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spoke with CA Now what?


soccermom
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Help! I just found this site. I have been dealing with a CA for the last eight months. B of A has written off this debt as bad debt. NCO Financial has repeatedly called me at work (even after asking them to stop). I work retail and this really caught me off guard. The first woman who called really got snippy, threatening to contact my company's home office, garnish my wages and sue. I was really embarassed (this was my work) and told them I would pay a certain amount each month. I noticed when they send me statements that this money is not shown to be applied to the amount owed and that the original amount keeps going up. How much interest are these people allowed to charge? I would like to get this whole thing resolved, but don't know where to start. Please help.

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Never speak to them again. Write down all the details of all the phone calls you mention. See if any coworkers would be willing to affirm what happened should you need them to.

Stop sending them money and DV them. http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Also mention that are to communicate with you ONLY in writing and that it is inconvenient to call you at work or at home. There are sample letters on the site you can work with. Threatening to call your company's home office is a violation. So is threatening to garnish your wages or sue, if they are only saying it to harass and embarass you.

Once they send you the proper proof that you owe the debt (if they do), any agreement you make with them needs to be in writing. It's possible that they know the amount you're paying them every month doesn't cover the interest they're charging so they hope to just keep getting money from you. In fact you could mention this in your letter:

I noticed when NCO sends me statements that this money is not shown to be applied to the amount owed and the original amount keeps going up.

Anything which you are unsure about in regards to the account gives you a valid reason to DV it.

As for the interest, I forgot how that works and I think it varies by state law. Try searching "interest" in the Collections forum.

Once you've sent your letter to them (send it Certified, Return Receipt Requested to show proof), if they keep calling you, write down every detail - time, date, who, what was said, etc. Don't talk to them just calmly say "It is inconvenient to call me at work. Please stop. Communicate with me only in writing" etc, and hang up. If coworkers witness this this may help you later. If they continue to call you after writing to them to stop, it's a $1000 violation every time. So keep good records of everything that happens.

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Guest mikey

i wish i knew about that back when they called my work several times. i would have a small fortune. can you and how would i file against a CA if they tried to go after me if the statue of limitation has run out. do i need to file a countersuit before the trial or can i add it on at the trial if i have a case and its a violation of any law? i go to trial in august. original pretrial hearing was in dec...so much for a speedy trial. i am going to courthouse to see if i can have it thrown out due to lapse of 120 days. plus, i wasnt served papers with trial date..just a regular letter from law firm. i thought it had to be served by a summon server, or certified letter. good thing it didnt get lost in the mail or i would not have known and lost on default. but again, do i have a case for a counter since it was past sol? and would it be $1,000? and which violation listing would i base the counter on? thx in advance.

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A debt being out of statute doesn't mean they can't try to collect it. It just means that it's a waste of their time. The only thing they can do is sue you and you would have an absolute defense. I don't know Florida laws but they have extra protection for consumers like California does. It's been said that in California a CA violates FDCPA just by trying to collect on an out-of-SOL debt, period. Florida may be like that. Then again you may not be able to counter with that, only get it dismissed. Check all the state law stickies, I think they will help you. Search 'Florida Law', too, etc. I haven't had to sue anyone so I have no experience to share on that. Someone who knows more will probably chime in. But read read read there is a lot to learn. :)

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Guest mikey

i will look into it. i think it will teach them a lesson not to sue ppl who fall under the expired sol if i have a case for a countersuit like in cal. it would be nice to get $1,000 instead of them getting a cent from me.

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NCO Financial has repeatedly called me at work (even after asking them to stop).

Done ask them to stop, demand that they stop calling you in a written letter. The law states that you MUST send them a letter to cease communication.

Include this is want into your DV letter to the CA. Watch your Credit Files, if they do not list the account as disputed after 30 days, (I think) then you might have cause to challenge their TL on your CR.

§ 805. Communication in connection with debt collection

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

Oh this should be FEDERAL LAW... oh that would royally PO some JDB's.

a CA violates FDCPA just by trying to collect on an out-of-SOL debt,
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DV those dirty #$%# sucking @$#$@ of mother @#$$@ @#$@#!!!!

Hinky, did you already give her a link? I've got a great DV letter I use all the time but I don't know how to post word documents...is that even possible BTW.

Also soccer Mom, stay calm and work thru this PROCESS. Treat this just as you would your job, don't let it rule the day, just keep pressing forward and next thing you know it will be taken care of. NCO are dirty little thieves, if you took the IQ's of everyone that works for that company, added them together and multiplied by 10, you still would have barely enough intelligence to tie a shoe, if the idiot didn't drool all over themselves first.

You reset the SOL by paying them, but wait and see how they DV back, this serves as great documentation in case they sue, or in case you decide to sue. Too bad you couldn't record those @#$@# suckers berating you, judges love hearing that crap!

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Question: If a debtor has already started making payments to a CA and has never validated the debt, is it too late to do a DV?

No. If you have questions about amounts, dates, how they've been applying the money you've given them, ANYTHING, you should DV. A couple of people here will disagree, but the general consensus here is that it's never too late to DV. When in doubt, DV the CA.

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Thanks for the advice. I have already sent my DV and C&D letters. Here's another question. This CA actually spoke with one of my co-workers who gave them my workplaces address so they could send a "litigation letter" and garnish my wages. My co-worker will attest to this.

She actually gave them my store's address and not my home office adress and no letters showed up at my store. This CA has also contacted my boss (who works in a different location than I do), my parents and my in-laws. Isn't this illegal? Is there anything I can do or should be doing about this? It happened about 8 months ago.

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socarmom

You are being harrased, oppressed and abused - which in itself is a violation of the law. Each contact with a co-worker after talking with you is a legal violation and they owe you money for. READ FDCPA at least 3 times and think about your experiences as you read. Search NCO on this site. NCO paid the FTC $1,5 MILLION in fines in 2004 and currantly are being investigaded by the state of Mass. and could get their license in Mass. revoked. You can collect money for what they've done to you - do it and help us.

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