• Report: #364861

Complaint Review: Fingerhut - NCO Financial Systems

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  • Submitted: Wed, August 20, 2008
  • Updated: Wed, August 20, 2008

  • Reported By:Overton Nevada
Fingerhut - NCO Financial Systems
507 Prudential Road Horsham, Pennsylvania U.S.A.

Fingerhut - NCO Financial Systems Said I purchased something from Fingerhut 17 years ago Horsham Pennsylvania

*Consumer Suggestion: Corrections Steve

*Consumer Comment: I agree with everything Steve said here...

*Consumer Suggestion: Take the Offensive

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I recieved a collection letter for $197.07 from NCO Financial. The former creditor was Fingerhut. The letter went to my parents house in Las Vegas. I haven't lived there for 20 years. I called NCO and they said that I made the purchase from Finger hut in 1991. That was 17 years ago. I never purchased anything from Fingerhut. NCO said they burden of proof was on me. I had to prove that I did not order anything from Fingerhut. When I explained that I wasn't living at the address, they said that I could have had items sent there anyway. So I called Fingerhut. Fingerhut said that the original Fingerhut was sold to Compucredit about 2 years ago. That was the only information he had. I looked at my credit reports and it has been reported to all 3 as a bad debt. I have disputed the reports on my credit reports but they are still going to show up. Does anyone have any suggestions on what to do now? Unfortunately I called the collection agency from my cell phone and now they call me every 1 from 6am to 10pm

Bonnie
Overton, Nevada
U.S.A.

This report was posted on Ripoff Report on 08/20/2008 07:20 AM and is a permanent record located here: http://www.ripoffreport.com/r/Fingerhut-NCO-Financial-Systems/Horsham-Pennsylvania-19044/Fingerhut-NCO-Financial-Systems-Said-I-purchased-something-from-Fingerhut-17-years-ago-H-364861. 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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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Corrections Steve

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

""2. File Suit against NCO in your local Small Claims Court for $1000 immediately after they do any of the following:

A. After receipt of your letter above sent Certified Mail Return Receipt Requested, you recieve a telephone call from them.""

Correction. Sue if they contact you to COLLECT on the debt. Per the FDCPA they are allowed to contact the consumer debtor ONCE after receiving a cease communication letter for the PURPOSE of informing the debtor as to what further, if any, action they are going to take. Example; they can contact the debtor to state that they have returned the account to the CREDITOR, or that they consider the matter closed, etc

""C. They verify the Trade Line to any Credit Bureau without noting that the matter is in dispute

D. They update their Trade Line in any Credit Bureau file without including a Dispute notation.

3. If they actually do sue, your defense will be Statute of Limitations and you will countersue for a $1000 FDCPA violation.""

The SOL is an affirmative defense to a suit over a consumer debt that is beyond the SOL. The FDCPA violation is another matter. Violations have to be documented and PROVABLE. The scenario you outlined has an acception as I stated. If they contact the debtor to INFORM the debtor of the further action or inaction they are going to take, this is NOT a violation of the FDCPA.
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#2 Consumer Comment

I agree with everything Steve said here...

AUTHOR: J G Shrugged - (U.S.A.)

Except I wonder if they got (or someone did) a judgment some where along the line. Reaging the debt was a big no-no....
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#3 Consumer Suggestion

Take the Offensive

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

NCO owes you $1000.

If this debt was from 17 years ago then the debt is Out of Statute for Collections in every State. In order to even get it on your credit report they had to have re-aged the debt to make it look less than 7 years old. This is a violation of Fair Credit Reporting Act - a Federal Law.

Here's what I would do:

1. Send NCO a "FOAD" letter -. FOAD stands for "F*ck Off and Die", meaning you do not indent to pay them - ever. Include in that letter a statement that you dispute the debt and that they are not to call you at any time at any telephone number because it is "inconvenient". Use the word "Inconvenient" because that is the wording of the next law you will use - Fair Debt Collection Practices Act.

2. File Suit against NCO in your local Small Claims Court for $1000 immediately after they do any of the following:

A. After receipt of your letter above sent Certified Mail Return Receipt Requested, you recieve a telephone call from them.
B. They even threaten to sue you.
C. They verify the Trade Line to any Credit Bureau without noting that the matter is in dispute
D. They update their Trade Line in any Credit Bureau file without including a Dispute notation.

3. If they actually do sue, your defense will be Statute of Limitations and you will countersue for a $1000 FDCPA violation.

NCO will fold like a cheap house of cards when you stand up to them. A LOT more information can be found on Debtorboards (dot com)
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