Complaint Review: NCO Financial Systems - Inter Alia - Horsham Pennsylvania

I haven't been delinquent in any account for 10 years. Nonetheless, I recently received a dunning letter for $5808.12, of which was $2620.96 interest/$3187.16 principal for an account that comes out of nowhere. It appears that I'm in the crosshairs of NCO Financial Systems, Inc. Welcome to the club, right ;)

I checked, doublechecked, and triple-checked my Credit Reports and account statements for the past 5 years and find no reference to the alleged "obligation" that NCO references. When I checked on the Internet, I fell across this website, among others, which leads me to believe that NCO hasn't learned the lesson of $1.5 million it was forced to pay on May 13, 2004.

I called the FTC and d/l'ed the complaint and consent decree. Gosh! It certainly sounds familiar to me. However, being a reasonable kind of guy, I decided that I didn't want to "jump on the hamster wheel" at their direction. I choose, instead, to turn it back on them.

Perhaps you can use this initial response form letter to "persuade" NCO to refrain from further contact without being confrontational. Here in Dixie (SE USA), we find that kindness and politesse often work wonders during times of crisis and distress, and it often calls out the wolves for who they are when the light of day is shone upon them.

Here is the text of my "tell me more" letter. I hope it yields the desired results and will keep everyone posted as events unfold. I'd like nothing more than to box these rats into their own self-painted corner, but would rather avoid the hassles involved in the process far more. Enjoy!!

___________________

July 11, 2005

NCO Financial Systems, Inc.

507 Prudential Road

Horsham, PA 19044

RE: Account # XXXXXXXXXXXXXX

NCO/Assignee of Chase Prov

Principal Amount: $3187.16

Interest Amount: $2620.96

Interest Rate: 7%

Total Balance: $5808.12

To Whom It May Concern*:

I am in receipt of your correspondence of July 2, 2005. I've scoured my financial records for the past 10 years and can find no evidence that this account, amount, and/or creditor has ever existed in my life.

Please provide me with documentation to substantiate that the account in question is a valid obligation on my part. Pursuant to the Fair Credit Reporting Act (FCRA), I am requesting that you supply me with the following information:

1) The name and corporate address of the original Creditor opening/servicing this account as well as the original account number associated with the balance in question;

2) The original date that payment status allegedly fell into a state of delinquency and the original Date of Last Activity (DLA) according to your records as reported to a major Credit Reporting Agency (Equifax, etc.);

3) The date that a civil complaint, if any, was initiated in a court of jurisdiction, including which court and the identity of the original plaintiff;

4) The date that such complaint, if any, was ejudicated including identity of the court and venue;

5) A certified, notarized copy of the judgement, if any, that enabled the process of satisfaction of the debt in question to proceed;

6) The date(s) that efforts to satisfy judgement, if any, were initiated, including any specific efforts that may have been undertaken by your organization, prior assignees, or others of interest in the matter, to notify me of the obligation you assert prior to your letter of 7/2/2005;

7) The date that your organization obtained this account information that enabled you to contact me in this matter, including the source that sold and/or transferred this information to your organization.

At no point prior to your letter of 7/2/2005 has anyone contacted me in an effort to collect upon this alleged debt. Your correspondence is the first knowledge that I have of this matter. Why your organization has chosen to attempt to collect funds from me to clear this account is beyond my comprehension.

FCRA guidelines require you to respond within 30 days from receipt of this missive. In the interim, you shall not report this account to any Credit Reporting Agency while this item is in dispute, or you will be in direct and willful violation of both the Fair Credit Reporting Act (FCRA), and the recent suit of USA v. NCO Group, Inc (FTC File No. 992-3012) settled in the Consent Decree of May 13, 2004 (US District Court for the Eastern District of Pennsylvania). See attached. Failure to respond within the designated timeframe may nullify any claim that you may have against me in this matter. I anxiously await your reply to clarify the facts at issue.

Sincerely

Daniel R. Bogdan

___________________

I did have enough foresight to remove my phone/fax and e-mail contact from the header in my stationery, but in retrospect, I forgot to explicitly instruct them that the only form of contact that would be acceptable would be via US Postal Service, registered mail. Oh well, no need to re-invent the wheel, just tweak it to make it a bit better, right.

P.S. Did you wonder about the asterisk? Below my signature, I put a footnote which reads "This is an attempt to make a debt collector obey the law. Any information obtained will be used for that purpose."

The best defense is a good offense, it has often been said. I hope that my "shot across the bow" to NCO will be the end of this event in my life. Thanks for your website in revealing a seamy underbelly of this country's financial sector. Unfortunately,

I must also admit that it not outside of the realm of possibility that "someone" owes the amount in question and is apparently a deadbeat. NCO may not be without basis for filing a dunning letter, I suppose. All I ask, is that they get their facts straight before trying to shake me down.

Daniel

Forest Park, Georgia
U.S.A.

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