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Sent timely DV, NCO keeps calling


Blu
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I sent NCC (NCO) a timely DV and it was received/signed for on the 12 of June. I'm still getting calls from them. I know that's a violation, where do I go from here though? I've never dealt with them before, but I hear they are difficult to deal with.

They're also listing the account (SBC phone bill, I closed it when I moved to another city almost 4 years ago) as open, and Loan Type: Factoring Company Account. Should I dispute that as incorrect with the CRA's?

Any guidance appreciated. Thanks!

Blu

UPDATE on page 4.

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You could awnser it and tell them nothing more than. "I sent your company a dispute that you reviced june 12th. it was timely and I have not receved your validation of this debt yet. Why are you calling and violating the FDCPA???"

This should produce a "click" from their end of the phone. Do NOT discuss the account with them in any way shape or form. Also avoid using words that are confirmations (like Yes, correct) as they can cut and paste a converstation if they so chose.

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OK, I'll try that. What about disputing the TL's? With whom do I dispute with? NCO or CRA's? I'm a little murky on that part. Also, on the dunning letter I got, it says I owe 106 and change, whereas in the CR they are reporting I owe 107.00. I know it's just a few cents difference, but shouldn't both amounts be the same?

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First of all I think you should know that NCO are pond scum, they completely march to the beat of their own drum and never play by the rules.

NCO has been sued on both federal and state levels.

By the Federal Trade Commission (one of their largest suits ever) http://www.ftc.gov/os/caselist/9923012/040513ncocmp9923012.pdf

As well as by their home state of PA. It's really amazing that they are still on the map, some of us have speculated that they would be gone by now.

You should seriously file an FTC complaint (the link in my sig) as well as AG, BBB, and the other complaint links in my sig.

Here's another little read so you'll have an idea of who your dealing with

http://www.signonsandiego.com/uniontrib/20051228/news_1b28debt.html

It's really not that hard to file small claims court paper work. (Start your paper trail with all of your respective complaints, - keep print-outs of them if you are filing them online)

And to answer your question yes, unless they have provided proper validation calling you is a continued collection and a clear-cut violation.

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Thanks for the extra info CreditSultan. :) I am aware what type of scum they are. Heck, my dealings with Asset was a piece of cake compared to NCO. I groaned when I saw the dunning letter was from them. I'm keeping a log of the calls. I want to wait it out a bit and see if they send any form of validation, then I'll begin to file complaints, et al. All this over 106.00!!

Do I file with their AG or mine in CA?

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Do I file with their AG or mine in CA?

Yours, always. Your AG cares what the residents of their state think, and will act to protect them. I've had good results with mine.

Some other state AG will probably blow you off, UNLESS they are already pissed at the company you are complaining about. So it's not a waste of time, but don't expect much to happen.

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YW Blu.

Personally I always encourage people to file the AG complaints in both states, yours as well as theirs they are accountable to both. Also yeah, theses turkeys take huge risks for sometimes less than a Benjamin. Talk about desperado's - They haven't learned anything from all the trouble they've been in and likely will ultimately need to be shut down.

If it were me I would seriously begin the complaint process immediately, I respect you wanting to wait, or use it for leverage later, I'm from the school of thinking that the complaints let them know you are dead serious (because you are) and the idea of going to court will be the last lines of leverage if any.

G/L with this. - Keep us posted.

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Yours, always. Your AG cares what the residents of their state think, and will act to protect them. I've had good results with mine.

Some other state AG will probably blow you off, UNLESS they are already pissed at the company you are complaining about. So it's not a waste of time, but don't expect much to happen.

I'll send a letter to my AG and one to PA for good measure. Thanks. :)

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YW Blu.

Personally I always encourage people to file the AG complaints in both states, yours as well as theirs they are accountable to both. Also yeah, theses turkeys take huge risks for sometimes less than a Benjamin. Talk about desperado's - They haven't learned anything from all the trouble they've been in and likely will ultimately need to be shut down.

If it were me I would seriously begin the complaint process immediately, I respect you wanting to wait, or use it for leverage later, I'm from the school of thinking that the complaints let them know you are dead serious (because you are) and the idea of going to court will be the last lines of leverage if any.

G/L with this. - Keep us posted.

Thanks again CS. Yup, I'm waiting a bit longer (2 weeks) to get some leverage. It just pisses me off how they are reporting the debt, and I know they won't agree to 'Pay For Deletion'. And I am going to send letters to both AG's. And I'm pretty sure they've re-aged the account. I also plan on calling SBC to get some info (doesn't hurt I think). I no longer have the original closing bill, want to see if I can get something from them. I do know that I closed that account early December 2003.

Will keep you guys posted. It's my summer project! lol. Kind of scary and exciting at the same time ... never done this before.

One question that hasn't been really answered: should I dispute the TL's with the CRA's first?

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NCO is the biggest pain. I sent them a "I don't know who you are, or what debt you say I owe, BUT you better get off my report right now"

2 days later all 5 of their tradelines were gone. I never even disputed it with the CRA.

Ha! I didn't think of doing that ... too late now for me.

And things have been good since? They haven't shown up again?

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It worked for me. Mine were old and from another state.

I did the DV but never heard anything and nothing on my report changed. That is when I decided to try a different approach.

I bascially just use the standard "Who are you" letter.

NCO-Medclear

507 Prudential Road

Philadelphia, Pa 19044

Acc # I listed all of them here.

In a recent review of my credit report, I noticed that your company has placed 4 erroneous and derogatory entry, claiming that I owe you $xxx,xxx,xxx. I have no account with you, nor have I ever. The account numbers referenced above is all the information that I have concerning this alleged debt. Since you saw fit to place this item on my credit report, you obviously have all the information you need in order to investigate and correct your error.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Please also be aware that a sworn affidavit from your compliance officer does not constitute a valid validation of this debt.

I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other Federal and State agencies.

Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all telephone collection I require compliance with the terms and conditions of this letter within 30 days, or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages if my credit report is not accurate due to your mistakes.

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Good letter. I just quote the FDCPA and put "your claim is disputed." If they do send improper validation, then I will be sending another letter and adding to it.

I think the reason NCO is beginning to harrass me is because the SOL will be up in a few months.

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One last question.

On my CR it says the date placed for collections was 6/2005

Estimated date this item will be removed: 3/2010

Isn't it supposed to be 7 1/2 years? The phone bill went delinquent 12/2003. I'm confused. *sratches head*

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earlier it was asked.. I owe um 105 and change. it's reported as 106.. CRA's don't deal in cents (or sence most days) so they round off.

to the above question, who knows.. sometimes they just do 7 years total, or someone made a 3 month error in your favor ;)

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I ran across this article today:

http://www.attorneygeneral.gov/press.aspx?id=881

It appears that NCO agreed to a $300,000 settlement with the PA AGO in January of this year. This came directly out of consumer complaints.

So, I'd say anyone who is having any problem with NCO absolutely MUST file with the PA AG as well as their own state's AG. Let them know just exactly how well NCO is obeying the terms of the settlement.

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I ran across this article today:

http://www.attorneygeneral.gov/press.aspx?id=881

It appears that NCO agreed to a $300,000 settlement with the PA AGO in January of this year. This came directly out of consumer complaints.

So, I'd say anyone who is having any problem with NCO absolutely MUST file with the PA AG as well as their own state's AG. Let them know just exactly how well NCO is obeying the terms of the settlement.

ABSOLUTELY!

TRUTH!

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I ran across this article today:

http://www.attorneygeneral.gov/press.aspx?id=881

It appears that NCO agreed to a $300,000 settlement with the PA AGO in January of this year. This came directly out of consumer complaints.

So, I'd say anyone who is having any problem with NCO absolutely MUST file with the PA AG as well as their own state's AG. Let them know just exactly how well NCO is obeying the terms of the settlement.

Thank you for that info! I'll make sure to include that in the letters.

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IMO, more reason why you should file complaints with the AG's immediately irregardless of how things play out.

I do intend to write to both AG's. I have another question: in the dunning letter it states that NCO is an assignee of SBC. I assumed they were collecting on behalf of SBC. I called SBC (AT&T) the other day and I was told they sold my account to NCO. Now that NCO owns the debt, not SBC, can they still sue me? I didn't incur the debt through them.

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  • 2 weeks later...

UPDATE:

I got confused with NCC/NCO. When I looked up the number it says it's from NCO. I think NCC is part of the NCO network. I was also further confused because when I looked at the back of the dunning letter it had all of NCO's companys. So, I don't know what the heck is going on, but will continue to use the name and address of the dunning letter I got.

NCC/NCO is still calling. I have checked with the CRA's and the account they are collecting on behalf for (NCO/SBC) has not been marked disputed. Aren't they supposed to mark it disputed even if NCC is collecting on behalf of NCO?

I've begun the disputing process with the the CRA's and plan on sending a second DV.

Here's what I wrote in the 2nd DV (hasn't been sent yet):

To Whom It May Concern:

This letter is being sent to you as a follow up to the timely DV sent (June 8th) which your company signed for on the 12th of June (copies inclosed), to notify you that you are in violation of the FDCPA for continued collections without proper validation. If your company pursues with continued collections without proper validation, I shall file complaints with the FTC and the State Attorney General's Office.

I am requesting, in writing, that no telephone contact be made by your offices to my home, including but not limited to computer generated calls and calls or correspondence sent to or with any third party. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Am I doing this right? Any advice?

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This letter is being sent to you as a follow up to the timely DV sent (June 8th) which your company signed for on the 12th of June (copies inclosed), to notify you that you are in violation of the FDCPA for continued collections without proper validation. If your company pursues with continued collections without proper validation, I shall file complaints with the FTC and the State Attorney General's Office.

I would change that last line, as follows: "As your company continues with collections without proper validation, I have filed complaints with the FTC and the State Attorney General's Office."

Why waste time with threats? File the complaints today. It's not like NCO is going to like you any less.

I am requesting, in writing, that no telephone contact be made by your offices to my home, including but not limited to computer generated calls and calls or correspondence sent to or with any third party. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

You can try this line, but they do not have to stop calling until you send them an actual cease and desist.

A complaint to the AG will stop the calls faster.

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Thanks MDK003. I've revised the letter, I have complained to the FTC (today), sending letters to the AG's in my state and PA on saturday, have also written directly to NCO. I'm tired of their crap and 5 calls within 30 minutes is just ridiculous.

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