NCO Financial - Assignee of Capital One

[NickTemt]

Okay, so I keep getting a phone call from: 1-866-576-1447. I looked up the phone number on Google, and it showed up as NCO Financial. I see them on my Credit Report listing a debt owed to Capital One. I have a feeling these guys might try to sue me here soon. I would like to answer their phone call and see what they want. What kind of questions should I ask them? What kind of information should I try to get from them?

Also, I think I am going to Dispute this item with all three Bureaus as "No knowledge of account" or such. And then when it comes back verified, I'm going to send a D/V letter to NCO and Capital One. I've also thought about sending NCO a C&D because they call me EVERY day.

Any advice on this one?

[BV80]

I would like to answer their phone call and see what they want.

I'm sure you already know what they want. The only reason to answer the phone would be to record the call and hope they violate the FDCPA. If you can't record the call, don't answer.

Also, I think I am going to Dispute this item with all three Bureaus as "No knowledge of account" or such. And then when it comes back verified, I'm going to send a D/V letter to NCO and Capital One.

Is the debt within the SOL? If so, by disputing or DVing, you could stir up a hornet's nest. They might figure your trying to clean up your report and would be willing to settle a lawsuit.

I'm not saying they won't try to sue anyway if it's within the SOL. But if they haven't done so yet, why push it? That's just my opinion.

[NickTemt]

I am capable of recording a lengthy phone conversation via my cell phone. And in Iowa I do not believe I have to inform them I am recording the conversation. I would like to answer the phone call and try and catch them in a violation. But it seems as if it's automated, and they're requesting a call-back each time. And I am NOT about to call them bastards.

The debt I believe is still within the SOL, it was first reported on 08/2008. I don't even remember when I had the credit card, but I do remember having it. NCO has pulled inquiries on my credit report on: 06/2010, 11/2010, and 12/2010. It appears as if NCO Financial is charging me interest on this also, the balance has increased as follows;

05/2010 $1,153

06/2010 $1,165

07/2010 $1,177

08/2010 $1,193

09/2010 $1,205

10/2010 $1,221

11/2010 $1,227

Can a freakin' CA actually charge me interest on an Assigned debt? No where on any of my credit reports do I see the OC (Capital One) listing this debt as charged off, transferred, or anything.

Underneath status, NCO has stated: "Collection Account. $1,239 past due as of Dec 2010."

Something's not right here. They are reporting past due on this account MONTHLY to all 3 CRA's. Experian states, this account is scheduled to continue on record until Dec 2012.

What the hell is going on here?

[BV80]

Automated calls to cell phones are only allowed if the cell phone subscriber (you) gave your number to the person or persons calling.

I know you never gave NCO your cell number, but did you ever give it to

Cap1? If so, send them and NCO a letter revoking their right to call your cell phone.

If you never gave your cell number to Cap1, NCO and Cap1 are in violation of the TCPA.

The debt I believe is still within the SOL, it was first reported on 08/2008. I don't even remember when I had the credit card, but I do remember having it.

What does Cap1 state as the date of 1st delinquency?

Experian states, this account is scheduled to continue on record until Dec 2012.

Considering negative info can only remain on your CR for 7 1/2 years, it would seem to me that you defaulted in 2005. Do you have any idea at all when you last paid on the debt? Would you be willing to contact Cap1 to find out?

[Guest usctrojanalum]

Can a freakin' CA actually charge me interest on an Assigned debt? No where on any of my credit reports do I see the OC (Capital One) listing this debt as charged off, transferred, or anything.

My guess would be that Cap1 still owns the debt, you do not see Sold/Transferred to another lender on there anywhere?

[NickTemt]

Automated calls to cell phones are only allowed if the cell phone subscriber (you) gave your number to the person or persons calling.

I know you never gave NCO your cell number, but did you ever give it to

Cap1? If so, send them and NCO a letter revoking their right to call your cell phone.

If you never gave your cell number to Cap1, NCO and Cap1 are in violation of the TCPA.

What does Cap1 state as the date of 1st delinquency?

Considering negative info can only remain on your CR for 7 1/2 years, it would seem to me that you defaulted in 2005. Do you have any idea at all when you last paid on the debt? Would you be willing to contact Cap1 to find out?

I could probably call Capital One to get that info. I'm guessing, that if it's supposed to be deleted in Dec of 2012 that the SOL is already up, and they're trying desperately to get the debt paid off. These bastards called me again at 8:56pm last night.

My guess would be that Cap1 still owns the debt, you do not see Sold/Transferred to another lender on there anywhere?

Absolutely no where. I do not even see Capital One ANYWHERE on ANY of my credit reports. It is only NCO financial that I see, and they are only listed as an "Assignee".

I did not give either Capital One or NCO my phone number, my phone number has changed numerous times since I have had my Capital One credit card. The only way I would assume that NCO Financial got my phone number was to do an inquiry into my credit report. Which they did on 06/2010, 11/2010, and 12/2010.

Can I sue them?

[BV80]

I would call Cap1 to see if they have any info on your default date. Whether or not they have the information, DV NCO. If it's outside the SOL, they could sue, but they probably won't.

I did not give either Capital One or NCO my phone number, my phone number has changed numerous times since I have had my Capital One credit card. The only way I would assume that NCO Financial got my phone number was to do an inquiry into my credit report. Which they did on 06/2010, 11/2010, and 12/2010.

Can I sue them?

Yes, you can sue NCO under the TCPA. If they're reporting inaccurate information to the CRA, dispute the information. If it comes back verified, you could sue under the FCRA and the FDCPA, as well.

You could sue them yourself, or you could do some research to see if there's an attorney in your area, or even your state, who would take your case on contingency.

[mad as hell]

i got nco go to away with for an amex account. I send a very detailed Debt val letter. and followed up with two very stern letters and they sent me a letter and said my account was closed with there office.

I would send a DV and just hold tight and see what they do. I look at like a chess game, only move when they move.

[NickTemt]

I'm assuming I should first do a Dispute with all 3 CRA's, and then after they're verified do a DV with NCO, right?

Or should I just direct my time and effort to pursuing a lawsuit?

[Prosay]

I've dealt with these guys on a couple of matters.

I send them my DV letter, and specially DEMAND that they show documented proof that they have been "assigned" the alleged debt. In Tenn, all CA's MUST SHOW PROOF by showing a properly executed and signed letter/agreement proving assignment. Now the question is this....have they been 'assigned" to collect this matter FOR THE CARD COMPANY ?...or have they purchased this alleged debt "for valuable consideration ? In any event, "the burden of proof falls

upon NCO". ( OR ANY OTHER COLLECTION AGENCY )

Always demand proof of the "assignment", retainer agreement.

Also demand proof of the bill of sale showing the valuable consideration paid.

I betcha a sack full of jelly beans that any letter you received WAS NOT SIGNED BY ANYONE ! Demand to know the name of the individual who "conducted a thorough and meaningful review of this matter" BEFORE THEY SENT THE LETTER/S TO YOU, AND WHY WAS THE LETTER NOT SIGNED ?

DEMAND TO KNOW THE NAMES OF ALL PARTIES WHO HAVE "PERSONAL AND FIRST HAND KNOWLEDGE" OF THIS 'ALLEGED DEBT"

I always throw in a little something like this"

"Your unwillingness or inability to submit proper documentation suggest that you might in fact have no such documentation, and you/your firm may be accountable under US CODE TITLE 18 CHAPTER 63 MAIL FRAUD (FRAUDS AND SWINDLES) which is a felony and provides for severe punishment including INCARCERATION AND SEVERE FINANCIAL PENALTY for all parties concerned.

...now if you haven't yet received a letter...I think by law, they are required to send a letter within 5 days of initial contact, ...just wait for their letter to respond.

AND WHEN YOU RESPOND...INSIST that they verify and document how they arrived at the amount so stated in their letter in accordance with THE TRUTH IN LENDING ACT ..REGULATION Z.

Insist that all future communications be conducted by US MAIL ONLY, and advise that they are to IMMEDIATELY CEASE ALL TELEPHONE CALLS TO ANY OF YOUR NUMBERS WHICH THEY HAVE ON FILE.

Hammer away at these guys...they'll get the message !

[NickTemt]

Do you have an example of a DV letter I can use to send these scumbags?

[daybyday]

To whom it may concern:

This letter is in response to a notice sent from your office on _______, 2010. Be advised that this response is to inform you that your claim of indebtedness is disputed and validation is required. This is not a request for “verification” of proof of my mailing address.

I deny the debt alleged is my debt, if it is my debt, I deny that it is a valid debt, if it is a valid debt, I deny the amount alleged is the correct amount, if the amount is correct, I deny that the charges are fair and reasonable.

In order to validate this alleged debt, I will require that you provide me with the following:

 What you allege the money I owe is for;

 Copies of any and all documents that show I agreed to pay what you say I owe.

 All documents that prove you are legally authorized to collect for the original creditor.

If your offices are able to provide the legal documentation as requested, at least 30 days to investigate the information will be required and during such time all collection activity must cease and desist.

Please be advised that you should assure your records are in order. This is an attempt to correct your records; any information obtained shall be used for that purpose. If your offices fail to respond to this validation request within 30 days from the date of your receipt, it shall be assumed this debt is invalid and any or all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I am also requesting, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS register mail or similar service.

___________________________________

This usually makes phone calls stop and will probably make them go away. Be sure to reference their File # and send certified, return receipt mail.

The template is to pick the easy people and pass on the fighters to another CA. So expect another CA to pop up in 30 - 45 days with the same routine.

Rinse and Repeat, until some one files suit. Keeping copies of the DV letter and CRR establish that the alleged debt has been disputed and that the defendant has attempted to reconcile the allegation.

*

[NickTemt]

Just a quick update.

I had sent a Cease and Desist letter to NCO Financial. Since that letter they mailed me a letter which on it stated "this is an attempt to collect a debt....yadayadayada"

So they just broke the law and are now being sued by yours truly.

Count I:

Violation of the Fair Debt Collection Practices Act

Defendant violated §1692c© of the FDCPA by contacting Plaintiff in a continued effort to collect a debt after Plaintiff send Defendent a cease and desist demand in writing.

Count II:

Defendent violated the Rosenthal Fair Debt Collection Practices Act

Defendent violated the §1788.17 of the RFDCPA by continuously failing to comply with the statutory regulations contained within the FDCPA, 15 U.S.C. §1692 et seq.

Statutory damages of $1,000 pursuant to the Fair Debt Collection Practices Act

I will also be requesting they remove any negative information from my Credit Files.

[antiquedave]

NCO was my first contact and the DV request was ignored but they stopped calling, next was Global send DV and they stopped calling, 3rd contact was collections attorney who had the summons drawn up within 2 weeks of getting the account.

If NCO goes away I would strongly suggest to anyone that they immediately start preparing to defend themselves in a lawsuit. That way you won't have to cram it all in your head in 21 days.

If its Cap 1 its coming.......

I have not had a chance to post about a ruling that had to do with dealing with account stated, my understanding was that the defendant had disputed the debt with the OC and then the CRA's and that because they had disputed it meant they had not assented to the debt and the suit could not prosecute account stated (hope I got that right)

Edited February 1, 2011 by antiquedave

[workingpoor]

DV request was ignored but they stopped calling, next was Global

Isn't that a violation? Continued collection effort on a disputed debt??

[antiquedave]

Isn't that a violation? Continued collection effort on a disputed debt??

So does each separate agency stand on its own when determining continued collection efforts after DV was ignored?

They all claim to be agents of Capital One

[BV80]

I had sent a Cease and Desist letter to NCO Financial. Since that letter they mailed me a letter which on it stated "this is an attempt to collect a debt....yadayadayada

In the letter...did you request validation of the debt?

[NickTemt]

I don't believe so. The letter was sent by a consumer lawyer though.