claimed she was calling from David Dwyer’s Office, which veiled the true identity of the company, which was indeed NCO. Reverse Telephone number look-up proved this.

Second message left two hours later on Thursday January 15th, 2004 by NCO CSR (NCO/Attorney David Dwyer’s Office/specifically left by a Ms.Jones-the caller ID showing was # 716-639-7432.)

SECOND MESSAGE:

“James Miller, this is Ms.Jones. I’m calling from David Dwyers office. I need for you to call me right away. The phone number is 1-800-227-4000 ext. 3236. We have filed our claim in this office, and the client has asked that we present paperwork to your place of employment. If you would like to remain discreet in handling this matter, we need to hear from you immediately. That’s 1-800-227-4000 ext. 3236."

These messages contain several FDCPA Violations.

FDCPA Section 807 (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

FDCPA Section 806 (6) False or misleading representations. The placement of telephone calls without meaningful disclosure of the caller's identity.

FDCPA Section 807 (2a) False or misleading representations legal status of any debt. This was done when Ms. Jones stated “We have filed our claim," leaving the 'average consumer' to believe that legal action was taken against us, though none was.

FDCPA Section 805 ( COMMUNICATION WITH THIRD PARTIES. "The client has asked that we present paperwork to your place of employment." which threaten third party disclosure to place of employment. This statement also violated:

FDCPA Section 807 (5) The threat to take any action that cannot legally be taken. It is against the law for a Collection Agency or an Original Creditor to go to a consumers place of employment and present paperwork of any kind to them. This must first be taken to a court where the judge will then decide upon whether a wage garnishment is in order.

FDCPA Section 807 (5) The charge that ‘We have filed our claim in this office’ was not only a charge that was not done as she claimed it was in her message, but no action was taken by this company to follow through and that was not intended to be taken.

I also have 2 phone calls made between Gxxx Mxxxxx (Spouse) and Ms. Jones that took place on January 15th, 2004 and January 22, 2004 respectively, in which several violations were recorded each time. All the same violations above, as well as several others.

I am writing you now before aggressively proceeding with any litigation to offer you an opportunity to settle this matter out of court. I will be starting court proceedings on these 4 separate incidents within 7-10 days of mailing this letter to you. These 4 separate cases will be filed in XXXXXX County, Alabama.

That being said, I am willing to accept as a settlement, the sum of Four thousand dollars ($4,000) and have you permanently delete all tradelines from your company dealing with this account at all credit reporting agencies. I also expect a settlement paper from your company showing that this account will be blocked from reappearing on my credit file and will not be sold or transferred to another company, and that it will be considered paid in full and will not be resold. Upon receipt of such settlement, I will consider this matter closed and no legal action will be moved forward.

This offer is only good for 10 days after the confirmed receipt of this letter, after which time such offer will become null and void and I will continue with each legal proceeding. If you decline this offer of settlement, I will seek the full amount available in county court, as well as court costs, and possible attorneys fees.

I look forward to hearing from you to resolve this matter.

Enclosed are copies of the tape recordings left on my answering machine.

Respectfully,

XXXXXXX XXXXXXXX

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I found a minimum of 11 FCRA violations within two of the recordings, but since I expect them to never pay what is originally asked for, I am hoping for about half that, as well as removal from CR.

Any ideas?

[willingtocope]

Just my opinion, but you might want to rethink the amount you're asking for. They've violated the FDCPA...not FCRA...and its $1000 per action, not per violation. You can of course claim pain and suffering on top of that plus any legal fees, but that doesn't add up to $11k.

You might want to start out a little lower.

Also, are you in a one or two party state as far as recording phone conversations? The messages from your answering machine are fine, but if you recorded without their knowledge and you're in a two party state, you might want to be careful with that...

[candydandy]

Alabama is a one party state. I checked that out first. If I am in Alabama, then I can record the phone call as long as I know the phone call is being recorded.

Hmmm.....okay, since it is $1000 per action, then I have two recorded messages, and one recorded phone call. That is $3000.00.

So the OC can be found responsible for CA actions, but I can only get the OC on $3000?

Also, the letter I send NCO Legal Dept can only be for $3000 too right?

Is the Credit Reporting Agencies the only one who can be held for FCRA violations? If OC and CA can be held for this too, then it is basically only for what they report to the CRA right?

[willingtocope]

"action" basically means "court case"...$1000 per court case.

You probably could file separate cases...one against the CA, and one against the OC.

As for FCRA violations, I'm not as clear on all that...I beleive you can sue the OC and/or CA for reporting inaccurate info, and the CRA for not responding to requests for procedures and that sort of thing. And, while FDCPA case can go to small claims, I think FCRA cases must be done in federal court. Somewhat tougher...

[Recovering Attorney]

I would sue them in your local court, as Citi is a national association and NCO probably is authorized to do business in Alabama and thus amenablbe to suit.

If the lawyer was in Buffalo ( 716 AC), NYS is a one party state. So you are probably alright with the phone calls.

I would send a shorter, sharp letter to each, saying you have recordings and you intend to sue for the FDCPA and FCRA violations each of them has made. Personally, I don't think you will get anywhere with each of these two asking them to send you a check. If your real goal is cleaning up your credit report, ask NCO to do that as your recompense. Ask Citibank, too. Expect a fight from each

[candydandy]

I re-wrote my letter to NCO and listed it above.

Does NCO and Citi fight aggressively...even when people have hard proof of violations? I'd rather not go to court, but will if I have to. If I go to court, I will make sure to ask the judge for lawyer fees, court costs, etc.

By the recordings I have, would there be any possible FCRA violations there?