[X]
Feedburner count

NCO Financial Systems Collections


102 Reviews & Complaints

Most Popular | Newest | More Options >
More filter options:
NCO Financial Systems IMPORTANT
Posted by Trevor.penick on 09/30/2003
FLORIDA -- NCO is so bad, that in 2003, they have been sued 40 times for violations of the Fair Debt Collection Practices Act (FDCPA). These suits are usually filed when consumers are abused in violation of state and federal debt collection laws.
NCO is a money-mill, gobbling up competitors, buying portfolio's of old debts for pennies and expanding globally. These money-beggars are making their bottom-line profits at the expense and abuse of consumers.
One wonders how many lawsuits are NOT being filed because consumers do not know their rights or that NCO CAN be held accountable for their illegal debt collection practices.

Apparently, NCO is not spending enough time and money to properly train their debt collectors in accordance with law, the FDCPA. Do they hire any derelict that may be in-between court and treatment dates simply to harass, abuse, and oppress consumers? There is no mention of drug testing at their web site, so I assume you can get hired on at NCO if one has bad habits and a need for fast-cash. This must be a 'dream-job' for anyone with a prison record, drug habit, or any con artist out to scam some fast money off an unsuspecting consumer. Are you aware of the personal consumer information these money beggars have access to? I shudder to think how much information is being illegally used at agencies such as NCO. You should be VERY nervous about the type of individuals who have this unprecedented and open access to ALL of your personal information.

It may be just a matter of time until collectors start calling with accents from country's like India, Pakistan and ....(ooohhh my gawd!!)

NCO's CEO, Michael J. (kinky) Barrist seems to be astonishing Wall Street(NASDAQ:NCPM)with his financial wizardry. He certainly appears to be pumping up the bottom line.(one lawsuit at a time?) In my experience, this type of greed and consumer abuse will catch up with NCO, just as it did with Commercial Financial Systems (CFS) and Outsourcing Solutions Inc (OSI). Both operations were out of control just prior to their filing for bankruptcy protection. CFS's top brass is facing federal criminal charges in highly anticipated court proceedings scheduled for later this year.

One sure method to stop NCO's consumer abuse is for well-informed consumers to use the law to their advantage. There are three things you can do to slow down the NCO collection process:

1) Within the first thirty days of receiving a written NCO collection notice, send a dispute notice, making demand for all documentation that substantiates their claim.
2) Use the FREE cease-comm letter on ANY NCO debt collector who threatens, intimidates, or abuses you.
3) Tape all debt collector calls (where legal) to use in future civil or criminal proceedings.

If you are receiving abuse from NCO, contact me for referral to a local consumer law professional in your area. NCO, with $800+million in revenues last year, has more money than a South American drug cartel, so use the law to make them pay when they violate the laws and your consumer rights.

Do not let NCO's under-trained, uneducated and FDCPA lacking debt-collectors make a paycheck at your expense.

Big agencies pay big salaries to their ego-driven brass. NCO should spend a lot more time training their collectors and dealing with consumer complaints, in this case BIGGER does NOT mean BETTER! (Except for Kinky and his top brass team of money beggars)

NEVER give a debt collector your banking or credit card information.

NEVER trust a debt collector; they will lie to cheat you out of your money.

NEVER do 'checks by phone' as debt collectors could empty your bank account with little or no accountability.

REMEMBER: Debt collectors have NO power and NO authority and should NEVER be trusted. They will lie and cheat you to get at your money.

     
Read 15 RepliesAdd reply

User Replies:Close comments

Posted by Anonymous on 2003-10-02:
Get a life. Grow up and stop acting like a child, if you want, open up your own website. This one is for complaints that are legit, not for the general things you may have heard.
Posted by Anonymous on 2003-10-03:
This isn't something I 'may have heard'...this was actually an article I found in the Wall Street Journal Archives.
Do your research before you go telling people to get a life. It really makes you look silly. You want a hug?
Posted by Anonymous on 2003-10-06:
It's hard to reply to Hard Facts - I understand.
Posted by Anonymous on 2003-11-13:
What Horrible Jerk says and posted is 100% true... here is another link to help those out there suffering from NCO. Some of the "tricks of the trade" used by NCO and companies the like are described here. http://www.ihatedebt.com/
Posted by Anonymous on 2003-11-18:
Thanks "JarCit" (Just a regular citizen) - Another site I've found very helpful is www.creditwrench.com. And for the record...I'm really not a horrible jerk...I just play one on the phone (when NCO calls)
Posted by steve.merson on 2004-03-25:
I have had it with NCO!!! Apparently I have not returned their calls with the precision they expect because they tracked me down and called me at work!! The thing about that is, I am a supply teacher and could have been teaching at any school, how they found me I do not know! Added to that, they called my parents in a different province, I'm 34 so come on!!! Unbelievable and totally unprofessional.
Posted by carneyv on 2004-03-30:
NCO has continually called me after I asked them to stop. They have resorted to threats that the police are coming for me and I am committing fraud for not paying. I just owe a debt. So what!
Posted by mzworkout on 2004-03-31:
This company is a joke and have customer service people that are horrible. They kept demanding I needed an account number to help me and then transfer me to someone else. I finally got a name & 1 800 number to help and the 800 number is a personal number. I called back to explain I needed another number and they said the number is correct and maybe they don't feel like answering the phone, call back another time.
Posted by Nick on 2004-04-03:
I recently accepted employment with this company. I am 3 weeks into the position and have decided to submit my letter of resignation. These tales of horror are no exaggeration. This is a particular shame because there are many truly good people that simply want a job there. However, the "Training" is non existent. I have never before worked in this trade. A lack of jobs along with a need to work somewhere compelled me to accept this offer. The instructions lasted about 4 hours. We were then placed along side one of the working operators. (They had about 30 days on the job experience.) We listened for the balance of the day. The following morning we were handed a script and assigned a work station. As I continued to listen to the other operators around me, I was astounded at what was coming out of there mouths. It is absolutely abusive. The instruction to the works is to do whatever it take to get the money. In fact our office has a lottery of sorts to promote this activity. This month it is a 42 inch plasma screen TV. The employees appointed as manager, equally have no experience. On one occasion I called manager to my work station to address a customer complain. NCO had billed there account twice for the same transaction. This caused the customer to bounce other checks. They were asking for the over payment returned and that NCO cover the cost of the bounced check. The manager was completely at a loss as to how to deal with the problem.
I will work out a notice and leave this place. I agree with others who state "NEVER give any information to NCO" If you owe a bill continue to make payment to the original debtor. When they call your house, begin the conversation with the line, "This conversation will be recorded for later use in court, do you wish to continue this conversation?"
I hope to get some one BILL O'Riely to look into this company. He is always reliable for stirring up public awareness.
Posted by Poorly Treated on 2004-04-08:
I would like to know who to contact to sue NCO. They called me at work after being told many times that I would lose my job for personal phone calls, they stated that I never returned their call, but they had never left a message. How they got my work number is beyond me. I have been making monthly payments to them, and they continue to call me every other week asking if I mailed another payment yet. I have told them many times that I would mail a certain amount each month until the debt was paid off, and they continue to call even though they are receiving their payments. They have been threatening and rude. I am ready to do something to stop them from treating others this way.
Posted by ducatione on 2004-05-01:
These people call me with an automated message and I didn't know who they were or what they were calling about. The weird thing was the person there were telling me to call has the same name as a friend of mine, so I thought it was him calling me. What should I do? When I call the number, no one answers and I'm on hold forever.
Posted by lisha on 2004-06-07:
NCO Sucks!! I received my first call from them about 2 weeks ago. I did not even know I had a bill with the hospital they say I owe. I asked for a statement to be mailed to me and they mailed me a collection letter stating that they have verified my employment and that if I do not pay in full amount that they will take this out of my payroll account. I only wish I could pay this off. These people call me 3-4 times a day leaving me 2-3 messages and they hang up on my husband. I have been in collections before and I know by law they can not call this many times. Not only that but they are calling on Sunday. This place needs to be shut down. I have planned on sending them a payment however, I don't want them to have my checking account as they are likely to do a check by phone and bounce everything I have. Again I say This Place Needs to be PUT OUT OF BUSINESS!!
Posted by floridagirl on 2004-08-16:
I have recently received a call from NCO financial stating that my PayPal account went to collections with them. Considering that I hadn't received any type of letter or anything this call was very upsetting. I called PayPal and established that the debit was real, and decided instead of having the debt go on my credit report, I would post date checks to NCO. As I'm reading these postings, I am nervous about my checks. Can NCO send my debt to my credit report if I cancel my post dated check with them? Any advice would be appreciated.
Posted by lokie on 2005-03-15:
I had a few calls from NCO, the last of which ended with a most ignorant, uneducated person from NCO calling me a coxxxxxker,repeating my address to me, threatening to come to my home see what I had to say face to face.I, being the well brought of man I am, invited him. I haven't heard from them again, but I would gladly accept any advice on how to proceed with getting them off my credit report and also on how to find out about legal action.This call was only one of many, they even called my parents home and ignored being told I didn't live there. Any advice appreciated.
Posted by stopNCO on 2005-03-20:
There are a couple of attorneys who can help!

www.stopNCO.com

Give them a way to contact you and please tell them your story.

They stopped NCO very quickly for me. They can probably help you too.
Close commentsAdd reply

Collections in general
Posted by Justinlawson83 on 07/29/2003
VA BEACH, VIRGINIA -- I work for NCO, and I agree with some of the other statements, saying that collecting is honest work. It is! We are simply trying to get the money that you justly and rightfully owe. You are the ones that charged up the cards then didn't pay. We are in no way in the wrong. And in reguards to the comments on our salary, we make much more than minimum wage, plus bonuses off of what get from from you morons that can not pay your bills.
     
Read 13 RepliesAdd reply

User Replies:Close comments

Posted by Anonymous on 2003-07-29:
Here's a couple helpful hints when you're dealing with collection agencies. These should apply to most situations.

1. If you have a problem, or are disputing the amount that is in the collection agency, deal with it yourself! Don't expect the problem to just go away, nor should you expect the company that put you in collections to listen to your complaint once and pull your file from collections. If you have a dispute with your credit card bill, handle it the FIRST time you notice it...don't just wait 6 months until someone is calling you about it to make your complaints.

2. Collection agencies normally do NOT have a copy of your bill, a copy of your contract, or any other information like that. They'be been told you owe X dollars, and that's pretty much it.

3. Generally, if your balance is unde $1000, collection agencies won't be able to make payment arrangements like your former creditors can. The time for making arrangements is the first month you know you can't handle the bill, not months later when it goes to collections.

4. Deal with the problem promptly. If the bill is in collecitons, pay it. Borrow the money if you have to. Believe it or not, often when a bill goes to collections for the first time, there's still time to "save" your credit rating. Just ask! Remember, your credit report will show an R9 as being unpaid until the complete balance is paid off...it won't show you've been paying $20 a month. Also, it'll stay as an R9 for seven years past when you've paid it off..which can lead to problems in the future you wouldn't even think of now.

5. If you do have a problem with a collection agency because the bill in question is not your, you'll probably need to prove it. If it's fraud, ask what the agency needs, and get it. If they say they need a police report..get it! Ignoring it may be the worst thing you could do. It's much easier to fix a problem when you first know about it, then 3 years down the road when you're in court fighting as to why your paycheck was garnished. If your bill was paid off and it is in collections in error..be prepared to prove it too. Get the fax number and fax the proof that it has been taken care of. Don't expect the agency to take your word for it, nor should you expect them to make inquiries on your behalf. Their sole job is to collect outstanding debts, not to work customer service for you.

6. Keep your promises! If you say you'll send in a payment on a certain date, DO IT! Ask about payment methods...and pick one that is convenient enough to do. Don't make a promise to pay the entire bill of at the end of the month if you don't know if your paycheck will cover it. Also, putting a check in the mail is a pretty risky way of paying these bills off. Look into banking by phone or internet, doing registered mail, or even a Western Union. You'll be sure your payments get to where they're going, and are completly tracable if they get lost along the way.

7. Last, but not least, remember that the person on the other end of the phone is a person too. If you treat them politely, and keep these tips in mind, then you shouldn't have any problems. They're not personally against you, and if you are calm and reasonable you can get things sorted out quickly and easily. If you start yelling and screaming, you are really only hurting yourself...they have hundreds of people to deal with, so they won't even remember your rant, but it'll make you miserable all day.

Posted by Anonymous on 2003-07-31:
GO NCO, GO NCO!!!!! I aggree! 110%
Posted by Anonymous on 2003-08-01:
Icepck's advise is coming straight up. Sure, it is a from the collector's side, but there is a lot of truth there. Collection agencies deal with people all day that do nothing but try to figure out how not to pay back money they borrowed. Excuses, Excuses. Yes, most people don't have it to pay back, but is that the fault of the lender, or the guy hired to collect? If it bonified, for sure,and drop dead isn't your debt, you have a compliant against an agressive collection agency. If you took the money, then shut up and make good on your debts!
Posted by Anonymous on 2003-08-08:
I had a debt turned over to NCO which I paid with no complaints. But when I called them asking for a letter in the mail to verify that the account had been settled I was told that they could not fax the letter because of company policy and I would have to wait for the letter to come in the mail. It has been 3 months now and I've called at least once a week and I still haven't received a letter and it's still showing as not paid on my credit report. I'm trying to purchase a home and this is the only issue holding me up. When I call and try to talk with the reps I get yelled at and insulted when I have been very mild mannered with these people. I've paid my debt...why can't NCO do their part?
Posted by Anonymous on 2003-08-12:
TOO BAD SO SAD! Your creditor had to wait until you decided to pay the bill. Now its your turn, not too fond of it are you. SWEET IS REVENGE!
Posted by Anonymous on 2003-08-14:
I have been reading all these complaints on this site toward NCO and have to say I agree with CODE RED 100% Icepick and Wallbreaker are only making things worse for themselves and their jobs.
Posted by dsweetestsin on 2004-03-10:
Well I just wanted to say that i Had a NCO Financial Systems inc rep, from their philadelphia office, flat out lie to me stating that he was with the justice department. While he was stating this his coworkers were laughing in the back ground. Which made this claim higly unlikely. I also recently discovered that it is againist the law to misrepresention. anyways I just wanted to let u guys know I have found out the contact info for MANY of the NCO finacial systems inc. If interested I can tell u where to look to get them.
Posted by joedufflebag on 2004-03-21:
Sure that would be your opinion, I lean to the side that includes those of us that your company calls and claims that we owe money to some company and when we explain that we have no clue what they are referring to and we would like a copy of the information that they have stating we owe money, they just keep asking us to pay it. Well I do not know about anyone else, but I am not going to pay some company just because they call me on the phone and seem to think that I am the person they are looking for. Furthermore, if you call me acting as if you are superior to me because you think that I owe money, then prove your allegation, do not waste my time by calling and harassing me when you might be wrong. Tell me why would you not send me a copy of a bill that you are claiming I did not pay, because you have no real clue if I actually owe it or not and think you are just going to scare someone into paying because you think you have some power over them. Those of you that are decent bill collectors and follow the rules, then this does not apply, but those of you that think you are better than someone else because of money that might be owed to someone else, you should get a grip and a life while you are at it. You live a sad life if the only way you can feel good about yourself is to take pleasure in other people's suffering.
Posted by perfzone on 2004-04-17:
Pity the fools at nco. you can have both pity and hate. You can sue them in many cases if you follow the law because they dont. Most employees at nco are self-hating little brained gomers. Many are from a single parent household
Posted by collector on 2004-04-20:
Hello, ,y comment is to all those debtors out there that think that running away from problems or hanging up on this case, is going to solve your problems, think about us at the other end, listning to excuses one after another, some are very serious and taken care with much politeness, but only if the debtor is polite, you get what you give, I've only recently started and noticed that lots of you like swearing and threat or lives, for amounts as low as 20$, meanwhile, these selfish debtor , who probably stole the merchandise, or wont make a simple call to the company to clarify facts, have no sense of the stress handle at the other end, I like my job , you debtors should help us keep them, keep on debting and we will keep on calling!!!!
Posted by rock123 on 2004-06-14:
Question to NCO employess hey i know ur doing ur job/and ur an agency collecting a debt.. my question is this a few days ago i called to settle a debt owe the debt was reduce by 50 percent i sent the amount by western union as told by the collector ..the following day i recieved a litter from nco they would settle the debt for {less then i had just sent} the collection rep never told me this / i made an overpayment how do i get this overpayment back..
Posted by ford on 2004-08-12:
YOU just showed the ignorance of the NCO employeys. To make such a statementas this proves what everybody says about NCO that they are unfeeling uncompasionat and just plane ignorent. It is plausable that some people are in diffacult situation due to closures of plants, illness or having to stay home to care for loved ones.The only moron is the NCO employe that wrote the artical
Posted by liz_912 on 2007-02-28:
Although I don't agree with hatred for ALL debt collectors those that are rude deserve what they get. I wrok as a telemarketer so I know ALL about people yelling, cursing, and threatening my life over a stupid phone call. But am I rude to these people? No, because its my job. I get paid to be polite when i dont feel like it so to any NCO employee who feels that "you get what ya give" SUCK IT UP and do your job POLITELY or find a new one
Close commentsAdd reply

COMPLAINT against NCO Financial
Posted by Sacnut929 on 08/27/2007
I had two collection accounts that were bought by NCO. One I had paid in full in Jan 2007, and the last I just paid in full on Aug 06, 2007. I was informed that I would be charged nothing else and my other electronic payments would be cancelled. I check my account this morning and to my surprise I have an electronic check for $50.00 that was pulled on Aug 24, 2007. I have been on the phone with this company all morning, I was told to fax my copy of this check to a 877 fax number, but of course it will not go through. This is my fourth time faxing this info so that I may get my money back. When I called again and asked to speak to a manager or supervisor I was told that the managers do NOT take phone calls. What type of company is this? I found information that this company has violated the Fair Credit Reporting Act and is charged with a 1.5 million dollar civil lawsuit.

This company needs to be shut down and pay back everything it has wrongfully taken from consumers.
     
Read 2 RepliesAdd reply

User Replies:Close comments

Posted by moneybags on 2007-08-27:
CLOSE your checking account TODAY! Then they can no longer debit your account as I know you will not give out your account number. If you pay bills, get a money order or cashier's check. DON'T LET THEM HAVE ACCESS TO YOUR NEW ACCOUNT NUMBER.
Posted by poppapia on 2007-08-28:
You may have been "informed", but did you get anything in writing to this effect?
Close commentsAdd reply

Contact Corporate Compliance Office 1-888-495-8352
Posted by JWigan on 12/26/2007
NEW JERSEY -- I recently received a letter claiming that I owe NCO Financial Systems $8000 or so dollars for some non-existing debt from years ago. I received the letter on a Friday, Dec 21, 2007. I called Lisa Catagnus (Director, Corporate Compliance Department)1-888-495-8352 that same day prior to turning the letter over to the Better Business Bureau. She informed me that they CLOSED the account on Dec 22, 2007. Fast back peddling...
So, CALL 1-888-495-8352, LISA, and make sure you do not owe them anything, and THEN, after they close your account, REPORT THEM TO THE BBB.

     
Add reply

NCO collection
Posted by Froogy on 03/20/2006
NCO contacted me about a debt that has long since been paid. I have the cancelled check to prove it, When I told the collector, he called me a liar and said that they were prepared to take me to court.
He said he was a lawyer with NCO and when I asked him what state he was licensed to practice in he refused to tell me.
     
Read 11 RepliesAdd reply

User Replies:Close comments

Posted by Mad Eye Moody on 2006-03-20:
What state do you live in? You need to know if you can record the calls w/o telling NCO about it. The consent laws vary from state to state. He's already racked up several violations of the FDCPA. You have to be able to prove it though. Your word is enough, but if you want to get the maximum statutory damages, it's good to have hard evidence.
Posted by squeekie on 2006-03-20:
Im not surprised they often do this sort of thing.
Posted by Froogy on 2006-03-20:
Im in mass
Posted by Mad Eye Moody on 2006-03-20:
Mass is a 2 party state. You can research state statutes if you like - if you believe a crime is going to be committed over the phone, that sometimes can trump the consent law. I can't TELL you to tape the call anyway, but I can say that a lawyer may be able to find a way to get it admitted as evidence if you happen to do so. If you decide to tape the call w/o letting the rep from NCO know about it - don't tell them "ha...I got you on tape!"...just let them do their thing and hang up. Then let a lawyer hear the tape if you decide to go that route. The lawyer will do what it takes to make things work for you. That's what they're paid to do. Also - remember: if they have a recording that says they may record the call for quality/training purposes...this is, in most cases, considered consent by their company for you to record the call. You don't have to tell the particular rep you're recording...in fact...never tell the rep your're recording. See my blog's link to the FDCPA for details on what violations took place. Good luck!
Posted by DebtorBasher on 2006-03-21:
How many times have NCO contacted you before this so called Lawyer called? There is no way that NCO would have a lawyer making regular collections calls...if the acct already went to legal, that's a different story...Being you are in MA...boy, we really have to watch when we call THAT State, they have more State laws protecting the debtors than any other state...I've even had collectors tell me that when a MA account comes up for them to call, they hope that no one answers because the collector is afraid to violate one of the laws...you that should tell you who controls the conversation...we are very limited to what we can say, who we can talk to, how often we can call and where we call, who we leave msgs with or if we even can leave msgs and the list goes on and on, not only by the FDCPA but the State Laws. Did this "lawyer" give you his name? Next time get his name, I can probably tell you what state he is in, if I knew what kind of an account he is trying to collect on.
Posted by Mad Eye Moody on 2006-03-22:
As an aside...look for more states to become like Mass; Texas and Florida are on their way. California will be part of that group, soon. Times, they are a changin!
Posted by DebtorBasher on 2006-03-22:
Speaking of State Laws...Mr. Eyeball...did you do your homework I assigned you...OVER a month ago????????????????????????? Don't make me keep you after school for incomplete homework!
Posted by Mad Eye Moody on 2006-03-23:
I'm a little busy these days with the wife.
Posted by fairbusinessman on 2006-03-23:
Many so-called collection agencies purchase bad debts for pennies on the dollar! Some are scams! When called do not ettempt to explain yourself RIGHT or WRONG! Ask them for a fax # and Name & Address of there company along with who the principle officer is to send them some information before you will even discuss anything.If They refuse then just get the name of the person your talking to with a phone #. File a complaint with the dept of fraud and a harrassment complaint with your local police dept. Some police dept. feel it is a waste of time but do it anyway. At this time the police are obligated to investigate and will tell you everything you need to know. If they are a fraud the calls will stop!
Posted by squeekie on 2006-03-23:
Debtor, I read what you had to say. Im in mass too. remember what happened to me? I had the guy say he was a lawyer too. Only I didn't think to ask what state he was licensed to practice in. I wish I had.
I also am 99.9% sure the guy calling me had not been a lawyer or he would not have made so many mistakes , like talking to third parties (notice I didn't say party it was more than one) and so on and so forth.
This is a good example to always, and I do me ALWAYS get a leter or statement from the company saying the debt has been paid. ( I noticed she or he did say there was a letter) keep the cancelled check or receit with the letter as well.
Posted by DebtorBasher on 2006-03-23:
Fraud is not the issue here.
Close commentsAdd reply

Harassing Phone Calls
Posted by Exwife on 03/30/2008
PHILADELPHIA, PA, PENNSYLVANIA -- I receive an automated message every single day including Sunday --- morning!! There is absolutely no way to reach anyone there - I am recently divorced and they are not likely to be looking for me... I recently refinanced and have a near perfect credit rating and no outstanding debts. These people are so disdainful I would not even help them find my creepy ex-husband. They are on their own with that.

I sent a letter to their headquarters warning them that I will join the class action law suit against them if I get one more phone call. All they do is buy old bad debt that someone else couldn't collect and see if they can get a few pennies on the dollar when really it's is non-collectibe..

They just harass people into paying some portion of the bill and it all goes to them! What a racket!
     
Read 49 RepliesAdd reply

User Replies:Close comments

Posted by sarahnkrystal on 2008-03-30:
It's true. They are scum!
Posted by DebtorBasher on 2008-03-30:
At this point, you have no case against them for any lawsuit at all. If all they have done was call and leave a messages. They are allowed to call anyday of the week between 8am and 9pm your time zone and there is no law that prohibits them from calling on Sundays. If you are a joint holder on an account with your Ex, they can still call you. If you want the calls to stop, legally, you should send them a cease and desist letter, stating they are not to contact you. If the bill they are trying to collect (such as a medical bill) and your divorce agreement states he is responsible to pay it, they can still contact you for payment if they are unable to reach your EX or if your EX refused to pay. That agreement was made between you and your Ex, not between you and the company. They will tell you to clear it, you would need to pay it and then take your Ex to court and collect from him. If you are NOT a joint holder on the account, They can contact you for his contact information. Being that you say you won't give them your Ex's contact info only shows you are covering for him. If you're not a joint holder on the account, the best thing to do is send them a letter, registered and with a return receipt, requesting no contact from them. If you go to my blog page, there is a link on it that will take you to the website with a number of form letters you can send to them.
However, they can NOT leave more than one message per day (some States vary on daily messages and 3-7 day messages being left)at the same phone number. They CAN leave a message on two different phones per day. Once contact is made with the responable party, they can not attempt another contact that day (States Vary again) unless requested to do so.
Posted by madconsumer on 2008-03-30:
if the bills are you ex-husbands, in most states, don't the bills get split between the wife and husband to pay off? as i understand it, you are liable for at least 1/2 of the amount.
Posted by debanne on 2008-03-30:
madconsummer: It depends on how the divorce decree was written. In my case as part of my property settlement my ex had to pay off my credit cards.
Posted by collmgr on 2008-04-12:
One thing that a lot of consumers don't realize is that a divorce does not have any bearing on consumer debt. If the debt is specifically listed in a divorce decree that does not make the debt no longer your problem. Remember when the creditor approved the transaction in most cases it was based on both parties credit report. If the responsible party listed in the divorce decree doesn't pay it you need to take them back to court for violating the divorce decree.
Posted by FDCPA Attorney on 2008-05-05:
DebtorBasher: My comments to your post.

At this point, you have no case against them for any lawsuit at all... If all they have done was call and leave a messages.

I WOULD THINK ONLY AN ATTORNEY COULD DETERMINE THIS LEGAL CONCLUSION.

They are allowed to call anyday of the week between 8am and 9pm your time zone and there is no law that prohibits them from calling on Sundays.

NOT ENTIRELY TRUE. THIS IS ONLY A DEFAULT RULE. A CONSUMER DEBT COLLECTOR MAY NOT CALL "ANYTIME" IF IT IS INCONVENIENT FOR THE CONSUMER. IF SUNDAYS ARE NOT CONVENIENT AND THE DEBT COLLECTOR KNOWS OR SHOULD KNOW THIS, IT CANNOT CALL WITHOUT VIOLATING THE FDCPA.

If you are a joint holder on an account with your Ex, they can still call you.

COMPLEX MATRIMONIAL AND CONSUMER LAWS REQUIRE LEGAL ADVICE.

If you want the calls to stop, legally, you should send them a cease and desist letter, stating they are not to contact you.

TRUE. YOU COULD ALSO DISPUTE THE DEBT AND TRIGGER DEBT COLLECTOR FDCPA OBLIGATIONS.

If the bill they are trying to collect (such as a medical bill) and your divorce agreement states he is responsible to pay it, they can still contact you for payment if they are unable to reach your EX or if your EX refused to pay. That agreement was made between you and your Ex, not between you and the company. They will tell you to clear it, you would need to pay it and then take your Ex to court and collect from him.

TOO ABSOLUTIST. ASSUMES MANY FACTS. ONLY AN ATTORNEY CAN COUNSEL ON SUCH A FACT PATTERN.

If you are NOT a joint holder on the account, They can contact you for his contact information. Being that you say you won't give them your Ex's contact info only shows you are covering for him.

WHAT A CROCK! I AM SURPRISED THIS IS COMING FROM DEBTORBASHER. YOU NEED TO GO BACK TO THE FDCPA. A CONSUMER DEBT COLLECTOR CAN ONLY CONTACT A THIRD PARTY ONCE ABSENT VERY RARE EXCEPTIONS. A CONSUMER IS NOT REQUIRED TO GIVE OUT SOMEONE ELSE'S INFO AND COULD SUBJECT THEMSELVES TO CLAIMS FOR INVASION OF PRIVACY OR DEFAMATION. "only shows you are covering for him"??? I AM SURPRISED AT YOU DEBTORBASHER... A CLAIMED TRAINER FOR NCO!

***

However, they can NOT leave more than one message per day (some States vary on daily messages and 3-7 day messages being left)at the same phone number. They CAN leave a message on two different phones per day. Once contact is made with the responable party, they can not attempt another contact that day (States Vary again) unless requested to do so.

WHAT?!?!?! CAN YOU SUBSTANTIATE THIS OPINION? IS THIS NCO INTERNAL POLICY?

[solicitation snip]
Posted by DebtorBasher on 2008-05-06:
All the facts I stated are true...It doesn't take an attorney to read and understand the FDCPA.

Yes, they CAN call on Sundays (State Laws permitting) UNTIL they are advised it is an inconvenient time...which the Posted has not stated that they have been told this, yes they said they sent a letter, however they did not state that the calls continued since then.

Yes, they can contact the poster for location information on the debtor if they are divorced...it's the same FDCPA laws as Skip tracing...Location information. And I did not say they were REQUIRED to give that information.

You ask if these are FDCPA laws or NCO policies...the poster IS talking about NCO. You're giving "general" comments, I am responding to the poster's actual concerns.
Posted by Anonymous on 2008-05-06:
SPAM ALERT!!!!

Oh good grief another ambulance chaser seeking free advertising. FDCPA Attorney if you seek advertisement on my3cents then pay for it like the other sponsors.
Posted by FDCPA Attorney on 2008-05-06:
A consumer debt collector can only contact a third party once absent rare ocassions. Any suggestion to the contrary is mere industry propaganda.
Posted by DebtorBasher on 2008-05-06:
FDCPA Attorney...You have these on your website...please explain or give some examples...

(Listed as examples of violations)

Leave any message with any employee of the debtor’s employer.

Leave artificial or pre-recorded messages on the cell phone of the debtor or another person.

Attempt to collect a debt from a debtor’s spouse or relative.
Posted by ejack053824 on 2008-05-06:
Uh oh!! (Pulling up a chair to see this)
Posted by DebtorBasher on 2008-05-06:
Got the popcorn popping Ejack? This so much reminds me of the Basher and Maddy "The early years" ... LOL!
Posted by ejack053824 on 2008-05-06:
I hate popcorn. I have a hotdog and a beer right now sitting here watching this. Carry on!
Posted by DebtorBasher on 2008-05-06:
I guess he's looking up FDCPA 101 before he comes back...I've been waiting for him...Yawwnnnn.
Posted by ejack053824 on 2008-05-06:
Damn it Basher....you scared him off!!! Now I have to fold up my chair and go home now. Geeezzz.....
Posted by DebtorBasher on 2008-05-06:
I'm sorry...I'm just as disappointed as you are :(
Posted by groovytunesmusic on 2008-05-06:
Hi there exwife. These guys are intolerable. The way things are going these days I am sure they are quite busy. Hard working people are really suffering from debt. Try using call block on your phone if you have it. Most people don't know they have the service available. At least they will call but not reach you. :-)
Posted by DebtorBasher on 2008-05-06:
Groovy...NCO has a way around call block...and Private Manager as well. I'm not saying that to be rude, I'm just saying that because it's true, our collectors always got through them.
Posted by FDCPA Attorney on 2008-05-06:
1) Leave any message with any employee of the debtor’s employer.

2) Leave artificial or pre-recorded messages on the cell phone of the debtor or another person.

3) Attempt to collect a debt from a debtor’s spouse or relative.

Regarding number 1, Congress passed the FDCPA because "Abusive debt collection practices contribute... to the loss of jobs..." 15 U.S.C. § 1692(a). Therefore, both consumer rights attorneys like me and the courts charged with advancing Congress’ will are very touchy about debt collectors who contact employers or employees for contact information or to simply leave a message.

A debt collector may not communicate with an employer or employees of the debtor’s employer (even to leave a message for the alleged debtor) because the FDCPA says, "[A] debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector." 15 U.S.C. § 1692c(b). No where does that section authorize the communication with an employer or an employer’s employees. If a third party does not appear in this list, a debt collector may violate the FDCPA by contacting anyone not on that list.

When a debt collector attempts to acquire, confirm, or correct "location information" regarding a consumer, he or she may only "identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer..." 15 U.S.C. § 1692b(1). "The term ‘location information’ means a consumer’s place of abode and his telephone number at such place, or his place of employment." 15 U.S.C. § 1692a(7). No where does the FDCPA authorize the "leaving of a message" with an employer for a consumer employee.

LEAVING MESSAGES WITH EMPLOYERS, CO-WORKERS, NEIGHBORS, FRIENDS, FAMILY, OR RELATIVES TO CALL A DEBT COLLECTOR POSSIBLY VIOLATE THE FDCPA. DEBT COLLECTORS MAY NOT COMMUNICATE ABOUT A DEBT WITH ANY PERSON NOT LISTED IN 15 U.S.C. § 1692c(b).

A possible exception to the above is when a debt collector is trying to collect a judgment, i.e., a debt that has already been sued upon and a court has found the consumer liable. See 15 U.S.C. § 1692b.

Regarding number 2, the Telephone Consumer Protection Act, 47 U.S.C. § 227, states that artificial or prerecorded telephone messages cannot be left on cell phones. To wit: “It shall be unlawful for any person within the United States… to make any call (other than a call… made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice… to any telephone number assigned to… a cellular telephone service…” 47 U.S.C. § 227b(1)(A). A debt collector who contacts a debtor’s cell phone number or another person’s cell phone number using automated telephone equipment OR artificial or prerecorded voice technology is liable for $500.00 for EACH call tripled to $1500.00 for EACH call if the consumer can prove that debt collector acted willfully or knowingly.

The Federal Communications Commission (FCC) issued an opinion in January 2008 that seems to conflict with the statute regarding the above issue. It remains to be seen if the courts will abide by the unambiguous language of the statute or be swayed by the faulty logic of the FCC.

Regarding number 3, a debt collector can only collect a debt from those person who are actually liable on the alleged debt. Therefore, collecting a debt from a spouse or a relative who is not legally liable on the debt is an “unfair or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. § 1692f. Further, “[t]he collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law… is an unfair or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. § 1692f(1).

A possible exception is when a debt collector is trying to collect a debt incurred by one spouse from the other spouse under the Law of Necessities. To do so, the debt must have been incurred for the basic welfare of one spouse (shelter, food, etc.) and incurred during a harmonious marriage (i.e., not separated, estranged, or otherwise discordant). Since a debt collector can never know a head of time whether the debt incurred is allegedly subject to the Law of Necessities, he or she would be a fool to try unless he or she was an actual attorney. That is, a regular debt collector would be asking for a lawsuit if he or she ever tried to field this type of analysis.

Nothing stated herein is legal advice. For legal advice, consult an attorney licensed in your jurisdiction.
Posted by jktshff1 on 2008-05-07:
I like watching a lawyer scramble to chase ambulances.
Posted by old fart on 2008-05-07:
Auspie... this is reasonable advice from a reasonable source.. I see no attempt at free advertising here..
Posted by jktshff1 on 2008-05-07:
OF you didn't see the lawyers post the other day that was snipped as advertisement
http://www.my3cents.com/showReview.cgi?id=34851#comments
Posted by old fart on 2008-05-07:
jktshff... was this the same guy?

I just went to the other post... You can't blame a guy for trying.
I guess he saw the light after his plug was deleted...
Posted by DebtorBasher on 2008-05-07:
Ok Ejack...you can pull up that chair now!!!!

Mr. Attorney ... what you are doing is taking something that is VERY SIMPLE (The FDCPA), which is written in a simple form for anyone to understand...and putting it into legal terms to confuse the consumers into thinking they need to hire attorney's like you to sort through the legal mumble jumble...I understand the FDCPA, I've trained and created training programs and presentations and have created FDCPA testings for NCO collectors...so, I DO have a clear understanding of them...and when I post any information to consumers on this site, I do so in a way they understand...not in a way that will confuse them or overwhelm them into having to pay an attorney to tell them exactly what I have posted. You are going off in all different directions to confuse the consumer so you can tell them, "Go to my website and hire me and I will tell you, for a fee, exactly what DebtorBasher already told you."

Old F...Mr. Attorney was attempting free advertisment in all of his posts...but as you can see at the end of his first comment, Admin "Snipped" it from the comment...however he continues to do so on his blog by supplying the links to his website. Attorney's like him are a dime a dozen that work out of the back of a local drug store.
He states on his blog, "Nothing stated by me on My3Cents.com is legal advice. For legal advice, consult an attorney"...then he has the links to his website...uhhh...hire him and pay him to tell you the same thing he just said for free on M3C, yet that's not legal advice until you pay for the same info...THEN it's legal advice...LOL!
Ejack...Did Basher do good??? Mr. Attorney will end up lovin' the Basher as you and Mr. Moody has... *making room on my baby finger for Mr. Attorney*
Posted by old fart on 2008-05-07:
WOW... those links are something else...
Posted by DebtorBasher on 2008-05-07:
Yeah...admin needs to "Snip" those as well.
Posted by FDCPA Attorney on 2008-05-07:
DebtorBasher: your personal attacks are disgusting. Stop it. Direct your comments elsewhere lest they be viewed as harassment and a cause for complaint with My3Cents.com.
Posted by old fart on 2008-05-07:
FDCPA... waddayagonnado... sue her...?
Damages?
Defamation of character?
What..?!!!
Posted by Anonymous on 2008-05-07:
Uh oh DB, you have the wrath of the local ambulance chaser on your tail now. Run and hide DB, quick before this powerful and scary person whines and cries to Admin.
Posted by old fart on 2008-05-07:
Exterminators
Debt collectors
Grave diggers
Lawyers.....
It's a dirty job but "somebody" has to do it...
Posted by DebtorBasher on 2008-05-07:
Uh...'scuse me Mr. Attorney...but if you scroll upwards I think the record will show that it was YOU who directly addressed ME! Ahem!

The records will also show that it is YOU who sent ME a threatening Email, when I never contacted you personally...therefore I would advise YOU against continuing this behavior. This is an opinion site...I stated my opinion...I offered MY advice to the poster...now, get those running shoes on, I hear sirens.
Posted by jktshff1 on 2008-05-07:
DB, just ignore the ambulance chaser..ain't worth wearing your fingers out typing.


Posted by DebtorBasher on 2008-05-07:
Mr. Attorney...You might get a quicker response to your complaint against me, if you send Admin a direct IM, instead of an Email...just an FYI, cause I know you're a newbie....Oh...and when you do, tell 'em Basher said, "Keep up the good work"...
Posted by DebtorBasher on 2008-05-07:
Good afternoon Jkt!
Posted by Anonymous on 2008-05-07:
DB,
I will admit that I have had trouble in the past with debt collectors and when I was finally able to negotiate pay off amounts, I think I accidentally got the collector fired. (I am saying this because I like you and your comments, you really seem to want to help; other collectors are harrassing and condescending; I never knew one I liked until I came across this site.) Anyway, we had agreed on a settlement, which I insisted be signed and then faxed to me. I make the payment of the settlement amount when I am called and told I owe more money. I tell them I don't and that I have this in writing. They didn't care! They said they had given me the wrong settlement amount. I send a copy of the settlement to their top dog and tell him to contact me regarding this settlement since no one could get me his office phone #. Two weeks later, he calls to tell me the debt is settled and the people whom I had spoken with regarding the debt were no longer there. Of course, I asked for this final statement again to be in writing. So, other than you DB, my experience with collectors have been negative. Lawyers too, LOL.
Posted by DebtorBasher on 2008-05-07:
Good for you...I always advise people to get their settlement offers in writing. Many told me that the collector would not or said they can not send one and that's a bunch of stinky. I've always taken the time to send them the settlement offer, it is computer generated and takes only two minutes to get your manager to sign it and send it off in the mail the next day. The only reason a collector will state they can't send it, is because they want to get that payment while the debtor is on the phone, to go towards their bonus. While monitoring our collectors, I heard one of our collectors telling a debtor that, and I dinged him for giving misleading information to the debtor. If someone is willing to offer a settlement, then they should be willing to put it in writing. The settlement letter will give the account number, the amount due, the settlement offer (which can be broken into 2 payments depending on the amount of the settlement), a "due" date will be given for each of those payments...however, if the payment is not received by the due date as agreed by both parties, the settlement is void.
Once a debtor gets that settlement in writing, it's important for the debtor to keep copies of their payments for future reference as proof that the settlement was paid off.
Posted by DebtorBasher on 2008-05-08:
??????????????????????????????????????????
Hello!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by Anonymous on 2008-05-08:
DB, he is busy preparing his big legal case against you and M3C's. Don't answer the door.
Posted by DebtorBasher on 2008-05-08:
LOL...all I said was, "Hello"...Geesh!
Posted by ejack053824 on 2008-05-08:
Good...you guys ran this quack off! I'm proud of all of you! :)
Posted by DebtorBasher on 2008-05-08:
Do I get my 6th Star, Ejack?
Posted by Anonymous on 2008-05-08:
Way to go DB! Marvels never cease, DB earned my respect...a feat not easily earned by anyone in the collections industry. Lessee...where'd I put that Trust List?

I actually like (most) attorneys. The problem I found with many of them (like the above-captioned one)...if you prescribe Viagra to one...they get taller. I guess that's why court papers are called 'briefs'.
Posted by DebtorBasher on 2008-05-08:
Ok...forget that 6th star for now...I've got Ghost's respect and respect is worth more than Stars...Thanks Ghost!
Posted by Anonymous on 2008-05-08:
Four surgeons were taking a coffee break and were discussing their work.

The first one said, 'I think accountants are the easiest to operate on. You open them up and everything inside is numbered.'

The second one said, 'I think librarians are easiest to operate on. You open them up and everything inside is in alphabetical order.'

The third one said, 'I like to operate on electricians. You open them up and everything inside is color coded.'

The fourth one said, 'I like to operate on lawyers. They are heartless, spineless, gutless, and their head and their asses are interchangeable.'
Posted by Anonymous on 2008-05-08:
Thanks superbowl!!! My best friend is an attorney. I cannot wait until we have our usual morning coffee tomorrow. I have something to 'share' with him now.
Posted by DebtorBasher on 2008-05-08:
Oh Oh Super...You better not answer your door either... LOL!!!
Posted by DebtorBasher on 2008-05-08:
Hey, if anyone needs some good Attorney jokes, just let me know...one of my closest friends was an Attorney and is now a Judge...so, I've heard plenty to keep you laughing, most of them actually come from him!
Posted by Anonymous on 2008-05-08:
This dipstick must be doing really well. He is trying to sell his services to people that are being called by collection agencies? I don't see a very lucrative market there.
Posted by Anonymous on 2008-05-08:
Actually, it's a pretty profitable market. The honest collection attorneys are a pretty altruistic bunch...they like crossing swords with unscrupulous collections outfits. The bad ones, and there are LOTS of them, merely sell 'hope' to cash-strapped debtors. A debtor will spend hundreds of dollars on a 'solution' other than servicing the debt. So, they'll send payment money to an attorney who promises to call off the collector's dogs. And no, the attorney's don't extend credit. It's 'cash up front'. The bottom feeders zip out some stock form letters (the consumer can do it too) for a few pennies. Each letter, or 'phone call', to the collector garners more fees for the attorney. There are some decent lawyers who specialize in collection law...most of them are in your home town. But, people are reluctant to go to the hometown attorney, because of the shame they feel (and because the 'expert' is always somebody from out of town.
Close commentsAdd reply

Harassed for old debt
Posted by Crs7568 on 06/17/2006
NEW YORK -- I was wondering if anyone had any advice on how I should proceed with NCO. They contacted me about an old debt with Dress Barn. I did have an account with them many years ago but I just ordered a copy of my credit report and there is no mention of any debt to them. The person from NCO said that bills were sent for years to my previous address but were never forwarded to me. This has to be going back at least nine years. I have no problem with paying the debt if I owe it but there is no indication that this is true. They told me that I could not contact or pay Dress Barn because they bought the debt and I owe them the money. The man was incredibly rude and threatened to just place this debt on one of my other credit cards because he "has access to my account information and knows all of my credit card numbers." He said that I could have a lien placed on my house and that I could be sued by them. I told the man that I would need to think about this because it did not sound ethical. He proceeded to call me eight times that night and I would just pick up the phone and hang it up. I recently received a letter from their office in Horsham,PA telling me that I can pay my debt in a lump sum. I do not trust these people but I do not want to ruin my credit or get sued. I saw that they had checked my credit report. Any advice?
     
Read 51 RepliesAdd reply

User Replies:Close comments

Posted by Doc J on 2006-06-17:
Stop! Calm down! Do NOT acknowledge the debt...it was removed from your bureau or paid years ago. Their job is to scare you into paying and they've almost won. Recently, collectors have been buying old "debts" (some had even been discharged or written off) for 10-20 cents on the dollar. AMEX recently tried this with their accounts. Do NOT talk with them. Send a demand letter (Cert-RetRec-Req) for them to prove the debt is yours (receipts signed contracts, etc). If they cannot (in virtually all cases there is no evidence to support the claim) state that they are to "cease and desist" collections attempts. They must either stop harassing you, or sue you (they won't sue unless they have proof of the debt-they don't). Dispute any entry they put on your bureau. Read up on the Fair Debt Collections Practices Act and your related state statutes. Read related posts on this site for more guidance. Good luck!
Posted by Anonymous on 2006-06-17:
I would suggest this website - http://www.creditinfocenter.com . They have sample letters and step by step procedures for Debt Validation and dealing with collectors. I would also suggest http://www.creditboards.com - Their forums are an outstanding source of info and you can find an answer to any question you might have concerning the credit / collection industry. Good luck!
Posted by warddw1526 on 2006-06-17:
Coming from a debt collector, a few things. First, the debt could be yours as you said yourself, you had moved. Definately asking for a verification letter is a great step. Secondly, they do not have your credit card number on file. On the report that is received from the credit bureau, it does show how much credit was available at the time the report was run, the payment history for up to the last 4 years, the highest balance, and what if any monthyl payment are being made on it.
Posted by Anonymous on 2006-06-17:
Also Call your local phone company and report the harrassment. Tell them the times and dates you've been called. Sounds like some kind of con artist just wants your money. If thats the case, then you might want to leave a statement at the police dept.
Posted by Hugh_Jorgen on 2006-06-17:
Keep in mind that these people will tell you any lie to get you to pay them - do not fall for it. They will threaten to call your employer, friends, whatever. They will keep pushing any button they can find. Do not let them anger you, that's their point - that's what they are trained to do. The best story I heard was Dave Ramsey's - from when he was deep in debt - a collector called his wife one day and had her in tears by asking her how could she marry a man that was a deadbeat. YOU keep control of this.
Posted by DebtorBasher on 2006-06-17:
There is a good chance that it would not show up on your credit report as the "Dress Barn" but by the name of the bank the account was with...I know alot of those type of stores, DOTS, Layne Bryant, Fashion Bug etc shows up as the creditor but not the actual store name.
Posted by DebtorBasher on 2006-06-17:
They can NOT just charge it on another credit card without your authorization, Calling you repeated the same day they already had contact with you is considered harassment and an FDCPA violation, they have a time limit in which they have to send you a debt validation, if it isn't recieved within the allowed time, that is another FDCPA violation, ask him where he got you other credit card numbers from, I wouldn't worry about that one because even if he got it from your CBR, they do not give complete account number on them, and that is for your protection...or they will sometimes reverse numbers on the CBR. They also can not make any threats of action that they do not intend to go through with...there are clearly enough violations here that would be worth you hiring an attorney...always, always keep records.
Posted by Doc J on 2006-06-17:
Trust "Stew" at your peril. Same as Pirate with Parrot.
Posted by Doc J on 2006-06-17:
Amen, Hugh. Collectors will tell you anything to get a few $$. Dave rules!!!
Posted by Anonymous on 2006-06-18:
Interesting
Posted by crs7568 on 2006-06-18:
Thanks for the good advice. There is definitely not a deliquent credit card account. The only thing that shows up as delinquent is one mortgage payment that was thirty days late two years ago. I really cannot believe the unethical practices of this company. I also do not understand why I cannot just pay Dress Barn if I owe this debt.
Posted by cycolbur on 2006-06-18:
Do not give them anything . To me it sounds liking they are trying to scare you into paying if you pay it reopens it and they can put it on the credit report as a negative item. I do agree send a certified letter return receipt asking for proof in the meantime I would contact dress barn and see what they say. I know they have been in many lawsuits for this type of behavior. Here the local hospital used to use them untill they got many complaints and finally they dropped them as there collection agency. good luck
Posted by Anonymous on 2006-06-18:
I doubt Dress Barn is the original creditor in fact IAW their website World Financial Network National Bank is their card issuer. These types of store cards are usually issued by lenders who are not associated with the vendor. Example: The wal-mart store credit card is issued by GE Money Bank. If I default it would be against GEMB and not Wal-Mart. Definitely send a letter as described by the other posters. Neither deny or affirm the original debt. The original debt is not the issue – The issue is whether NCO can prove they have a valid actionable claim. It's likely the statute of limitations has expired for reporting to credit bureaus (7 years) or bringing suite (NY 6 years). If that's the case there is nothing they can do to you. Good luck!
Posted by Anonymous on 2006-06-18:
I agree with Doc J – "Trust 'Stew' at your peril" but I would extend it to any advice from an anonymous poster. These are serious matters not to be taken lightly. All advice should be researched and confirmed and then confirmed again. Any misstep has the potential of costing you dearly.
Posted by Doc J on 2006-06-18:
If you truly owe Dress Barn, I would be remiss if I didn't tell you to pay the bill you owe. I think this is the case. They sold you dresses, etc and reasonably expected payment for their goods. Abysmal practices by collectors also exist by virtue of consumers who negligently skip out on their obligations. That the bill fell off of your bureau does not ethically excuse you from paying. Do what's right.
Posted by Doc J on 2006-06-18:
BTW: If the bill was "written off" you owe Uncle Sam taxes on the forgiven amount because it would be "income". If you pay this bill, do it certified mail (RRR) and demand a receipt. If they offer to reduce the amount, get it in writing BEFORE paying. I had a deadbeat patient who owed me thousands (unlike many, this guy had the money). After two years, I wrote off his delinquent bill and sent him (and the IRS) a Form 1099. Suddenly, he wanted to pay me just to keep the IRS at bay! I declined his payment. If I took his payment it may be held that my tactic was an unfair collection practice.
Posted by crs7568 on 2006-06-18:
Doc J,
I have no way of knowing if I owe Dress Barn any money. I have NEVER received a bill from them indicating any balance due. NCO states that bills were sent to my previous address but apparently somehow never forwarded to me. They did not merely fall off of my bureau. Somehow every other credit card bill made it to my new address. I have a beautiful credit report and always pay my bills. I would be willing to pay Dress Barn if I owe them money but I have been told that this is not an option.
Posted by cycolbur on 2006-06-18:
Look your records over carefully they maybe got you mixed with someone with same/or close to same name as you. Also in most states statue of limations is 7 years.
Posted by Anonymous on 2006-06-18:
The fact it's not on your credit report suggest it was over seven years ago. That being the case the chances are very good that NCO owns the debt due to federal regulations and Federal Reserve requirements. If you indeed want to pay the debt then you may have to pay NCO. Again you can ascertain this through correspondence with NCO. You will only owe taxes if the collector files a form 1099 which they rarely do unless they are so motivated by anger or vengeance. http://www.fair-debt-collection.com/most-asked-questions.html
Posted by Anonymous on 2006-06-18:
Doc as an original creditor you are exempt from the Fair Debt Collection Practices Act.
Posted by Doc J on 2006-06-18:
I know Stew/Pirate...I am not absolved of operating in the most ethical manner I can. One day (long from now I hope) I know that G-d will judge me. I heartily object to your characterization of filing Form 1099 as "vengeance" or anger-related. The taxes are owed...just like the bill. The public coffers (not that I'm a fan) benefit if all legitimate income is reported. BTW: Shouldn't "Stew" be at Micky-D's keeping us updated on the ice-cream cone dipping?
Posted by Anonymous on 2006-06-18:
"The IRS does not require creditors who discharge debts to file a Form 1099, no matter how much the debt is worth. Second, although implied, creditors rarely file Form 1099 even when the debt remains unpaid". I was trying to offer crs7568 my best advice. I meant no disrespect and if came across that way then my most humble apologizes.
Posted by Doc J on 2006-06-18:
No apology needed. This is a free post site and our debate is educational. That the 1099 is not "required" does not change an ethical duty to do so. As of today, I think, not everything in our Land is governed by "That which is not prohibited, is compulsory." Back on point tho...the poster needs to verify the debt, if any. He/She must pay it if it is owed, or fight NCO to the "death" if it is not owed.
Posted by Doc J on 2006-06-18:
crs7865-That paying Dress Barn is "not an option" came from the collector. Do NOT abide by anything they say. They are not driving the bus...remember that. You can contact Dress Barn with you old account information. Be warned...doing so may awaken any sleeping monsters there! The number of posts reporting the conduct of NCO should motivate you to try to resolve this independently of them. I am troubled that you state you don't owe them, but would be "willing" to pay Dress Barn if you could? Something's amiss. I wish you well.
Posted by warddw1526 on 2006-06-18:
You may be able to pay Dress Barn directly. If NCO has purchased the account from Dress Barn, payments would have to go to NCO, as they own it. First and formost, see if it is a valid debt. Like Doc J says, make payments if the debt is valid.
Posted by Anonymous on 2006-06-18:
Dress Barn is not involved. They received their money a long time ago from the card issuer. NCO probably owns the debt since it's not on the credit report (over 7 years old) and no prior collections contact. (Classic junk debt) NCO probably bought this as part of a large portfolio and the fact it is probably beyond the statute of limitations got it for pennies on the dollar. Any payment made on this account goes to NCO and not Dress Barn or the original creditor. If the poster pays in full then they are padding NCO'S pocket with the difference between what was paid for the debt and what the debtor agrees to pay (No doubt NCO will tack on the max interest and penalties possible). I don't see the ethical implications of not paying a junk debt since the entity which the debtor promised to pay will not see one red cent of the payment. If I'm wrong somebody please educate me.
Posted by Anonymous on 2006-06-18:
I would again strongly urge before the poster agrees to pay anything they seek advice from experts and not depend on random comments on a consumer complaint site. If you agree to payment arrangements or make payment then the damage depending on your jurisdiction could be irreparable.
Posted by Mad Eye Moody on 2006-06-19:
A. Cycolbur; respectfully - 7 years is how long reporting from the date of last activity stays on your CBR - it has nothing to do with the SOL of an account. The SOL can be more (IL) or less (NC) than 7 years depending on the state the consumer resides in (or resided in when activity on account took place) AND the type of account.
Posted by Mad Eye Moody on 2006-06-19:
B. Stew ain't Pirate.
Posted by Mad Eye Moody on 2006-06-19:
C. Doc J. - Keep the accusations of nic-switching and the like in the comm-forums - otherwise this thread is excellent and I'm impressed with everyone's knowledge and advice. Good luck to the poster.
Posted by Doc J on 2006-06-19:
mad-eye: With due respect: Are you the self-appointed "hall monitor" now? As to whether you are "impressed" or "this thread is excellent", we do not need, or request, validation of our advice. The advice is only as good as the price...hence, Stew gives this poster (and others) good advice not to rely on same. Finally, Stew is a formidable "opponent" and members jousting adds flavor. I hardly think "Stew" needs Mad Eye Moody to hold his/her coat. You, and others, do not have to join the jousting if you choose not to. However, I urge you to rein in your urge to become a budding site censor. That you may be privy to "who's who" is more than concerning, given your desire to "control". All Best!
Posted by Mad Eye Moody on 2006-06-19:
You need validation on YOUR advice whether you want it or not. Maybe Stew doesn't - you're right. I was glad to see a good thread. Am I not allowed to express a positive opinion after seeing so many threads that needed cleaned up? Did I make you angry at some point? Why are you all of a sudden doubting me? Did I insult you while you were logged in on one of your other names?
Posted by Mad Eye Moody on 2006-06-19:
P.S. I don't desire control...people only desire what they don't already have.
Posted by Doc J on 2006-06-19:
I recall no insult. No I'm not angry. If "Stew" is a friend of yours, I apologize for hurting your feelings and I shall simply ignore "Stew" in the future to avoid upsetting you. Any m3c member who does not want to joust or does not wish their comments or dogma debated, say so...I'll obligate myself not to spar with them so that they may demonstrate their tolerance through censorship. Mad-eye, kindly point out others for whom you hold the lance...I shall endeavor to avoid commenting on their advice, good or bad. It'll please you...and simultaneously make Hitler and Stalin smile in their graves. Regards.
Posted by Doc J on 2006-06-19:
I just read your "PS", Mad Eye. Those who flaunt power (control), real or imagined, are those who most desire to oppress others. Perhaps your "stars" may be self-awarded rather than based on true reliability? Idi Amin had a chest full of ribbons, no? Previously, I neither doubted nor supported your advice. Thank you for helping me to make the easier choice not to. Warm regards.
Posted by Mad Eye Moody on 2006-06-19:
LOL. Talk normal! No need to try to seem smarter than you are. I think you're a pretty bright individual...you don’t need to convince me…It’s just that I’ve helped my spouse read so many college papers that sound like the style of writing you just posted that it message suffers and agonizing death by the fifth word. My eyeball (the good one) starts to snag on the serif of each letter…I mean it. It hurts. I'm not trying to censor you or anyone else - otherwise all of these posts would be gone, right? I'm just saying that you didn't have to call me a hall monitor. Delusions of grandeur...absolutely! Prima-Donna? OF COURSE! Narcissist – With out a doubt! But...HALL MONITOR? Take it back and I won’t have your family kidnapped and send to club Git-Mo.
Posted by Doc J on 2006-06-19:
I can't help but enjoy a person who mocks himself/herself. Rats, I've been forced to read so many of those papers...and the "technique" installed via osmosis over the years. It's hard not to agree with your logic regarding censorship without invoking "Help! Ban M-E-M! He's/She's censoring me through marginalization of my ideas". ARRRRRRGGGG! That WOULD be agonizing for me. Hmmm. Git-Mo? I hear the weather's lovely. I'm holding out for a secret cell in Eastern Europe though. Seriously, all best.
Posted by Mad Eye Moody on 2006-06-19:
Humility is the key to diplomacy. Don't let that lead you to believe I'm a class act, though...nothing could be further from the truth.
Posted by Anonymous on 2006-06-19:
No..no...no.. It's clearly in the M3C rules of engagement no dispute can end until somebody's called gay and numerous spelling errors have been pointed out. I'm disappointed in both of you. Doc - you'll be happy to know the reunification of Stew is almost complete. The last stumbling block is ridding pirate of that potty mouthed schizo parrot. Then at last all will be good and PirateWithStew will become a productive M3C 'True Regular' and peace will be made with the 'Truly Intelligent Regulars' and quality consumer advice ... well .. we can all wish can't we.
Posted by DebtorBasher on 2006-06-19:
CRS...you said you don't know if you owe Dress Barn anything...well, if you bought from them, and you used your credit card...in which you never got a statement for, then you didn't pay...so, you owe.
Posted by DebtorBasher on 2006-06-19:
Ok Children, back in your corners! Maddy...you come with me!
Posted by Anonymous on 2006-06-19:
Hi crs7468,
You might want to look at this website, read it the call for an appointment
http://clarkhoward.com/advice
These kind of debts were recently discussed on
his radio show. Good luck

Mrs Manishewitz
Posted by Doc J on 2006-06-19:
DB-"yessir" ummm "yessum".
Posted by Doc J on 2006-06-19:
Stew-You underestimate me. I shall not be silenced until I am declared ultimate ruler of m3c...bwa-HA-HA-HA! The mere assimilation of Pirate/Stew into a single debating unit will not change the outcome of my ultimate plan to dominate...bwa-HA-HA-HA! Now that M-E-M reveals the soft underbelly...bwa-HA-HA-HA. Sorry, must go now, Mum called me for dinner.
Posted by Mad Eye Moody on 2006-06-20:
Underbelly!? Don't go mistaking my kindness for weakness, scooter.
Posted by crs7568 on 2006-06-20:
DebtorBasher, my problem is that I do not know if I owe them any money. I did have an account but I never received a bill that I did not pay. NCO claims that it is because the bills were sent to my previous address. All of my other credit cards and bills were sent to me when I moved. I find it odd that only one credit card was never forwarded to me. I am now finding out about this bill many years after the fact. How am I expected to remember back that far? I have attempted to verify the debt by checking my credit report which shows nothing but one late mortgage payment.
Posted by DebtorBasher on 2006-06-20:
I guess what I'm trying to find out is if you purchased on the card only one time and never got a bill...or if you've used the card several times and was paying on it, then stopped getting statements and now you're not sure if it was all paid up or not. When you said you never got a statement, then I assume you didn't make any payment because you didn't get any...but, if you bought from them and you didn't pay because you didn't get a statement, then, you would owe them...I can understand you not remembering that far back...it was just a question to get a better understanding of the situation.
Posted by Doc J on 2006-06-20:
I, and others, got sidetracked. The first step is for you to gain access to ALL information NCO has on this "debt". They will not want to help you...they don't care if you actually owe the debt, they only want $$. It's not personal. Simultaneously deny you owe the debt. Request/Deny via CRRR letter. DO NOT provide them with more information than they already have!!!! If they want to know your SSN, DOB, addresses, account numbers, etc. DO NOT give that information as there exists for an "unknown" debt to "become" yours. A rule of thumb, given the sorry ethic of some collectors, is to deny and look at their "proof". "Proof" per credit counselors, is signed receipts/contracts. In a suit, NCO will have to show, "by preponderence of the evidence" that that debt is yours. Sadly, I know of people who paid some of these small collections accounts to "make them go away". Not a good idea if the delinquency is not yours. Given the length of time, I doubt proof will be found. Do understand that your failure to receive a bill does not relieve you of a payment obligation. Remember, if this was a solid collections case, the original creditor would have pursued it.
Posted by Anonymous on 2006-06-20:
csr7568 - No disrespect but it sounds like you're looking for absolution from the commentators - not going to happen. You have gotten the best advice and most serious attention I've ever seen any poster receive in a long time. You have three options – Do nothing, Send a letter (like everybody keeps telling you to do) or pay it. Everybody, including the collectors, keeps saying send a letter requesting validation. It's easy to do and the internet is full of examples. You don't even have to leave your house - The USPS offers CRRR letter service online. (https://ecap21.usps.com/cgi-bin/ecapbv/scripts/login.jsp?app=MailingOnline). Write the letter, you'll be glad you did.
Posted by carlosLA on 2006-07-22:
I don't know about this collection agency but, in my opinion, all of those companies buying and re-buying old debts are the scum of the earth. Most often than not prey on the weakest members of society, those who have already hit bottom, unable to pay the original debts, and after so many years they come with new threats and scary stories. If a debt was either discharged or written-off way back and is not showing in the credit report anymore, just forget it! Now, before anyone thinks that I'm advocating not to pay legitimate debts, that's not my intention. However, when most consumers fall into the credit trap and run into very bad situations, they go through 7 seven years of hell credit wise. That's why the law makes those unpaid debts dissapear from the credit report. They have one more chance to rebuild their relationship with banks and businesses. While it's true that this will also benefit professional debt beats, those are the minority but the consumer at large should be left alone by this bottom feeders. I'd tell them to go and get a real job instead of making a living out of the misery of others. That's a task for loan sharks.
Posted by Lisa06 on 2006-09-15:
I can't really say if this applies to your particular situation, but I having been receiving letters from NCO Financial Systems every 3 months for the past two years. The letters claim to be an effort to collect a credit card debt from a small retail store I defaulted on 21 years ago, when was 18. Yes, 21 years ago, in the amount of $388. I always just throw them in the trash and it has never appeared on my credit report. I realize I did default on the debt, but it almost seems laughable that NCO is still spending $1.56 a year trying to reach me.
Close commentsAdd reply

While you're in collections with NCO or ANY Debt Collection Agency
Posted by Rendo on 09/01/2005
Alright, I've worked for NCO for awhile now and I'm come to notice that in online forums and other places people complain ALL the time about the debt calls. Since I know how NCO works, I'm going to make it easier on all of you on how to either resolve your debt or stop being "harassed" with phone calls.

#1. Learn the FDCPA.

For those of you that know it, go on to the next section. For those of you that don't read it. It stands for the Fair Debt Collection Practice Act. It's the laws that surround collection activity. If you know the laws about it, you can take control over the call. When a debtor brings up the phrase "FDCPA" it makes my skin crawl, because I don't want to get sued, and I don't want to lose my job so it makes me very edgy, and I'm a VERY confident person. By knowing the laws you can use it to your advantage to either stopping the calls or getting a 'case' against said Debt Group.

#2 Demand cease calls and all communication be done through mail..

This will completely stop the calls because it's an FDCPA violation if you request us to stop and follow the procedures of said debt agency to have them stopped, you'll get no more calls.

#3 DO NOT HANG UP RIGHT AWAY

If you hang up before the debt collector says his/her Mini-Miranda, monitoring/recording disclosure, you WILL get called back. Debt collectors can call the CUSTOMER once per day IF they speak with the customer and REVEAL the information on the account. Hanging up means you don't know what it's about, you'll get called back later.

#4 DO NOT GO THROUGH DEBT CONSOLIDATION

These companies WILL NOT help you. They only pay your minimum payments and will not help get you out of collections, most of these companies say they are non-profit but how do the people that work there get money? They take yours, bundle up a bunch of cash, and then wait until your account can be settled, settle the account for LESS, and keep the rest of your money while your CBR (credit bureau report) is now affected with negative feedback. If you can pay them, you can pay your bill which leads to the final part.

#5 Pay your bill.

Seriously, this is the easiest way to get out of collections. Just pay your damn bill and you won't have to worry about the calls. I know you're going to be out some money, but tough sh it. You agreed to a service, you didn't oblige to the contract/conditions that YOU ARE aware of, be responsible about it.

That's it. If you do any of those steps you can get yourself either out of collections or stop the annoying calls. As collectors we have _THE RIGHT_ to call you, as well there are state laws that do override the FDCPA so learn your state laws. As of 2 days ago, North Carolina can now be called by ANY country while before it was just inside the U.S. Enjoy.

     
Read 31 RepliesAdd reply

User Replies:Close comments

Posted by DebtorBasher on 2005-09-01:
#3 and #4 ...Not completely true.
Posted by Mad Eye Moody on 2005-09-01:
Yeah...no shzt. Take it away my beautiful friend - he's all yours.
Posted by ejack053824 on 2005-09-01:
Eat shyt and die RENDO for #5!
Posted by Slimjim on 2005-09-01:
Using a debt settlement service as you describe, is not consolidating anything and shouldn’t be termed “debt consolidation”- unlike a single loan that pays off multiple debts. Even credit counseling, which you kinda crossed-referenced, uses that term incorrectly as the debts still stay multiple and outstanding, with only the monthly payment actually consolidated into one.
Posted by Rendo on 2005-09-01:
DebtorBasher, #3 _IS_ true. If a person hangs up on me before I discuss the entire account information, they're getting called back later that day if the dialer recycles back to them.

As for #4, SOME do work, most don't. In all honesty, I don't care if you want to go through it, but I know from experience they're unreliable.
Posted by DebtorBasher on 2005-09-01:
No matter how many times you post it...you're still wrong...It would be too easy for me to explain why...so, maybe you should go back to your so called NCO trainer and get trained over again because if this is what you're doing,then you've been doing it all wrong...if your trainer tells you that what you are saying is right...then your NCO needs to hire someone who knows what they are talking about.
Posted by DebtorBasher on 2005-09-01:
Actually...#5 isn't completely true either...people still get called after their bills are paid...and for all different reasons. You're a collector..you know the reasons.
EJ: you know you loved #5, you live to hear that!
Posted by Anonymous on 2005-09-01:
#6 NCO collectors for the most part are trying to get you to pay an unsubstantiated claim. Ask yourself, “Have I ever entered into a contractual agreement with NCO” or “Has NCO provided me with competent evidence that they have a legal claim to the debt they are trying to collect” or “Has NCO provided me with any agreements or contracts and the terms and conditions of those agreements they are claim exists that bind NCO and myself into a legally enforceable agreement”

If you answer no to any of those questions then like I said NCO’s claim is baseless. I couldn’t imagine paying somebody or company that I’ve never heard of a nickel until they absolutely proven they are entitled to it. No competent business would pay somebody based solely on an oral claim from a stranger on the phone nor would NCO itself then I must ask the rationale question; why would you?


Posted by Rendo on 2005-09-01:
If it's far too easy DebtorBasher, why not take that extra few moments to enlighten me? Or is it because you like to try and make rebuttals to peoples points but don't have concrete proof to back up your rebuttal? How about you back up your 'opinion', because that's all it is with some proof. Because I know how to do my job, and you telling me I don't makes me laugh. Show me some FDCPA that says I cannot do what I do and maybe I'll consider not doing it again. Moron.
Posted by Anonymous on 2005-09-02:
How do you substantiate your claim in #3. There is nothing in the FDCPA or any FTC issued opinion that I can find that mentions anything about “hang up before the debt collector says his/her Mini-Miranda, monitoring/recording disclosure”. I’d be really interested in the basis of your assertion.
Posted by ejack053824 on 2005-09-02:
Basher...Rendo is an arrogant fckhead I see. Put this troll in his place. Oh Rendo please do call my house! I guarantee you won't call again.
Posted by DebtorBasher on 2005-09-02:
I will be more than happy to correct you...I mean, educate you. But first, I want you to go and have a talk with your NCO trainer and see what he/she has to say about your "advice". If your trainer agrees with you, direct him/her to this posting and I will educate the both of you and maybe it will improve his/her training for future NCO collectors.
Posted by Rendo on 2005-09-02:
As I said, you like to beat around the bush and won't support your claim. I will support mine though. There is nothing in the FDCPA that says I cannot call if they hang up before information is revealed, so I take that as an "abrupt hang up" or the call got "disconnected" ;). Now, how about you stop avoiding the question, or you can which further makes my point.
Posted by Mad Eye Moody on 2005-09-02:
Rendo - you made a mistake…and that's ok…everyone does. Your mistake was that you jumped out of your plane and into this forum thinking it was just another one of your dunning calls. Let me offer a parachute of sorts…a little bit of background. We've got enough experience on the law-side, the NCO side, and the (successful) pro-se litigant side, to know better than what you're trying to tell people. You're not doing your job correctly. Hey, you may be earning some good money; fabulous for you - congrats! However, I'd really like to spare you the educational beating that you're begging for. I also would like to spare you the humiliation of finding out you tried to give one of our readers your telephonic arm-twist via court summons and a subsequent pink slip. Believe me…if you get taken to court, NCO will defend to the death, or rather to the settlement, that no wrongdoing was done on their part - however, you'll be canned immediately in most valid cases Make no mistake champ, there's a hundred of you out there, and we've adopted the same attitude towards you 'bad apples' as you've adopted towards the 'deadbeats'. That being: we don't care what financial obligations YOU personally have to meet. We don't care how many mouths YOU have to feed, nor how badly YOU need your CBR to be accurate. We'll take it right out of your pocket, and right out of the mouth of your children, the same way you (as you profess you have the right to) take it out of the pockets of those YOU attempt to get payment from. You have no rights until you prove them. That's the truth of the world…not just the FDCPA/FCRA - just as Stew so perfectly summarized for YOUR benefit - if you can't prove that a contractual obligation exists between NCO and the person you're calling, you're running on empty. You're f(*&$ing excused.
Posted by Mad Eye Moody on 2005-09-02:
Damn Rookie.
Posted by DebtorBasher on 2005-09-02:
ok..here is a clue...does your copy of the FDCPA state..."Includes but not limited to..."? I'll let you take it from there...and, I'm still waiting for the response you get from your trainer.
Posted by DebtorBasher on 2005-09-02:
Maddy...you're getting so grumpy in your old age.
Posted by DebtorBasher on 2005-09-02:
Maddy: It may not be that Rendo has made a mistake...but if the trainer is teaching that this is proper proceedure, it is the trainer's fault. It's just like, if a parent doesn't potty train their kid (EJack would be a good example here) until they are 8 years old, then it isn't the kids fault that he shyts his pants at 8...he just wasnt' taught differently. How was that for an example? Are you proud of me? Do I get another star for this advice??????
Posted by Mad Eye Moody on 2005-09-02:
LOL! Nice analogy. Ejack - she teases you because she loves you.
Posted by ejack053824 on 2005-09-02:
Damn Basher...that was pretty good! I applaude you there! lol!! Now....get over here and wipe my ass..I just sharted!
Posted by DebtorBasher on 2005-09-02:
EJ and DB? Who would have thunked it?
Posted by DebtorBasher on 2005-09-04:
I refuse to marry a man that can not control his bodily functions...it won't give us anything to look forward to in our old age.
Posted by ejack053824 on 2005-09-06:
Well more room outside then there is inside. So Basher....you don't fart? LOL
Posted by DebtorBasher on 2005-09-07:
NEVER! Not even in my sleep...and I NEVER pick my nose either! I was raised better.
Posted by Anonymous on 2005-09-16:
I like #5.
Posted by Mad Eye Moody on 2005-09-19:
I'll bet you do!
Posted by DebtorBasher on 2005-09-19:
You just lost your bet, Mister!
Posted by Tigron on 2005-09-22:
I understand that the FDCPA is necessary to avoid bully style collections, but I feel that some of the state legislations give too much power to the consumer to not pay back their debts. The whole 'cease and desist' rule you have in place I think is absurd. I recieved one cease and desist and all I did was leave 2 phone messages, I did not even speak to the debtor!
Posted by Mad Eye Moody on 2005-09-23:
Then sell the account, or sue them (if you have all the info you need to be sure they're the debtor that owes the money) They've given you no other choice. We don't tell people to send a flat C&D here, unless they're 100% sure that it's not their debt. Otherwise, conditional C&D's are suggested (For POE, or communication by USPS only)
Posted by DebtorBasher on 2005-09-23:
Rendo: Have you talked with your trainer yet. I'd like to know what he/she had to say.
Posted by rabidsheika on 2006-04-05:
Actually, to be working for a collection agency, you have that wrong in alot of places.
State laws do not override the FDCA, it states that clearly in the FDCA.
Just telling the collector to cease call and only contact you in writing does not work. You HAVE to call them in writing. I have a copy of the act and would be happy to list the exact places where these things are stated for anyone interested.
Close commentsAdd reply

Who does NCO think they are?
Posted by Unrepentant_debtor on 03/11/2005
SAINT CHARLES COUNTY, MISSOURI -- March 11, 2005 -- Saint Charles County, Missouri -- So it's a cruddy Friday out there and I'm sitting at my computer, doing what I do at my computer, and the phone rings. I let the machine get it. It's "Mr. Shapiro" and he's "not calling to sell anything" but he has "important information" for me that he has to "act on immediately." What the heck, I'm feeling feisty today. 1-888-475-6741 is the number he left; it's the number I called. What fun ensued! Not only was the non-native-English-speaking-gentleman on the other end of the phone rude and condescending, he seemed to be absolutely shocked to hear that I wasn't going to discuss repayment of my defaulted student loan. I explained that I was currently unepmloyed and receiving government assistance, and this twit had the audacity to ask why I wasn't going to pay off the loan. I explained (when I could get a word in over him) that repaying student loans was WAY down on my list of priorities. Behind food, electric, water, phone, gasoline, auto insurance, those kind of things. But the twit is persistant. "This is a bill just like any other. You have to pay this bill also," he said. He asked how I paid my rent for over a year without a job and I told him, flat out, "I live in the house my parents used to live in." WHich is true. It's paid for and I get to live here now. They have moved on to bigger and better things. But I digress. Then the questioning moved on to my mysterious ability to pay my other bills. I explained it very simply. I'm a drain on society. The Feds pay my bills. Then Mr. Supervisor jumped on the line. What a peach! Mr Supervisor asked me why I couldn't ask my parents for the money, seeing as I was living in their house? Or better yet, why didn't I just go out and get a job? It was at this point I got fed up. The man wasn't even bothering to breathe between questions. I couldn't get a word in edgewise, so I told him that he knew nothing about me or my circumstances, and that he should just "Have a nice day." Then I hung up. I fully expect to go through something like this on Monday the 14th. I plan to call back. I'll probably call back on the 15th, 16th, 17th, and 18th too. Who knows, maybe I can find a new friend this way. I guess the gist of my complaint is this: NCO Financial Systems, Inc. (part of the larger NCO Group http://www.ncogroup.com ) claims -- and I'm Quoting from their own freaking web site here: "Our representatives have the specific training and experience to successfully service education receivables. They are familiar with the requirements of Title IV student loan programs, including FFELP and Perkins loans. They are trained to perform with sensitivity to the circumstances of student borrowers while observing the best interest of our collection partner. We have designed, implemented, and successfully provided collection programs according to the unique requirements of our clients and in strict compliance with all applicable laws and regulations." [ http://www.ncogroup.com/industries/education_guaranty.aspx ] -They are trained to perform with sensitivity to the circumstances of student borrowers while observing the BEST INTEREST OF OUR COLLECTION PARTNER.- It gets better, they BRAG about how they hound people. Read on: NCO's "collection service imparts a sense of urgency upon seriously delinquent customers," and results in "reducing net write-offs and the cost of collecting after charge-off." And how do they manage to do this? I'm glad you asked. You know what? Just read the whole [ http://www.ncogroup.com/services/finance_third_party.aspx ] page. In fact, browse around NCO's entire site and see what scum they are. "Whether eliminating positions or reallocating staff, selling bad debt portfolios will open opportunities for our clients to refocus on core competencies." Sell them your in-house debt and you don't need those people in accounts receivable anymore. Get rid of 'em! Ship their jobs to India, or Antigua, Barbados, Panama, the Phillipines, or Puerto Rico. You know what? If you get a call from "Mr. Shapiro" and he tells you to call 1-888-475-6741, just let it go. ***** A copy of this was sent to NCO Group, let's see if they have anything to say, shall we? *****
     
Read 10 RepliesAdd reply

User Replies:Close comments

Posted by Collections_King on 2005-03-11:
congratulations you get a call from collections and decide not to do a job search, but find a mission statement to throw back at nco and come on here to whine. you said it yourself, you are a drain on society, you would think an education could get you somewhere in life, but i suppose ambition wouldnt help either...
Posted by sallywilson on 2005-03-11:
Are you expecting sympathy from those of us who work hard so that we are not a burden on society? What a huge disappointment you must be to your parents. Grow up.
Posted by DebtorBasher on 2005-03-11:
Did you use your student loan for an education? For the time it took you to read the entire NCO website and find this site to whine on, you could have probably done at least two job interviews.
Posted by Collections_King on 2005-03-12:
thank god, for once mines not the only hateful posting :)
Posted by DebtorBasher on 2005-03-12:
You really shouldn't be thanking God for being hateful.
Posted by Anonymous on 2005-03-13:
Time is on your side. You have nothing therefore you are safe. I wouldn't do the job search because once you have an income then you become fair game. Since this a student loan then you'll probably have to stay unemployed for the rest of your life because I don't think standard SOL applies. Don't listen to these people, they are tainted by old fashion outdated values and a sense of responsibility. They don't realize just how hard it is to be good at doing nothing.. Honestly.. Most people don't have patience or dedication to perfect the art of nothingness... I admire your gift of being able to do nothing and from your post you seem to be very good at doing nothing.. Cheers!


Posted by Mad Eye Moody on 2005-03-14:
This guy was basically just doing his job; if you weren't going to pay, which was pretty apparent from the first few minutes of the call, his next objective is to get as much info on you as possible. I would end these calls as quickly as possible in the future, and forget about NCO until you find a way out of the hole you're in. Their job is to make it seem as though paying them should be your first priority. However, everyone on this site, collector and consumer alike, will agree that your food, shelter, clothing and utilities come first. This loan will be around forever…there's not SOL on student loans, so you'll be able to deal with it when you're ready to, or you are sued - whatever comes first.

Posted by Collections_King on 2005-03-15:
for a moment im gonna forget about stews post because its either really stupid or sarcasticly hilarious, how do student loans work in the states? i know ontario student loans are endorsed by the govt and if some1 defaults its paid by the govt and then they come after you, sure sounds like a better system then letting an educated moron just never get a job
Posted by unrepentant_debtor on 2005-03-22:
MY REPLY: Okay, dig it. I USED to install hardwood floors, started in 1984. Many years later and my knees and back are shot. I can't stand for long periods of time, I can't lift heavy loads repeatedly. I went to college to learn to do something 'white collar'. Problem is, I majored in Anthropology. Now in case you didn't know, a BA in Anthropology allows one to perform the following function: "Would you like fries with that?" I have been unemployed for over a year, and I have been applying everywhere my 1987 Buick will take me. I even struck out with the state employment agency. I know, boo-hoo for me, right?
Posted by Hebetudinism abounds on 2005-05-06:
How about getting off of your computer... getting a job... and paying your bills? How is it everyone else's fault and not yours? Pay your bill loser...
Close commentsAdd reply

Employees
Posted by Tammyltl on 03/27/2004
OHIO -- Just a few hours ago, I ended one of the most ridiculous phone calls I've ever received. My husband and I received a letter from NCO Financial Systems 2 days ago regarding a debt supposedly owed to a medical imaging company. We both looked through our paid medical bills and could not find a bill, letter etc. from this particular company. And considering that we both pay our bills on time, this collections letter came out of the blue. I received a phone call from NCO this morning.
At first this woman did not identify herself, just asked to speak with my husband. As I was taking down her first name and number, I asked if she was calling from a business since she was giving me a 1-800 number. She didn't answer, but asked who I was. I told her I was his wife, and then she told me she was calling from NCO. I told her that we received their letter, that we had no record of ever owing a bill in that amount, or close to that amount, that I hadn't heard of this medical imaging company, and could she give me some more info. She told me the date of service, which didn't match one of my child's hospital stays, but was close from 2 years ago. I asked her if she could tell me what specifically the bill was for. She first told me X-ray, then ultrasound, then CAT Scan. Our child had none of those tests performed. I informed her of this, then she replied, "Oh, this is actually regarding..." Either she's a very confused young woman, or she wasn't willing to give me the correct information up front. And what was she doing with that type of personal medical info in the first place? Are they actually allowed access to medical records?
I then told her that my husband and I paid all of the medical bills we received from the hospital stay close to the date she was giving and also the last admittance, and that we have no outstanding bills we're aware of. I told her we never received a bill from this imaging company. (Duh, if we had we would have paid it) She then told me I must be mistaken, they sent out 3 bills, (over the last 2 years?), and upon not receiving payment turned it over to collections. I asked her if we could get a copy of the bill, she replied no. I asked if this was a legit bill, why our insurance wasn't billed. She said this particular company doesn't take insurance information. (What??) I asked for contact information for the imaging company, she said they would not wish to speak with me since I owe them money. I told her I was not willing to pay a bill for a service I don't remember occuring, from a company I've never heard of. She replied that we had 30 days to pay the bill in full or further action would be taken. I asked what action, and she replied, "Do you really wish to find out, or would you rather take care of your responsibility to pay this bill?" I then asked for her supervisor and she told me none were in the office, this was early Saturday morning after all, what was I thinking? Unbelievable! This phone call went on for another 10 minutes or so with me trying to find out how a bill (if we do in fact somehow owe this) could be sent to collections without us receiving notice that money was owed. The questions that this representative answered, were answered with sarcasm and disrespect. Other questions she just ignored altogether. I plan on finding out contact info for the original company to sort this out. I will not answer NCO's phone calls or letters. And I feel very sorry for anyone who has to talk with employees there. I don't understand how any company, even a collection agency like this one who's known for this type of behavior, can get away with treating people in such a manner. Those poor souls who actually owe them money for one reason or another, shouldn't have to pay anything until they get a representative on the phone who's trained, knows what they're doing, and acts in a professional manner. I bet they would never collect anything if that were the circumstance though...
     
Read 12 RepliesAdd reply

User Replies:Close comments

Posted by perfzone on 2004-03-27:
Sorry to hear thet. I would contact an Attorney ASAP. Perhaps the great MAD can give you a name or two. That company started on me last summer. I did what I was supposed to do and they still violated me. I got a great Lawyer and said they are toast.

Remember to document names, dates and times as well as records of calls. You may want to record them also. You can do it cheap , just go to Radio Shack and ask how. Good luck and stick it to them. They hope most people are ignorant or scared and will just pay them. DONT GIVE THEM A DIME
Posted by Mad Eye Moody on 2004-03-29:
What state are you in, love?
Posted by Mad Eye Moody on 2004-03-31:
Better yet- what was the 800 number they gave you?
Posted by Mad Eye Moody on 2004-04-02:
Nevermind then
Posted by tammyltl on 2004-04-02:
The state is Ohio, the number is 1-800-860-4200. I almost feel sorry for that woman now, being so rude and ridiculous like that. All I can hope is that she leaves that attitude at work and doesn't take it home to her family.
Posted by perfzone on 2004-04-05:
Dont feel bad for that rep OR her children. In my learned opinion I would say IF she even has kids, one of two things happened. 1, If she did have them many from her species will actually eat their children, that being the case they dont exist. 2, She is part of a government sponsored welfare to work or prison rehab program so her children are either in the trailer park with their father or under the care of a $5 hr nanny at some warehouse for latchkey kids. Either way they are better off without her
Posted by Mad Eye Moody on 2004-04-05:
Ouch. You've tasted blood and now you're an addict, huh Perf? Welcome to the pack.
Posted by Mad Eye Moody on 2004-04-05:
Tammy - The Ohio Office's fax number is 614-880-9754. One of the managers there will get your letter to cease and desist if you send it to attention Brad Harvey. They're a bunch of trash over there; it's one of NCO's WORST locations...a bunch of Columbus Ghetto Trash...so don't give an inch with them. tell them that Mad Eye Sent you.
Posted by perfzone on 2004-04-06:
You got that right MadEye. It is nice to know that a compnay can create such warm feelings of vengance in a law abiding citizen
Posted by Mad Eye Moody on 2004-04-06:
God Bless America.
Posted by graves on 2004-05-18:
Tammy I hope you were able to come out ok! As I've mentioned in several other posts, I worked for a debt collection agency for several months prior to attending law school. While I found the debt collection industry to be dreadful, not all of the collectors are intentionally misinformed and out of date. Due to medical privacy laws, the collector you spoke with is acting on limited information when trying to obtain the debt. Not only are they not able to provide you with a bill(due to privacy concerns) they often cannot specifically tell you what the services were for. The collector presumably wasn't being rude, she simply didn't know. The best that you can do is request, in writing, validation of the debt within the first thirty days. Under FDCPA regulations collection agencies are required to provide this information, or otherwise withdraw the debt from collections. Should you seek to contact the original creditor directly, consult your yellow pages or the internet. Collectors will not provide you with the location and number of the company as the company does not often want debtors calling to dispute accounts-that is why they have turned it over to a third party. Finally I would avoid legal action if at all possible. Individuals, such as one of the previous posters, are under the impression that threatening to sue them and enlisting the help of an attorney is the only answer. Having an attorney handle this case would prove extremely costly- easily several thousand dollars if it were to go to court. Should you seek a good attorney, that individual will expect to be paid irregardless of the outcome of the case, not simply if you were to win. The collection agency I worked for had an in-house staff of over 20 attorneys in the home office, along with others spread out throughout the country. Simply put, the legal arena is somewhere you want to avoid at all costs. Do what you can to validate/invalidate this debt as quickly as possible.
Posted by graves on 2004-05-18:
One more thing -- you have to be extremely careful when you record telephone calls as they can be subject to both federal and state regulations, particularly if they are interstate calls. Depending on the location of the collection agency from where the call is originating, you are required by law to inform the party that the call is being recorded. Failure to do so could result in a substantial find and/or prison time. Furthermore, not all taped conversations may be admissable in court.
Close commentsAdd reply

Top of Page | Next Page >