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MaryAnn88

Received letter from NCO Collection agency but I'm not bankrupt!!!

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well I received a letter from NCO Financial Systems, Inc stating that I should make them a payment for the entire balance of a Capital One credit card I have. The problem here is my Capital One account is still active, I still have credit, I have made my payments. I have to admit I was a week late on my last payment but still I make my monthly payments on time and I have NEVER made a payment later than one week after the due date.

I have not filed for bankruptcy or anything similar and I'm not planning to. I still have other credit cards on good standing and my credit is normal so I have no idea why I got this letter from the collection agency.

Could it be a scam? What should I do?

Also the letter mentions a website www group . com but when I enter it's a church website. It's supposed to be about my rights under Federal and Texas law.

Edited by MaryAnn88
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NCO is a collection agency that Cap 1 uses, since you are still an active cap 1 customer with an account in relatively good standing you shouldn't have a problem calling cap 1 directly and asking them whats up,

on the other hand NCO messes up often enough that you could send them a validation request and see what happens, they might hand you a valid FDCPA violation that would net you 1,000.00

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Something comparable happened to me in 1998 with old MBNA. Out of the blue I was called asking for a non-existent *missed payment* and then received an immediate pitch to take out a home equity loan [at 14.8%] for the unpaid balance. This phone call started me checking the file.

What came to be was ID Thief, and five-years with three court appearances later me correcting the record and being awarded $1.6k for the FDCPA violations and legal fees.

Check these things out.

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If all is as you claim, I would send NCO a letter demanding a full explanation, otherwise you will file a complaint with your State Attorney General as well as the US Postal Service for attempted mail fraud under US Code Title 18 Chapter 63 Collections ( frauds and swindles) as well as the FTC under Section 5 of the FTC Act. Close your letter to NCO by stating "you have 10 days to reply pursuant to my taking the appropriate action".

Address your letter to the Chief Executive Officer and General Manager of Collections. I would state that "since your personal and corporate responsibility includes oversight of matters such as this, it is my intention to hold you both corporately and personal liable for resolution of this matter. I expect and demand your reply within 10 days, or I will take further action"

...and if you get no reply...follow thru with your threats...

Send your letter CMRR.

Don't play games with these clowns....hold their feet to the fire.

( keep us informed, ok ?)

Edited by Noway

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Before getting screaming mad I would call Capital One and ask them what's going on with your account and ask why you are getting collection calls regarding your account.

That should be step one instead of filing letters with attorney general's office (which would have no results), writing capital one and threatening them(which could easily result in them just canceling your account) and registering impotent threats with the post office (of which the post master would just dismiss as frivolous anyway).

If what you say is true, You will probably be able to resolve your issue with a 5 minute phone call.

That other nonsense is a waste of everyone's time at this point and should not even be considered as a first step. What NOWAY suggests doing is last resort stuff and only when you're absolutely sure you're willing to follow through with a law suit.. To consider doing what he suggests before even talking to CAP ONE is an extremely poor choice IMO.

Edited by Hal Jordan

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If all is as you claim, I would send NCO a letter demanding a full explanation, otherwise you will file a complaint with your State Attorney General as well as the US Postal Service for attempted mail fraud under US Code Title 18 Chapter 63 Collections ( frauds and swindles) as well as the FTC under Section 5 of the FTC Act. Close your letter to NCO by stating "you have 10 days to reply pursuant to my taking the appropriate action".

Address your letter to the Chief Executive Officer and General Manager of Collections. I would state that "since your personal and corporate responsibility includes oversight of matters such as this, it is my intention to hold you both corporately and personal liable for resolution of this matter. I expect and demand your reply within 10 days, or I will take further action"

...and if you get no reply...follow thru with your threats...

Send your letter CMRR.

Don't play games with these clowns....hold their feet to the fire.

( keep us informed, ok ?)

Whatever you decide to do OP, just don't do anything this poster said.

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Before getting screaming mad I would call Capital One and ask them what's going on with your account and ask why you are getting collection calls regarding your account.

That should be step one instead of filing letters with attorney general's office (which would have no results), writing capital one and threatening them(which could easily result in them just canceling your account) and registering impotent threats with the post office (of which the post master would just dismiss as frivolous anyway).

If what you say is true, You will probably be able to resolve your issue with a 5 minute phone call.

That other nonsense is a waste of everyone's time at this point and should not even be considered as a first step. What NOWAY suggests doing is last resort stuff and only when you're absolutely sure you're willing to follow through with a law suit.. To consider doing what he suggests before even talking to CAP ONE is an extremely poor choice IMO.

I based my post on my own personal experience...which resulted in a positive outcome. I disagree, the State Attorney General will investigate, as well as the US Post Office Inspector, Fraud Division.

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As a general rule of thumb I try to go from the least confrontational to the most, in most situations I find that it works best, but you also have to be flexible because as situations change or develop you may have to amp up the response.

In the same situation I would call Capital One to ask whats up but I'd also send a debt validation letter to NCO and probably call them as well and tape the conversations. Any more I don't talk to any collector without recording the conversation (I learned my lesson there )

Maryann you have probably noticed that there is some tension between some of the members on the list, I've never been on any forum where there isn't some disagreement. There are probably going to be elements in each suggestion that you get that might work for you. You really need to pick your way through it all and take what you think fits with your style of doing things.

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I based my post on my own personal experience...which resulted in a positive outcome. I disagree, the State Attorney General will investigate, as well as the US Post Office Inspector, Fraud Division.

But why is that the first thing she should do?

And investigation??? What will come of that investigation.

You site personal experience? How much luck have you had with getting the US Postal service to pursue criminal charges against a collection agency for sending dunning letters through the mail?

How many times have you gotten an attorney general's office to press charges or file suit against a collection agency for sending you a pay this debt now letter?

You're first response to everyone that posts here is to tell them to Threaten, intimidate, to sue, file a complaint.

You come across like some sue happy nut job who uses intimidation to solve his problems. Do you threaten to sue a restaurant if they over charge you on a bill? Do you lodge complaints with the better business business if you get bad service? Do you contact your attorney general if the cable goes out?

Why on earth would you suggest this woman start the bulley process before she even speaks to the OC about what obviously appears to be an error they will more than likely correct with a phone call..

Sometimes a civil approach should be employed first..

Edited by Hal Jordan

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But why is that the first thing she should do?

And investigation??? What will come of that investigation.

Nothing. An AG's investigation is typically a joke. It basically goes like this.. Consumer files complaint with AG. AG sends the accused a letter stating that consumer complained about you. The accused then states, no they are lying I did not do anything wrong. AG sends that info back to the consumer and the investigation is over, lol.

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I do not like the confrontational battle right off the bat because once you get in someone's face, you cannot back off without looking like an idiot. If you build up, then there is a chance to back down without losing respect.

In the case of the OP, I would contact Capital One since the OP still has a working relationship with them AND DV NCO. Do not even call NCO because it will not help.

Even when I deal with debt collection calls for other people, I do not go to confrontation immediately. The first thing I do is tell them that I am not the debtor. If they insist on continuing to call, then I send a C&D letter. 99% of the callers have ended at step one and the other 1% have ended at step 2. No, I do not get a FDCPA violation but then again, court can be a PITA and I would rather not get in front of a judge until I can tell the judge that I have tried everything possible myself and I need their help. That makes you look better in the eyes of a judge than someone who keeps running to the court overloading their docket even more.

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Nothing. An AG's investigation is typically a joke. It basically goes like this.. Consumer files complaint with AG. AG sends the accused a letter stating that consumer complained about you. The accused then states, no they are lying I did not do anything wrong. AG sends that info back to the consumer and the investigation is over, lol.

Whether it's a joke or not is relative. What is does do is cause an annoyance, the degree contingent upon the situation. Plus, if there is to be follow-up, it is a positive step to have the complaint on file. And a statement from an attorney that the debtor is "lying" is an assertion unless there is evidence supporting. If the debtor has done his or her homework, there can be rebuttal, more communications, and perhaps, more annoyance for the CA and its hired guns. It is generally worth the effort to write complaint letters, and not just to an AG, but to the FTC, and even the Bar Associations.

In addition, it notifies the CA, its attorney, whomever it may concern, that the alleged debtor will resist, will push back, and perhaps, just perhaps, it may be more expensive then they've anticipated.

-----------------------------------------------

Under this kind of mentality, then a person shouldn't engage in any kind of interaction with his or her governmental reps. Don't call a Congressman, don't write a Senator, don't have a letter to the editor published. All because "...it's a joke..." and nothing will come of it. Bad advice. The bottom line is that one never knows when a written communication or complaint will work to an advantage. For sure, considering all such activity a "joke" will not help. The FTC, an AG, any kind of consumer affairs apparatus should not be ignored, but always consider as part of the whole cache of available tools.

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Nothing. An AG's investigation is typically a joke. It basically goes like this.. Consumer files complaint with AG. AG sends the accused a letter stating that consumer complained about you. The accused then states, no they are lying I did not do anything wrong. AG sends that info back to the consumer and the investigation is over, lol.
...Explain how the debt collector could say "they are lying, when documented proof ( a dunning letter) is in the possession of the accuser , as well as evidence that their dunning letter contained false and mis-leading statements. There are several documented cases where AG's have slammed Debt Collectors because of such..

Hmmmm.....remember "Brent vs Midland " ?...or how about "State of Maryland vs Midland" ?...and a poster stated recently that the State of Michigan was investigating Midland ? How about the prosecution of payday lenders we hear about in the news..

Also please explain why several CA's and JDB's simply disappeared when they have received my very strongly worded letters used when I detected a scam ? I will give NCO credit, as they replied to me with an apology stating they would cease all collection efforts and communication.

I see this forum absolutely filled with concerns from members who have been sued by "Midland"...please explain why Midland backed off in my situation , and also stated they "will cease collections and further communications"., WHY HAVE I NEVER BEEN SUED ??...could it be because of my "nutcase letter"?

...and don't give me the crap that "the CA's and JDB's just didn't want to take up a lot of time in pursuing this matter" They backed off because of the possibility of facing criminal charges, and or class action lawsuits.

...and please explain how the State of New York was able to shut down a few Debt Collectors in the Buffalo area and recently sent at least one to prison ? And, As I recall NCO was found guilty of Federal violations of the FCRA and the FDCPA....extremely heavy fines imposed.

Or how about the State of New York AG prosecuting a PROCESS SERVER for fraud ( seems he claimed to have served numerous summons, requiring him to drive several thousand miles in ONE DAY !( Now is that a STUPID Process Server ?) ....siick !

Now tell me that a State Attorney General won't do anything...

You just need to push the right buttons. And of course if the situation warrants, we always have the option of filing a class action lawsuit "On behalf of ourselves and all others similarly situated"....just find a good class action attorney ...many of them will take your case at no cost to the plaintiff ( yourselves)

Since the collection industry is rampant with law suits...why shouldn't we "nutcases" be "lawsuit happy" as well ?

Find your own comfort zone, Ladies and Gentlemen...I have found mine, and it has served me well !...and I wish each and everyone much success in your legal endeavors.

Edited by Noway

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Whatever you decide to do OP, just don't do anything this poster said.

Who was it that stated that medical fraud was virtually impossible, that it simply couldn't and didn't happen, the advice to an OP not to bother with that kind of concern?

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Nothing. An AG's investigation is typically a joke. l.

National Enterprise Systems to pay $414,000 to settle Ohio attorney general's charges it violated Fair Debt Collection Practices Act

http://www.nytimes.com/2011/05/12/opinion/12collins.html?_r=1&hp

West Virginia Attorney General sues Capitol One.

Edited by LearningasIgo

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Who was it that stated that medical fraud was virtually impossible, that it simply couldn't and didn't happen, the advice to an OP not to bother with that kind of concern?

Hmmm...STRIKE 1..:lol: usctronjanalum

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National Enterprise Systems to pay $414,000 to settle Ohio attorney general's charges it violated Fair Debt Collection Practices Act

STRIKE 2...usctrojanalum :lol:

Hey usctrojanalum...maybe ya needs to use a longer bat..or choke up on tha one yur usin' !

Ya can't hit tha ball when yur standin' behind the umpire...ya gotta step up to tha plate ! NO, No USC, TURN AROUND....YA HAVE TO FACE THE PITCHER...NOT THA UMPIRE

In baseball ya only gets 3 strikes....now keep yur eye on that ball and try to hit it...if ya can ! :)++

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Whether it's a joke or not is relative. What is does do is cause an annoyance, the degree contingent upon the situation. Plus, if there is to be follow-up, it is a positive step to have the complaint on file. And a statement from an attorney that the debtor is "lying" is an assertion unless there is evidence supporting. If the debtor has done his or her homework, there can be rebuttal, more communications, and perhaps, more annoyance for the CA and its hired guns. It is generally worth the effort to write complaint letters, and not just to an AG, but to the FTC, and even the Bar Associations.

In addition, it notifies the CA, its attorney, whomever it may concern, that the alleged debtor will resist, will push back, and perhaps, just perhaps, it may be more expensive then they've anticipated.

-----------------------------------------------

Under this kind of mentality, then a person shouldn't engage in any kind of interaction with his or her governmental reps. Don't call a Congressman, don't write a Senator, don't have a letter to the editor published. All because "...it's a joke..." and nothing will come of it. Bad advice. The bottom line is that one never knows when a written communication or complaint will work to an advantage. For sure, considering all such activity a "joke" will not help. The FTC, an AG, any kind of consumer affairs apparatus should not be ignored, but always consider as part of the whole cache of available tools.

THANK YOU FOR YOUR POSITIVE SUPPORT...!!!!

It is refreshing to know that at least a few members appreciates and understands my aggressive style in dealing with matters such as this ...much appreciated.

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National Enterprise Systems to pay $414,000 to settle Ohio attorney general's charges it violated Fair Debt Collection Practices Act

NES, now that is one weak debt collection agency, pursued my wife years ago and dropped their "pursuit" after receiving a Noway/Voidjudgment type request for proof of claim. They specialized in those ridiculous "personal business matter" phone calls that always violated the FDCPA. Glad to see the Ohio Attorney General took some action in regards to debtors complaints. They may want to look at some Discover Bank affidavits that come out of Ohio also.

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STRIKE 2...usctrojanalum :lol:

Hey usctrojanalum...maybe ya needs to use a longer bat..or choke up on tha one yur usin' !

Ya can't hit tha ball when yur standin' behind the umpire...ya gotta step up to tha plate ! NO, No USC, TURN AROUND....YA HAVE TO FACE THE PITCHER...NOT THA UMPIRE

In baseball ya only gets 3 strikes....now keep yur eye on that ball and try to hit it...if ya can ! :)++

Yes, some attorneys general have enforced the FDCPA against some debt collection agencies. Considering how many CAs AND JDBs are in business in our country, it would be interesting to know the percentage of them that are fined or prosecuted.

You also mentioned mail fraud...that the fraud division would investigate. I'd be interested in hearing about charges of mail fraud that have been brought against debt collection agencies.

As to why CAs or JDBs have backed off when you sent your letters, I don't know. I've sent very simple, non-threatening letters that have produced the same results.

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Yes, some attorneys general have enforced the FDCPA against some debt collection agencies. Considering how many CAs AND JDBs are in business in our country, it would be interesting to know the percentage of them that are fined or prosecuted.

You also mentioned mail fraud...that the fraud division would investigate. I'd be interested in hearing about charges of mail fraud that have been brought against debt collection agencies.

As to why CAs or JDBs have backed off when you sent your letters, I don't know. I've sent very simple, non-threatening letters that have produced the same results.

I'm glad your approach has served you well...unfortunately, seems like when I have used the non-threatening approach in the past, it resulted in more dunning letters with no resolution. This is why I started using my aggressive replies.

I just posted in "Is there a lawyer in the House" thread on how to file a mail fraud complaint.

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usctronjanalum is, I believe, a young person [don't know if male or female] that works as a gopher for an attorney father. When first started posted USC appeared much like a previous banned member in writing style and attitude.

Some of USC's info is good. Much is nonsense and certainly doesn't represent the actions of a successful attorney dealing with the Court System.

Take USC's advice, like everyone else's advice on this blog with a raised eyebrow. With few exceptions we're all jail house lawyers, but all are trying to help folks in distress.

It's a pity since USC is NYS, USC doesn't get into a law school for a year then work for Dad reading the law until ready for the bar. A person can do this in NYS. USC sounds young enough to put up with a terminal college lawyer professor for a year. :-)

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usctronjanalum is, I believe, a young person [don't know if male or female] that works as a gopher for an attorney father.

Some of USC's info is good. Much is nonsense and certainly doesn't represent the actions of a successful attorney dealing with the Court System. :-)

And sometimes, I swear, the advice seems somewhat, somehow "shilly"..:)

And choice: Generally, there are a dozen ways to correct someone or to clarify or to rebut someone's statements or misinformation, some of those ways positive, informative; some of those ways not so positive and some even personal. A "moderator" should take the high road, normally, and the destination will be achieved. That hasn't always happened with USC...in my opinion.

Any forum ebbs and flows, but proper moderation should keep the keel even.

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As to why CAs or JDBs have backed off when you sent your letters, I don't know. I've sent very simple, non-threatening letters that have produced the same results.

Which implies there are more ways to skin a cat....etc.

After my one and only judgment against me, I discovered this site, then later, the "other" site. I was never sued again. I read, I gleaned, I took notes, I pasted information.

And what occurred was evolution. Little by little I adapted to differing circumstances with the CAs, JDBs, and even OCs. I learned to realize when a dunning letter really meant something, usually contingent on its origin and/or on the reputation of the agency or creditor. My responses then became "tailored" to what I thought were relevant scenarios. As time went along, I realized that I was "comfortable" injecting a bit of my personality into the missives; especially so if it appeared that the bad guys were closing in. As the old saying goes, the best defense is a good offense, i.e., in today's parlance, "to counter", as in counter-terrorism or counter-insurgency.

And like others, I have no definitive way of knowing what worked or did not, and how much was altered in the CA's process, but I can point to the "success" of never being sued again. I suspect that a governing determinant was an assessment of projected "cost" to the CA, the JDB, and even the OC. If anything at all, my correspondence waved a red flag that there would, indeed, be "cost" to pursue anything dealing with me.

In the big picture, it was "trial and error." In the big picture, it's whatever works, just so long as the cat gets skinned. ;)

Edited by LearningasIgo

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