chibuya Posted February 2, 2005 Report Share Posted February 2, 2005 If you would prefer not to read the whole situation, my question is at the end in italics.My neighbor from behind my house (we share the same address, we have different phone numbers, her is unlisted as well as mine) just came by saying that someone from such and such a number just called asking for me (by my full name) and they had "very important information for me".I called and it turns out they are NCO Financial trying to collect on a Cap One acct. First he wanted to call me back because he didn't have the information at the computer in front him. I allowed him to call me back, which he did and addressed me by my full name at that point.. then he said "oh lets see...what is your address"? I responded "you must have that in your system if you called my NEIGHBOR!" Then I got "oh yes, yes I see it here...well.. were calling about your Cap One acct that is showing on your credit report... you sound like a very intelligent woman... " this is were I interrupted him and said "first of all, its against the law for you to be calling my neighbors and secondly, that collection was paid off TWO YEARS AGO!"... "well, I hear that all the time from people and it make it easy, you can pay us right now $600.00 and we'll send you a paid in full settlement letter". He was more or less professional throughout the conversation, however I finally was able to "let it rip" because I finally have gotten 99% of my credit in order and I knew I was in the right. During the conversation he had the nerve to say, "you're obviously not a person who likes compliments...(said with the nicest of voice tone). Well, I had to tell him... "not when your 'compliments' are condescending!'"Anyhow, I will be faxing the paid in full letter tomorrow morning as well as sending it certified.I talked with my neighbor, and they did not difulge any information other than they had "important information" for me.My question is, are they allowed to skip trace and leave messages with my neighbors for me to call them? This maybe a slightly different situation since we do share the same address. Link to comment Share on other sites More sharing options...
DocDon Posted February 2, 2005 Report Share Posted February 2, 2005 Read Section 804 of the FDCPA "Acquisition of location information" regarding contacting third parties for location information.They can't harass them. Period (which is exactly what they are doing if they are calling them repeatedly). Link to comment Share on other sites More sharing options...
adminppdotcom Posted February 2, 2005 Report Share Posted February 2, 2005 I called and it turns out they are NCO Financial trying to collect on a Cap One acct. First he wanted to call me back because he didn't have the information at the computer in front him. I allowed him to call me back, which he did and addressed me by my full name at that point.. then he said "oh lets see...what is your address"? I responded "you must have that in your system if you called my NEIGHBOR!" Then I got "oh yes, yes I see it here...well.. were calling about your Cap One acct that is showing on your credit reportIf this phone call was the initial communication with NCO about THIS debt, they are required to provide you with the validation rights notice within 5-days of the call, if they did not provide it orally. Your validation rights period begins 5-days after the call if they did not send it and did not provide it orally.Send a request for verification of the debt, even though it was paid. They will be required to provide verification or cease collection activity. Likely they wont do either.Are they actually listing the account on your credit report? Link to comment Share on other sites More sharing options...
chibuya Posted February 2, 2005 Author Report Share Posted February 2, 2005 Yes, it is posted on my credit report. I'm in the process of sending letters to Experian etc.. to have it shown as paid or remove it. Link to comment Share on other sites More sharing options...
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