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Report: #245687

Complaint Review: NCO Financial - Horsham Pennsylvania

  • Submitted:
  • Updated:
  • Reported By: Casper Wyoming
  • Author Confirmed What's this?
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  • NCO Financial ncogroups.com - ncofinancial.com Horsham, Pennsylvania U.S.A.

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I had a message on my voicemail this evening from NCO Financial. It said that they were trying to reach so and so (my parents) and left a call back number. I called and spoke with a woman who would not tell me (due to third party laws, she said) what she was calling regarding, all she would say was that it was a business matter.

She would not tell me if she was a debt collector. She would not tell me why she wanted another way to get in contact with my parents. She only said that I was listed as a possible relative and that she was trying to reach them.

Without her telling me what she wanted, I was not going to give her any information. I told her so. She said she understood. (There were all sorts of warning bells going off in my head and I was very suspicious). I asked if her company had a website that I could look at to see what they did. She said, 'NCO Group' and I asked, '.com?' and she said, 'yes'. I think she didn't want someone to overhear her giving the information out... She asked if I would be able to convey a message that she (NCO) was trying to reach my parents. I told her I would do my best, but that I probably wouldn't get too far (that's not a lie, either).

I immediately looked NCO up on the internet and found out they are a collection agency. I then came back to the computer later and looked for ripoff reports, out of curiousity, and, to my amazement, I found more than I ever thought! It confirmed my hesistations, and has reaffirmed my decision to call my parents, only this time, to warn them to not agree to anything with NCO and to try to obtain something in writing, rather than just convey a message.

I read in some of the rebuttals that there is a Cease Communications request I can send. Is there a specific format or do I just write one up? Is it only good in some states? (I am not near PA, and neither is where my parents live.) If it is only good in some states, is the applicable state determined by where the collection agency is, where the debt is, or where the 3rd party is?

I also went to the FTC website and did a search for FDCPA, as recommended in one of the rebuttals I read, however, I got lost in all the results. Can someone provide me a direct link?

Thanks for any help!

L
Casper, Wyoming
U.S.A.

This report was posted on Ripoff Report on 04/25/2007 10:32 PM and is a permanent record located here: https://www.ripoffreport.com/reports/nco-financial/horsham-pennsylvania-19044/nco-financial-ripoff-3rd-party-contact-horsham-pennsylvania-245687. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
6Consumer
0Employee/Owner

#6 Consumer Suggestion

NCO did nothing wrong here

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

POSTED: Friday, April 27, 2007

The collection agency has followed the law in what you have described. They are allowed to call a 3rd party for skip tracing purposes. If you did not identify yourself as the debtor or the debtors spouse, they can not ID themselves as a debt collector. That would be revealing the existence of a debt to a 3rd party. They can not openly tell you where they are calling from, but if you ask them, they can respond.

From what you described, you spoke to someone who followed the law to the letter. If you want to suggest to your parents to send a cease communications letter, go ahead as that is their right.

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#5 Consumer Suggestion

NCO did nothing wrong here

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

POSTED: Friday, April 27, 2007

The collection agency has followed the law in what you have described. They are allowed to call a 3rd party for skip tracing purposes. If you did not identify yourself as the debtor or the debtors spouse, they can not ID themselves as a debt collector. That would be revealing the existence of a debt to a 3rd party. They can not openly tell you where they are calling from, but if you ask them, they can respond.

From what you described, you spoke to someone who followed the law to the letter. If you want to suggest to your parents to send a cease communications letter, go ahead as that is their right.

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#4 Consumer Suggestion

NCO did nothing wrong here

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

POSTED: Friday, April 27, 2007

The collection agency has followed the law in what you have described. They are allowed to call a 3rd party for skip tracing purposes. If you did not identify yourself as the debtor or the debtors spouse, they can not ID themselves as a debt collector. That would be revealing the existence of a debt to a 3rd party. They can not openly tell you where they are calling from, but if you ask them, they can respond.

From what you described, you spoke to someone who followed the law to the letter. If you want to suggest to your parents to send a cease communications letter, go ahead as that is their right.

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#3 Consumer Suggestion

GENERAL INFORMATION FOR DEALING WITH COLLECTION AGENCIES - STEVE - J - DON WILL PROBABLY BE ALONG SHORTLY WITH ADDITIONAL EXPERTISE !!!

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

POSTED: Thursday, April 26, 2007

Prohibited Tactics
A number of misleading or deceptive tactics by debt collectors are expressly prohibited. Debt collector may not mislead debtors about who they are, may not mislead debtors about the debts, may not mislead about what actions they will be taking, or make any false representations in order to obtain information.
Debt collectors may not misrepresent who they
are or misrepresent documents by:
o Using false names
o Pretending to be an attorney, state,
local or federal official, law
enforcement or court officer
o Using forms or documents designed to look like "official" court or government documents if they are not
o Pretending to be or affiliated with a credit reporting agency

o Falsely implying that documents are not legal process forms or do not require any action or response by the consumer when they do o Suggesting that a debt has been turned over to an "innocent third party" when in fact the debt has been transferred to a collection agency


Debt collectors may not make misrepresentation about the debt by:
Misrepresenting the size or status of the claimed debt, or falsely characterizing the status of any legal proceedings involving the debtor
Stating or implying that attorney's fees or costs will be added to the debt unless such charges are specifically allowed by contract, agreement, or court order (most consumer credit agreements, such as credit card contracts, contain a provision obligating the consumer to pay collection costs and fees)
Implying that a transfer or sale of the debt will cause the consumer-debtor to lose the ability to defend him- or her-self about the non-payment of the debt, or will be subject to some unlawful debt collection practice
Communicating, or threatening to communicate, false credit information to another person or creditor, including failing to communicate that a particular debt is disputed.

Debt collectors may not mislead about what action they might take by:
Making unfounded threats of criminal charges against the debtor
Falsely implying that the debtor will be arrested or imprisoned, or that his or her wages will be garnished or property attached unless those actions are legal and the debt collector intends to take that action (the debt collector must disclose that a court order is required for any of these actions)
Threatening to take any action which the debt collector either does not have the legal right to take, or does not ordinarily take (such as unfounded threats of litigation)
Stating or implying that failure to pay a debt will result in the debt being turned over to collection agency who would use harsh, vindictive, or abusive tactics

Debt collectors may not use false representations to collect a debt or to get information by:

Using false pretenses to either induce the debtor to contact the debt collector or make payment, or to obtain information about the consumer from third parties
Threatening the consumer with arrest or seizure of property or wages, without disclosing that court orders may be required for any such action

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#2 Consumer Suggestion

SAMPLE LETTER TO STOP CONTACT BY COLLECTION AGENCY -- NEVER TALK TO A COLLECTION AGENCY - HANDLE EVERYTHING IN WRITING CERTIFIED RETURN RECEIPT REQUES

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

POSTED: Thursday, April 26, 2007

Put the cert number on the letter itself so that it is proof as to what was sent ...

NEVER SIGN THE LETTER ONLY PRINT YOUR NAME BECAUSE YOUR SIGNATURE CAN MAGICKALLY APPEAR ON DOCUMENTS YOU NEVER SIGNED ...



Your Name
Mailing Address
City, State, Zip

Date

Name of Collection Agency
Mailing Address
City, State, Zip

CERTIFIED MAIL NUMBER ________________

Re: Notice to Cease Contact: Case # ________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency.]

To [person whose name appears on agency's notice to you]:


On [date] was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt].

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.

This is to give you notice to cease all contact with me or anyone else except the creditor about this claimed debt. If you must contact me, please do so in writing and not by telephone.

I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].

Sincerely,

*** TYPE OR PRINT YOUR NAME DO NOT SIGN ****
Your Name

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#1 Consumer Suggestion

SAMPLE LETTER TO DISPUTE THE CLAIM -- NEVER TALK TO A COLLECTION AGENCY - HANDLE EVERYTHING IN WRITING CERTIFIED RETURN RECEIPT REQUESTED .....

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

POSTED: Thursday, April 26, 2007

Put the cert number on the letter itself so that it is proof as to what was sent ...

NEVER SIGN THE LETTER ONLY PRINT YOUR NAME BECAUSE YOUR SIGNATURE CAN MAGICKALLY APPEAR ON DOCUMENTS YOU NEVER SIGNED ...

Your Name
Mailing Address
City, State, Zip

Date

Name of Collection Agency
Mailing Address
City, State, Zip

CERTIFICATION NUMBER: ______________
Re: Dispute of Collection Action: Case # ________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.]

To [person whose name appears on agency's notice to you]:

On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting.

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.

This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.

In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.

Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.

Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility.

I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.

[If you want to still speak to a collector by phone, indicate times when it is okay to contact you or note the name, address, and phone number of your attorney, if you have retained one.]

I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].

Sincerely,

*****print your type your name *****

Your name

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