EricaLynn987 Posted April 17, 2007 Report Share Posted April 17, 2007 I apologize for the length of this post. My question is at the bottom.A collections agency (FNCB) contacted my husband a year ago stating that he owed money on a credit card account that was never paid off. At the time, he had other debts that he was trying to consolidate and take care of so he starting paying FNCB $200 a month to pay off this credit card account they said he owed (we had so much going on at one time that it didn’t occur to us to fully investigate FNCB’s claim...we assumed they were reputable and honest...a stupid move that we regret now, of course...lesson learned).Well, we just pulled a credit report in my husband’s name (from all 3 credit reporting agencies) and there is no record of this account that FNCB says he owes. According to FNCB, it was an account they got from NCO Financial. NCO Financial says it was a credit card account that they received from Chase Financial and the debt dates back to 1997. My husband contacted FNCB inquiring on the origins of the account and FNCB directed us to NCO. NCO directed us to Chase. Well, my husband called Chase and they have no record of the account number that NCO and FNCB gave him. Looking under my husband’s social security number, Chase couldn’t turn up any account this way either. So to make a long story short (if possible), we are now following the debt validation instructions on this website and stopped paying FNCB. We sent the validation request letters to all three companies and are waiting to hear back from them.Anyway, it sounds like FNCB cannot collect on this debt since Chase (the original collector) can’t even locate the account FNCB and NCO claim to have. Plus it is not even on my husband’s credit report.QUESTION: If this all turns out to be as we suspect (and hope) and FNCB cannot legally collect on this debt, is it possible to get our money back from FNCB that we have been paying them each month (total is about $2500)? We don’t want to hire a bunch of lawyers or anything, but is it possible to do in small claims court or something? Link to comment Share on other sites More sharing options...
chilton1 Posted April 17, 2007 Report Share Posted April 17, 2007 Welcome to CIC My exerience with chase is that they dont keep records forever like Amex. Anyway, Georgia SOL is 4 years so you don't have to pay them. Since the debt is from the 1990s it would not be on your credit reports; they only report for a maximum of 7.5 years. I would go ahead and send a debt validation letter to the collection agency that is trying to collect. Follow the Debt validation flow chart listed here and see what happens.I dont know if you can get the money back; you can always sue them for the money you paid to them. Link to comment Share on other sites More sharing options...
EricaLynn987 Posted April 17, 2007 Author Report Share Posted April 17, 2007 Thanks for the reply! Actually I forgot to mention that the debt was incurred in Florida, but I think Florida SOL is 4 years also...worst case it is 7 years, but that time has been passed as well.I don't know if it is worth the hassle trying to get our money back. I anticipate a big fight with FNCB about him no longer paying them and asking for validation, so I can only imagine what a pain it would be to fight for the money they already took from us. Link to comment Share on other sites More sharing options...
chilton1 Posted April 17, 2007 Report Share Posted April 17, 2007 You can send a letter telling them to ceast all communication with you.Did you sign an agreement to pay with them or were you just making payments with a verbal agreement? Link to comment Share on other sites More sharing options...
EricaLynn987 Posted April 17, 2007 Author Report Share Posted April 17, 2007 No, my husband did not sign an agreement to pay them. It was just a verbal thing over the phone.My husband sent a request to the original collector (Chase) asking for validation on the account number that FNCB and NCO gave him. He also sent a validation request letter to NCO and FNCB as well. Once he hears back from Chase that they do not have any account information on this account, he is going to send that info to NCO and FNCB. At that point, if FNCB keeps contacting him (we have not received any notices or anything from NCO), we will send FNCB a ceast and desist letter. I think that is the correct process. Link to comment Share on other sites More sharing options...
chilton1 Posted April 17, 2007 Report Share Posted April 17, 2007 Good luck. Let us know what happens. Link to comment Share on other sites More sharing options...
EricaLynn987 Posted April 17, 2007 Author Report Share Posted April 17, 2007 Thanks! I will Link to comment Share on other sites More sharing options...
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