• Report: #302787

Complaint Review: ASSETCARE - ASSET ACCEPTANCE - NCO

  • Submitted: Wed, January 23, 2008
  • Updated: Thu, January 31, 2008

  • Reported By:Berkeley California
ASSETCARE - ASSET ACCEPTANCE - NCO
5100 PEACHTREE IND Norcross,, Georgia U.S.A.

ASSETCARE - ASSET ACCEPTANCE - NCO Harassing Phone Calls These people call EVERY DAY!!! When I call and ask for a manager, they hang up on me.... how do I make them stop??? Norcross, Georgia

*Consumer Suggestion: You don't have to be bothered with their calls

*Consumer Suggestion: You don't have to be bothered with their calls

*Consumer Suggestion: You don't have to be bothered with their calls

*Consumer Suggestion: You don't have to be bothered with their calls

*Consumer Suggestion: "NYC Peoples lawyer" needs to learn how to read before correcting someone!

*Consumer Suggestion: Not entirely true

*Consumer Comment: file with AG

*Consumer Suggestion: Shell_9, some clarification on what Keith wrote, an easy solution

*Consumer Suggestion: Send a cease & desist letter

*Consumer Suggestion: try this

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These people call me daily, and every time I try to get an answer as to what they are trying to collect for I get "hung up on". The same thing happens when I ask to speak to a manager. This has now escalated to 5 CALLS A DAY. This is crazy, and I can not imagine that it is legal. What can I do about these people?

Shell_9
Berkeley, California
U.S.A.

This report was posted on Ripoff Report on 01/23/2008 06:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/ASSETCARE-ASSET-ACCEPTANCE-NCO/Norcross-Georgia-30071/ASSETCARE-ASSET-ACCEPTANCE-NCO-Harassing-Phone-Calls-These-people-call-EVERY-DAY-Wh-302787. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Suggestion

You don't have to be bothered with their calls

AUTHOR: Julie - (U.S.A.)

Have you received anything in writing from any of these collectors?

Although they are supposed to quit calling you if you tell them to - they never du unless you put it in writing.

If they haven't sent you anything in the mail - get their address the next time they call and then send a short and to the point letter.

Be sure to put your account number on it so they can easily identify you.

Once they get the letter they cannot contact you again.

Further, even if they sell it to another collecter, that collector cannot contact you either.

They can, of course, file a lawsuit, but they have to stop contacting you in an effor to collect the alleged debt.

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#2 Consumer Suggestion

You don't have to be bothered with their calls

AUTHOR: Julie - (U.S.A.)

Have you received anything in writing from any of these collectors?

Although they are supposed to quit calling you if you tell them to - they never du unless you put it in writing.

If they haven't sent you anything in the mail - get their address the next time they call and then send a short and to the point letter.

Be sure to put your account number on it so they can easily identify you.

Once they get the letter they cannot contact you again.

Further, even if they sell it to another collecter, that collector cannot contact you either.

They can, of course, file a lawsuit, but they have to stop contacting you in an effor to collect the alleged debt.

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#3 Consumer Suggestion

You don't have to be bothered with their calls

AUTHOR: Julie - (U.S.A.)

Have you received anything in writing from any of these collectors?

Although they are supposed to quit calling you if you tell them to - they never du unless you put it in writing.

If they haven't sent you anything in the mail - get their address the next time they call and then send a short and to the point letter.

Be sure to put your account number on it so they can easily identify you.

Once they get the letter they cannot contact you again.

Further, even if they sell it to another collecter, that collector cannot contact you either.

They can, of course, file a lawsuit, but they have to stop contacting you in an effor to collect the alleged debt.

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#4 Consumer Suggestion

You don't have to be bothered with their calls

AUTHOR: Julie - (U.S.A.)

Have you received anything in writing from any of these collectors?

Although they are supposed to quit calling you if you tell them to - they never du unless you put it in writing.

If they haven't sent you anything in the mail - get their address the next time they call and then send a short and to the point letter.

Be sure to put your account number on it so they can easily identify you.

Once they get the letter they cannot contact you again.

Further, even if they sell it to another collecter, that collector cannot contact you either.

They can, of course, file a lawsuit, but they have to stop contacting you in an effor to collect the alleged debt.

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#5 Consumer Suggestion

"NYC Peoples lawyer" needs to learn how to read before correcting someone!

AUTHOR: Steve - (U.S.A.)

"NYC Peoples Lawyer",

You need to learn how to read. Read EXACTLY what I wrote, and then give me the exact quote and legal reference that says "cease & desist letter".
You wont find it. Because it does not exist.

As I said, as per the EXACT verbage of the FDCPA, it is a CEASE COMMUNICATIONS request, NOT a "cease and desist letter". There is a big difference, and if you actually went to law school you would know the importance of proper verbage in a legal proceding or request letter.

And, FDCPA violations are very easy to win, and do not drag on. They are very simple if you have documentation of events, and signed affidavits from witnesses. I have done this without a lawyer and it was a snap. Very simple. So simple even a NYC wanna be attorney could do it.

NOWHERE in the entire text of the FDCPA are the words "cease and desist" together. Nowhere.

>>>>
This idiot "NYC Peoples lawyer" wrote:
Nyc People's Lawyer
New York, New York
U.S.A.

Not entirely true
Steve's contention that there is no such thing as a 'cease and desist' letter is wrong. There most definitely is such a thing. Regardless the way to stop these calls is to do it in writing, which is required by the FDCPA. On another note, you should read the Fair Debt Collection Practices Act. It is enforced by the Federal Trade Commission, and you can read it at www.ftc.gov.

As far as the $1,000 in damages, yes, it is true that the FDCPA allows a court to assess up to $1,000 in statutory damages for each violation of the act, but you have to bring suit to do that...which is a pain in the arse (as a litigation attorney, I know full well how onerous litigation can be...and it can drag on for months).

The best thing to do is to know your rights, know the law. Also, in addition to the FDCPA, you should see if your state and/or city (for big cities like New York) has an FDCPA equivalent. State laws can actually be more protective. In New York City, for instance, there is an equivalent to the FDCPA that actually applies to any company, not just ones that primarily do debt collection (as the FDCPA does). In fact, NYC law says that contacting a person more than two times in any 7 day period is a criminal offense, albeit a misdemeanor. So...check to see the law in your respective state and/or city.
>>
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#6 Consumer Suggestion

Not entirely true

AUTHOR: Nyc People's Lawyer - (U.S.A.)

Steve's contention that there is no such thing as a "cease and desist" letter is wrong. There most definitely is such a thing. Regardless the way to stop these calls is to do it in writing, which is required by the FDCPA. On another note, you should read the Fair Debt Collection Practices Act. It is enforced by the Federal Trade Commission, and you can read it at www.ftc.gov.

As far as the $1,000 in damages, yes, it is true that the FDCPA allows a court to assess up to $1,000 in statutory damages for each violation of the act, but you have to bring suit to do that...which is a pain in the arse (as a litigation attorney, I know full well how onerous litigation can be...and it can drag on for months).

The best thing to do is to know your rights, know the law. Also, in addition to the FDCPA, you should see if your state and/or city (for big cities like New York) has an FDCPA equivalent. State laws can actually be more protective. In New York City, for instance, there is an equivalent to the FDCPA that actually applies to any company, not just ones that primarily do debt collection (as the FDCPA does). In fact, NYC law says that contacting a person more than two times in any 7 day period is a criminal offense, albeit a misdemeanor. So...check to see the law in your respective state and/or city.
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#7 Consumer Comment

file with AG

AUTHOR: Keith - (U.S.A.)

By the way, you can file your complaint on-line (like i did) with the Attorney Generals office in PA, that's the state where NCO's based. And you will get a reply back from the AG too. The letter says they'll attempt to resolve your complaint based on the info you provide them. They also provide a case # & a contact person.

Website complaint section for the AG:

http://www.attorneygeneral.gov/complaints.aspx?id=451#
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#8 Consumer Suggestion

Shell_9, some clarification on what Keith wrote, an easy solution

AUTHOR: Steve - (U.S.A.)

Shell_9,

First of all, there is no such thing in the collection world as a "cease and desist".

The exact verbage directly from the FDCPA is CEASE COMMUNICATION. This should be sent by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records.

This procedure is very important.
It proves exactly what you sent. And, DO NOT sign anything being sent to a collection agency. Just print.

FDCPA is the Fair Debt Collections Practices Act.

They have already violated your rights under the FDCPA with the multiple daily calls. They violated the section of "not to harass or annoy, causing the phone to ring constantly,,,etc." This is worth up to $1000 in punitive damages, plus costs.

Keep a call log from your caller id, and transfer any voice messages to a digital recorder for evidence.

It is easy money.

Don't get mad, get paid!
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#9 Consumer Suggestion

Send a cease & desist letter

AUTHOR: Ho - (U.S.A.)

Hi there,

I know just what you are going through. I have a rip-off report here myself about NCO, they are relentless. You need to send a cease & desist letter ASAP. Since you may have a valid debt - or may not, but it still works the same - you ought to try this sample form, which has enough requests for information that it may fluster NCO into no longer contacting you. If they cannot come up with the info requested, they should drop the debt or notify the company they are collecting for that you sent them this:
http://los-angeles-bankruptcy.net/cease-desist-letter-to-creditors.htm

Make SURE to get it certified mailed with return receipt to the company you are writing. (Not sure if NCO is the main one, you may need to send more than one letter). I have heard that anything that is not certified mailed is ignored, e.g. faxes and regular letters. I know it's a pain, but it's what I'm going to try next since like you, I have not been able to get anywhere by talking. Good luck!

~H

P.S. You may wish to have a CC: on the top with the names of other business you are writing to, such as the Better Business Bureau, Attorney General (your state and theirs) - this will show them that you truly mean business.
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#10 Consumer Suggestion

try this

AUTHOR: Keith - (U.S.A.)

Wow, daily calls....Now that's a drag, I'd hate to have that happen.


Anyway, I know others here have suggested sending a cease & desist letter - you'll find samples on the internet. And folks here always recommend sending it certified mail.

There was a report on the news (NPR) the other day where someone sent, I believe it was NCO, such a letter & they still kept calling. And the person filed suit and was going to be awarded $1000 except he refused to sign their non-disclosure letter. So they're
still working on the settlement details. Yea if they keep calling after getting your letter they are violation of some regulation - its stated on the sample letter.

Currently I'm getting a weekly "robot" call from a San Jose, CA, debt collection law firm that lists themselves as a NCO affiliate, Hunt & Henriques. Yea, its a little annoying but their machine talks to my machine. Presume eventually they'll notice they've spent $ trying to contact me for nothing & they'll use their calling machine to bother someone else.
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