Nco Financial false accusation of a debt Horsham Pennsylvania
In the past two weeks nco financial has called my cell phone telling me to call them about a debt collection that has been referred to them. The recorded message told me that they will not give up and do anything to collect this debt.
First of all I don't like to be threatened by a company and second of all
I DO NOT HAVE AN OUTSTANDING DEBT WITH ANYONE. The only charges we ever make are on one of two credit cards and the total amount is paid each month when we receive the bill.
I would certainly appreciate anything your company can do to stop such a false thing happening to me but to anyone who is unfortunate enough to get calls over false things.
Thanks
Buddy
San Jose, California
U.S.A.
4 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Buddy, the only thing NCO will understand is a summons. And..
#5Consumer Comment
Sat, September 27, 2008
Buddy,
NCO group of collectors is the largest violator of the FDCPA in the world!
They have paid the largest fines in history of any debt collector.
Never call or accept a call from any third party debt collector.
This will get you nowhere.
And, be careful on some advice given here like the use of "registered" mail, and "cease and desist" letters, etc.
Proper terminology is essential when engaging in a legal battle, which is exactly what you will be doing if you want to get NCO off your back. You will have to sue them in court for the FDCPA violations they have engaged in.
The exact verbage from the FDCPA is "CEASE COMMUNICATIONS" and the standard means of delivery of this letter is Certified Mail [NOT Registered mail], return reciept requested.
Go to the FTC website and read the FDCPA and the FCRA, then go to budhibbs.com and read all about NCO, and third party collectors in general. Check out the NACA link for an attorney referral who specializes in debt collections matters.
Good luck!
Robert
Buffalo,New York,
U.S.A.
Misconceptions.
#5Consumer Comment
Sat, September 27, 2008
""Me and my husband are filing for bankruptcy after my husband's mother died of Cancer and left us with alot of bills related to that time.""
ONCE you file for bankruptcy they must stop attempting to collect (assuming you list the debt they claim in your bankruptcy filing.)
""The calls stopped for a while and now they called again the other day, BREAKING THE LAW! ""
This would be a violation of the FDCPA, PROVIDED you sent them a cease communications letter.
""Once you send them a cease and desist letter and have receipt of that, once they break that law and harass you again, you can give the evidence to your lawyer and they will be fined $1,000 PER VIOLATION!!""
INCORRECT. They are not FINED! You have to SUE THEM in civil court and then the FDCPA provides for statutory damages of UP TO $1000. This is per lawsuit, NOT per violation. However, this $1000 would be in addition to any REAL damages and reasonable attorney fees.
""(Thereby giving you some money towards your case).""
HUH??? You get nothing unless you WIN your lawsuit against them. In the mean time, YOU have to front the cost of bringing a lawsuit against them for violating the FDCPA.
""We plan to do such as now we have full evidence against them and plan to lay the smackdown on them in court! I suggest you do the same! Maybe enough people suck the $1,000 penalty out of them they won't have enough money to pay their scum sucking minimum wage lackies trying to call you!""
The FDCPA was written in 1978. Today, the $1000 statutory damages allowed by the FDCPA isn't even considered a smack on the wrist. The FTC conduted a Consumer Credit Workshop in 2007 and it was suggested that this statutory damages be raised to $3500 as well as raising the statutory damages for a class action lawsuit.
By all means go after them for the violations. Just be aware that YOU have to front the cost of bringing a suit against them.
Good luck.
Robert
Buffalo,New York,
U.S.A.
Misconceptions.
#5Consumer Comment
Sat, September 27, 2008
""Me and my husband are filing for bankruptcy after my husband's mother died of Cancer and left us with alot of bills related to that time.""
ONCE you file for bankruptcy they must stop attempting to collect (assuming you list the debt they claim in your bankruptcy filing.)
""The calls stopped for a while and now they called again the other day, BREAKING THE LAW! ""
This would be a violation of the FDCPA, PROVIDED you sent them a cease communications letter.
""Once you send them a cease and desist letter and have receipt of that, once they break that law and harass you again, you can give the evidence to your lawyer and they will be fined $1,000 PER VIOLATION!!""
INCORRECT. They are not FINED! You have to SUE THEM in civil court and then the FDCPA provides for statutory damages of UP TO $1000. This is per lawsuit, NOT per violation. However, this $1000 would be in addition to any REAL damages and reasonable attorney fees.
""(Thereby giving you some money towards your case).""
HUH??? You get nothing unless you WIN your lawsuit against them. In the mean time, YOU have to front the cost of bringing a lawsuit against them for violating the FDCPA.
""We plan to do such as now we have full evidence against them and plan to lay the smackdown on them in court! I suggest you do the same! Maybe enough people suck the $1,000 penalty out of them they won't have enough money to pay their scum sucking minimum wage lackies trying to call you!""
The FDCPA was written in 1978. Today, the $1000 statutory damages allowed by the FDCPA isn't even considered a smack on the wrist. The FTC conduted a Consumer Credit Workshop in 2007 and it was suggested that this statutory damages be raised to $3500 as well as raising the statutory damages for a class action lawsuit.
By all means go after them for the violations. Just be aware that YOU have to front the cost of bringing a suit against them.
Good luck.
Cheri
Milwaukee,Wisconsin,
U.S.A.
NCO are pondscum and will continue to break the law and harass!
#5Consumer Suggestion
Sat, September 27, 2008
Me and many others are very familiar with NCO. DO NOT GIVE THESE IDIOTS A CENT OF YOUR MONEY, EVER! They are d****ebags who will continue to call and harass over and over and verbally abuse anyone in their path all in the effort to squeeze a cent out of you and line their pockets.
Me and my husband are filing for bankruptcy after my husband's mother died of Cancer and left us with alot of bills related to that time. NCO Financial was sent a registered letter with return receipt that contained an official cease and desist notice. I have full record of the notice along with the signed return receipt. The calls stopped for a while and now they called again the other day, BREAKING THE LAW! Once you send them a cease and desist letter and have receipt of that, once they break that law and harass you again, you can give the evidence to your lawyer and they will be fined $1,000 PER VIOLATION!! (Thereby giving you some money towards your case). We plan to do such as now we have full evidence against them and plan to lay the smackdown on them in court! I suggest you do the same! Maybe enough people suck the $1,000 penalty out of them they won't have enough money to pay their scum sucking minimum wage lackies trying to call you!