NCO FINANCIAL GROUP Harassment, false claim, debt not on credit report, threatening phone calls, insulting me Getzville, New York

"What a collector in an agency can make happen is more activity - more calls and letters."

*Unless* the debtor sends the cease and desist letter as someone outlined above.

"Should you find yourself dealing with a creditor's rights law firm, you are in a whole different area of hurt."

I never heard of this sort of outfit before. I assume it is not some extra-special kind of shyster, but simply a shyster who has read up on all the laws relating to debt collection and knows how to "bend" the laws just a teensy bit further than your average ambulance chaser. A bit more strong-arm but not too much, as it were. Calling themselves "creditor's rights" firms is probably a way to salve what remains of their conscience so they can imagine they're not all that different from, say, the ACLU, except that instead of defending some innocent underdog, they're defending some poor little corporate conglomerate.


"I work for such an outfit. When I tell someone I can initiate legal action, I can."

Lovely. Guess what? ANYONE can initiate legal action. The alleged debtor can also initiate legal action, if he believes your outfit may potentially have violated one or more laws. You say your outfit never violates any collection laws? Great. But if an alleged debtor feels that they may have, it's his right to initiate legal action and let the courts decide.

Of course, most "deadbeats" don't have the resources to pursue a diligent legal campaign to protect their rights, unlike megabuck corporations who have entire law firms working for them 24/7.

It's not a level playing field.

"When I garnish wages or bank accounts, I have the courts behind me and it becomes your problem to prove that the money is not available for the taking."

Umm...just a note: YOU don't garnish ANYTHING. The court does that, if it decides to, AFTER a successful judgment has been entered in your firm's behalf. Which implies that your firm must first file suit. And even a successful garnishment is limited to 10-20% of *disposable* income (income after all living expenses is taken out) and the defendant can file for an exemption based on need or indigence. (Naturally your "creditor's rights" firm doesn't tell them that, since it's not in their interest, but that is the case.)

My point is, we are not dealing with a level playing field where the alleged debtor can face the creditor as equals a la "People's Court." We're talking about individuals who are usually not well versed in the law, and are unlikely to be able to afford proper representation, versus corporations with deep pockets and a staff of lawyers who actually do this for a living. Thus, the alleged debtor needs all the help he can get working his way around this system. Thank the gods for this site!

While what Debra says is true just because you send a cease and desist letter,they dont have to stop collecetion efforts, it still does not take away from the violations that have been committed. NCO is full of it. There is a such thing as Stature Of Limitations, if this bill is indeed 13 years old they are out of luck. They cant get a judgement off a bill that old. These idiots have been calling my grandmother on an account no less than 17 years old. They should consider themselves lucky I am not around to answer the phone for her, I would tell to blow out their butt, a bill that old is "junk debt". No court is going to award them any litigation so they call and call hoping that some people will cave and just pay. I think not. NCO has been sued before and from the looks of it, they are about to find their back in the courtroom again.

Once. Like any law, the FDCPA has a certain amount of bend to it before it is broken. While the collector is obligated to cease calling once they find out that the number they have on file is not correct, they're not breaking the law until they are informed that the number is no good. Collectors shouldn't leave any more information beyond name and callback number, sometimes the name of their office as long as they're not too specific. If I call your house and leave a message saying I am with the Bloodsucking Collection Agency, I've just said too much. But if I call saying I'm with the BCA office, that could mean anything and the idea is not to reveal the nature of the call to anyone who might not need to know about it.

Also, be aware that a cease and desist simply means that the agency can no longer call and they are limited to one final letter, which says they will no longer be calling or sending letters. The agency isn't obligated to stop collection activity - I hate that phrase.

You're correct in saying that a collector cannot promise anything they can't make happen. What a collector in an agency can make happen is more activity - more calls and letters. Should you find yourself dealing with a creditor's rights law firm, you are in a whole different area of hurt.
I work for such an outfit. When I tell someone I can initiate legal action, I can. When I garnish wages or bank accounts, I have the courts behind me and it becomes your problem to prove that the money is not available for the taking.

If you get a letter from a collection agency or law firm, take the time to answer it and demand verification of the debt. Ignoring it, in this case, is tacit agreement that you owe the debt and you'd just prefer not to deal with it. An agency can't compel you to. A creditor's rights law firm can.

I've been through FDCPA boot camp. That doesn't make me an expert. Do any of you know which states have special restrictions? Do you know what those restrictions are? Do you have to look in your copy of the FDCPA to cite them? I don't. Collectors post on this site and are torn up regularly, simply by virtue of their profession. I expect nothing less. It makes them defensive. I don't believe any OP should suck it up and pay if the debt isn't theirs - what I do believe is that people should take a little personal responsibility.

I'm in full agreement with the prior postings here. In addition, you've got a ton going for you.

One word of caution before I continue: NEVER have phone conversations with anyone attempting to collect a debt - either original creditors or debt collectors. Do it all in writing. Now, back to the specifics of your case:

First step: damage control. Stop their harassment from harming your mental state any further.

-Write them a debt validation, "cease and desist all collections until dent is validated" letter. Make sure in the letter you tell them that they cannot contact you by any means until they validate the debt in its entirety and that no further phone contact is allowed by any parties under any circumstances.

-Certify mail the letter, if you want you can also spend $14 for express mail flat rate. Fax it to them too - once they receive it, they must comply. Finally, for an extra kick spend $1 to have it notarized - they'll know you mean business.

Second step: your counterclaims against NCO.

-All of NCO's misrepresentations ("federal matter," "Student Financial Department," etc.) are violations of the FDCPA and you can collect $1,000 for each violation.

-NCO called your ex (it's illegal for debt collectors to call other people in an attempt to locate you or to have you call them) - violation, another $1K.

-Each "caller ID unavailable" - keep a record of dates and times, those can be traced back to NCO's phone records if this ever becomes a legal battle.

-They can't threaten to garnish your wages without a judgment in hand (plus Ms. Strong misrepresented information), and it sounds like they're trying to collect for the wrong amount and for the wrong debt source (student loan vs. medical bill). Four more violations, at $1K each.

Send them your cease and desist / validation letter along with a detailed chronology of all of their violations and a bill for, what, $7K minimum (and probably more, you've got all the date and time records plus you're acutely aware of the effects that this matter is having on your health) due in full in 10 days and see how they react.

NCO is notorious for rudeness and I must say they are getting worse. First of all Paula Strong works for NCO. She has already violated the FDCPA by knowingly lying about her identity. Second violation, threatening to garnish wages with no court order on record. Paula came up with the line of bull about working for Student Accounts blah blah blah from your first encounter. The idiot before documented what you said. A cease and desist letter is a must. Anxiety is nothing to play with, so the next time you get an unknown number dont answer, save the messages that were left on your answering machine they may very well wind up removing this bill for you.

The Statute of Limitations is over. 13 Years is way too long for them to collect. So, use this letter, put in your account numbers, if you have them, and they will go away. You will need to change some verbage so that it pertains to your situation. Make sure to tell them that you DO NOT want them calling you anymore:

October 6, 2005


NCO Financial Systems

Subject: Account No xxxxxxxxx (XXXXX)

To Whom It May Concern:

I am in receipt of your Collection Notice dated July 22, 2005 regarding the above account. Upon review of my records, I have confirmed that I did not have an account with XXXX at any time.

Therefore I am requesting you provide me with documentation to substantiate the validity of the account in question. In accordance with Section 809 of the FDCPA you are to provide the following information:

1. The name and address of the Original Creditor.

2. The original account number and balance indicated.

3. The date the Original Credit account became delinquent and
the date of last activity for this account.

4. A notarized copy of the Original Creditors civil complaint.

5. A notarized copy of a judgment naming the Original Creditor.

6. Specific actions and dates that efforts to satisfy the Original Creditor's judgment were undertaken prior to your

Collection Notice of 7/22/05.

Be advised, at no point prior to your Collection Notice of 7/22/05 has anyone contacted me in an effort to collect this alleged debt. Your correspondence was the first communication I received regarding same. Also, I have not resided at this address since 1992. Obviously, you have the wrong individual, however, why you have chosen to attempt collection of a debt that is over 14 years old, is unconscionable and will not be tolerated.

Since it is highly doubtful you can provide any of the above information within 30 days. I am requesting you immediately cease collection efforts and delete this account from your records. I also strongly advise against reporting delinquencies concerning same to any Credit Reporting Agency as doing so would be a violation of FCRA e 1681s-2 concerning "disputed debt". Should any agencies receive notification of delinquency concerning this account, be assured I will initiate litigation proceedings immediately. I filed a formal complaint to Mr. William Haynes, Division of Finance Practices, FTC., as well as the California Attorney General and the Florida Attorney General, with copies of your collection notice and this letter.

I trust this writing shall provide closure to this issue as I do not deal with Collection Agencies or Debt Buyers. Any continued collection attempts by your organization will not be tolerated and will result in legal action.

Should any further communication be necessary, I request all to be in written format, through the US Mail, Certified, Return Receipt Requested pursuant to section 805(c).

Sincerely,

Your Name

First of all, if they didn't send you something in writing and give you a chance to dispute the debt, they are already in violation of the FDCPA.

Secondly, their threats to garnish your wages with no further contact is total BS..they have to actually file suit (if they even own the right to the debt, which is doubtful), serve you a summons, get a judgment and then try to attach your wages.

In your cease and desist letter, indicate that they are not to contact you at work, at home, your cell,or through third parties (as that is no longer "locator information" and is illegal under the FDCPA). Additionally, demand validation of the debt and tell them, that if valid, you will deal with the original creditor directly, as you do NOT deal with collection agencies or junk debt buyers. Unless it was a Federal student loan, the statute of limitations has run out on it. If you had a federally-funded student loan, I doubt that the debt NCO calls themselves trying to collect is even valid, as your tax refunds would have been "captured" (withheld) and applied to your balance. If it is not on your credit report, it is likely "junk paper" they are trying to make money on and beyond the statute of limitations and the credit reporting period. BE CAREFUL...if you send them one penny, you "reaffirm" the debt and get the credit reporting clock started all over again.

Junk debt buying is big business and they make their money by intimidation and fear. Don't fall for it.