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doormat

this is the all time low on collections!!!

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My husband and I filed bankruptcy in 1993. We have crawled out of debt and our credit is fairly good now. I got a letter in the mail yesterday from an Chase providian credit card that was opened in 1987 and was included in the bankruptcy in 1993. What the H---?!! The letter is from NCO Financial Services Inc. And they are claiming I owe the balance of 4,354.45 plus $3,876.48 in interest. I called the 800 number this morning and spoke with a biotchy CS rep and explained that this account was included in a bankruptcy and why are they harrassing me 15 years later. I told her they had a statute of limitations and she told there wasn't any such thing. This has not been on my credit report for over 8 years and I do want them sneaking it back on there. I do not even have copies of the old bankrupcy papers. Can they do this? Should I send them a letter explaining the statute of limitations and the bankruptcy? How should I handle this? Is this Legal...I live in Georgia?

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Bad letter.

If you want NCO to go away, there are several ways to do that.

You can send them a Full C/D. "Do not ever contact me in any way, shape, or form about this alleged debt."

Or

You can sue their butts off and make some $$$ in the process

I prefer to make some $$$ out of the process, but the choice is yours.

FYI, that is not the all time low in collections. There was a case in 1992 where this collection agency was threatening to put a hit on a consumer, calling in bomb threats, etc...

A 10+M judgement was awarded for their effots.

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What would be the basis for the lawsuit? Sloppy record keeping? I am sending them a letter that states they should correct their records within 30 days or I would consider legal action.

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I told her they had a statute of limitations and she told there wasn't any such thing.
Just gotta love the intelligence of some CAs. :wink:
I do not even have copies of the old bankrupcy papers.
You should always keep important records such as that for just this very reason. If you filed your BK case in GA and it was closed in 1998 or prior, then your Bankruptcy Court has sent your closed file to the BK archives in East Point, GA. You can contact them and for a fee get a copy of your complete file. Here's their site:

http://www.archives.gov/southeast/public/court-records.html

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You need to do a little research before you think about suing. First, because Texas does have some almost consumer friendly laws, and second because in Wisconsin it is indeed illegal to attempt to collect a time barred debt (I think, which is why you should check). I'm not sure which would really govern here, but if you're going to sue, you might as well hang them out to dry.

Personally, I'd just send them a letter saying "Go away. This debt was included in BK and if you pursue it any further or attempt to place it on my credit reports, I'll look into my legal options."

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Doormat,

Provided you can prove the content of the conversations (GA is a one party state...radio shack sells recording devices for $25...hint...hint...)

You would have them on false or misleading representation (no such thing as SOL, really?), misrepresenting the amount/legal status of a debt (asking for IIB debt, bogus interest)

Don't threaten legal action. Don't tell them to correct their records.

"I dispute this alleged debt"

and see what they do, they'll probably just drop the issue.

Have you pulled your reports recently? If they report or re-age you can really slam their heads in a door.

Stay calm, and stay off the phones unless you are recording.

Like I said, if you just want this to go away "Don't ever contact me about this alleged debt in any way, shape, or form" is all you need to send.

or

If you are trying to make some $$$ out of this, and balance the good/evil forces in the universe, start documenting everything. Recorded phone calls are great, since there is no defense they can say to phone violations and most people don't think they are being recorded, so they just run rampant and violate the heck out of the laws.

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Sending the letter in an of itself was a violation. Whatever else you do, make sure you report them to the FTC- NOW. Make sure you send your letter CMRRR and check your reports. If they have reported, send the CRA's a dispute letter CMRRR as well. If they verifiy, hire a lawyer and sue the living crap out of them. If they are not reporting, send them an ITS and you can still make some $$$. Either way, they will be out of your life.

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No need to make this complicated. What NCO is doing is not legal at all. As a matter of fact, it is probably a felony contempt of court charge.

Your bankruptcy papers are stored at the National Archives. You may obtain a copy for $35 by contacting them. All you need is to send a copy of the discharge paperwork to NCO with a cease and desist letter by certified mail. The C&D letter should demand immedate removal of the derrogatory trade line and confirmation in writing. Once they get that any further contact other than to tell you they have removed the tradeline is a willfull violation of the FDCPA. Failure to remove the tradeline within the next reporting cycle of 30 days is a willful violation of the FCRA.

Have a lawyer deal with any violations appropriately.

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People, people, please the FDCPA is chicken feed compared to the power of the Bankruptcy laws and the clout of the bankruptcy court.

Forget the FDCPA violations, although they are violating, the REAL violation here is their violation of your discharge by attempting to collect on a discharged debt !! This is ABSOLUTELY FORBIDDEN by the BK law and you have one huge baseball bat to swing at the swine at NCO.

Yes, you need a C&D letter, and while I like WhyChat's SOL letter, in this case its not what you want. You need to tell them that they are to immediately cease and desist ALL collection actions as the debt was included in your bankrutpcy case in 1993. List case number, filing date and discharge date. You tell them that if they don't cease and desist, you will file a Motion for Contempt and request for sanctions against them and they can explain their illegal actions to a bankruptcy judge. You can recover all court and attorney costs as well as damages from them.

There is NO WAY they can put this zombie debt on your reports, but if they try it, do not hesitate, SUE THEM. The FTC slammed NCO pretty good last year for illegally re-aging and reporting debts, so they ARE vulnerable.

Send the letter certified, RRR and keep copies of everything.

As already stated several times, get copies of your BK papers from the archives, it takes about 2 weeks and do not EVER let them out of your hands again. Put them in a fireproof box or safety deposit box and hang onto them. With the prevalence of zombie debt collection, you need to keep this very important paperwork for a lifetime.

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To add to what lady in red said, I would notify the FTC of this. I kinda glossed over the BK stuff, but they are absolutely right. The debt doesn't exist. You should wind up and lay the smack down on the in a major way.

Contact the FTC, state atty general, news media, etc...

I say get some cash out of it as well for your FDCPA violations, but that is down the road. You already have proof of them trying to collect on a discharged debt.

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I did neglect to mention the BK laws because in the complaint it would be brought up, most likely in the first sentence. Once NCO is notified, good ol' Michelle Lyons will contact her anyway and she can get some money. But however you choose to handle this, make sure you send your complaints. This'll stick NCO but good...

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Full C&D, not **** they can do about it.
Actually yes there is, they WILL add it to her credit report anyway just watch and see then sue em to hell!

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People, people, please the FDCPA is chicken feed compared to the power of the Bankruptcy laws and the clout of the bankruptcy court.

Forget the FDCPA violations, although they are violating, the REAL violation here is their violation of your discharge by attempting to collect on a discharged debt !! This is ABSOLUTELY FORBIDDEN by the BK law and you have one huge baseball bat to swing at the swine at NCO.

Yes, you need a C&D letter, and while I like WhyChat's SOL letter, in this case its not what you want. You need to tell them that they are to immediately cease and desist ALL collection actions as the debt was included in your bankrutpcy case in 1993. List case number, filing date and discharge date. You tell them that if they don't cease and desist, you will file a Motion for Contempt and request for sanctions against them and they can explain their illegal actions to a bankruptcy judge. You can recover all court and attorney costs as well as damages from them.

There is NO WAY they can put this zombie debt on your reports, but if they try it, do not hesitate, SUE THEM. The FTC slammed NCO pretty good last year for illegally re-aging and reporting debts, so they ARE vulnerable.

Send the letter certified, RRR and keep copies of everything.

As already stated several times, get copies of your BK papers from the archives, it takes about 2 weeks and do not EVER let them out of your hands again. Put them in a fireproof box or safety deposit box and hang onto them. With the prevalence of zombie debt collection, you need to keep this very important paperwork for a lifetime.

Shouldnt the OC have some sort of responsibility to NOT SELL THIS DEBT as well? I mean where did NCO get it from? this is ludicrous!

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Full C&D, not **** they can do about it.
Actually yes there is, they WILL add it to her credit report anyway just watch and see then sue em to hell!

NCO will do no such thing. If they do, a timely complaint to the FTC will send them packing. They are being very careful because they don't want to get CAMCOd.

Basically they are still skirting the law, but as soon as they see someone knows their rights, they pack up and leave because they don't want a bunch of FTC complaints.

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Shouldnt the OC have some sort of responsibility to NOT SELL THIS DEBT as well? I mean where did NCO get it from? this is ludicrous!

Find out the answer to that and report them BOTH to the FTC. Sue them both as well. You've got NOTHING to lose here. Find yourself an attorney ( you won't have to pay them , NCO will do that for you).

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