Greg
New Castle,#2Consumer Comment
Sat, October 08, 2005
I would write a letter back to the company listed on the letter. Tell the company since you have failed to notify about this debt in a timely matter. It has passed the Statue of Limitations on collecting this debt. Tell them It is also illegal to re-age the account FTC rules. Send them your bankruptcy discharge paper. Cut out your social security number, just in case this is a scam.
Greg
New Castle,#3Consumer Comment
Sat, October 08, 2005
I would write a letter back to the company listed on the letter. Tell the company since you have failed to notify about this debt in a timely matter. It has passed the Statue of Limitations on collecting this debt. Tell them It is also illegal to re-age the account FTC rules. Send them your bankruptcy discharge paper. Cut out your social security number, just in case this is a scam.
Greg
New Castle,#4Consumer Comment
Sat, October 08, 2005
I would write a letter back to the company listed on the letter. Tell the company since you have failed to notify about this debt in a timely matter. It has passed the Statue of Limitations on collecting this debt. Tell them It is also illegal to re-age the account FTC rules. Send them your bankruptcy discharge paper. Cut out your social security number, just in case this is a scam.
Ed
Lake In The Hills,#5Consumer Suggestion
Fri, October 07, 2005
First of all, NCO and Chase (as NCO would have to contact Chase to obtain any documentation that could be used for validation) both failed to validate the alleged debt within 30 days, so they are both out of luck and neither of them have any legal claims against you. I recommend contacting the credit bureaus and informing them of that shared failure to validate the alleged debt. Bankruptcy should've cleared away the debt. Assuming you did nothing to reaffirm it, you should be fine. Companies like NCO like dredging up debts that have already been dismissed and trying to collect them - they make money by collecting money, old, discharged, whatever. If they can intimidate someone into paying, then from their point of view they're ahead of the game. If NCO and/or Chase re-aged the debt then that's fraud and they therefore invalidated any legal claims that they might have otherwise had to collect the debt. If that is the case, then you in turn can sue NCO for FDCPA violations and Chase for negligent enablement of fraud. Both would likely be liable for defamation and libel damages as well. If they're reporting the debt to the credit bureaus then you can have it permanently removed because the statute of limitations of listing it has long since passed.
Ed
Lake In The Hills,#6Consumer Suggestion
Fri, October 07, 2005
First of all, NCO and Chase (as NCO would have to contact Chase to obtain any documentation that could be used for validation) both failed to validate the alleged debt within 30 days, so they are both out of luck and neither of them have any legal claims against you. I recommend contacting the credit bureaus and informing them of that shared failure to validate the alleged debt. Bankruptcy should've cleared away the debt. Assuming you did nothing to reaffirm it, you should be fine. Companies like NCO like dredging up debts that have already been dismissed and trying to collect them - they make money by collecting money, old, discharged, whatever. If they can intimidate someone into paying, then from their point of view they're ahead of the game. If NCO and/or Chase re-aged the debt then that's fraud and they therefore invalidated any legal claims that they might have otherwise had to collect the debt. If that is the case, then you in turn can sue NCO for FDCPA violations and Chase for negligent enablement of fraud. Both would likely be liable for defamation and libel damages as well. If they're reporting the debt to the credit bureaus then you can have it permanently removed because the statute of limitations of listing it has long since passed.
Anna
Fort Ann,#7Author of original report
Sat, September 10, 2005
I received a letter from New York State Attorney General's office stating "I am pleased to advise you that the company has agreed to our request to resolve your complaint. Of course, if the company fails to keep their commitment, kindly write to notify me. On behalf of Attorney General Eliot Spitzer, I am glad to have assisted you." Of course I am happy that they have decided to resolve my complaint, but I am very disappointed that they did not have to reveal where they came up with this fraudulent debt. The account number does not match any numbers on my bankruptcy papers and I know all of my debts at the time were included in the bankruptcy. I also filed a complaint with the FTC and got the standard reply. I am hoping they receive enough complaints to investigate this company. I currently have an open Chase credit card and contacted them asking if there is such a company as Chase Providian. I received a letter from their Card Services Executive Office stating that "I am writing in response to the concerns addressed to the New York State Attorney General's Office. NCO Financial Services will no longer contact you to collect on the account." I called their number and reached a very nice lady. I told her that I was concerned that no one would tell me where they came up with this debt and I was put on hold while she got my records. She could not tell me either and asked if I had contacted NCO and asked them. I told her I had and I felt it was a scam. I sent NCO a validation letter which they signed for on August 4th. I have received no answer from them. I am keeping all the papers as I expect NCO will try to collect it again or sell it to someone else. They made an inquiry at the Trans Union credit reporting agency in July and found I had excellent credit so apparently felt I was a good target. I believe contacting our NYS Attorney General's Office did more good than anything else in resolving this and I wish good luck to all others caught up in the NCO scam.