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 Posted: Tue Feb 06, 2007 4:04 pm Subject: sent settlement letter, now getting calls again! |
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Ok, so I sent a letter proposing a settlement. I sent it to NCO who is handling the account for Amex (I called Amex and they said all my correspondence would need to be with NCO).
In my letter I said:
Please respond in writing to my mailing address. I am formally requesting that all correspondence take place via US Mail.
Since then the collection rep I have been dealing with has called my home and cell phone. Yesterday left a message on each, and today left a message on my cell phone.
In her message today she confirmed they received my letter (I haven't gotten the receipt back yet) and she said "I just need to know how you're handling this, please call me back"
My settlement letter was VERY CLEAR on the terms of my proposed settlement. I realize my C&D was not so clear in this letter and could have been clearer.
What would be a good next step for me here?
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BklynCatLady
Joined: 01 Feb 2007
Posts: 17
Debtcc Points: 630
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| Posted: Tue Feb 06, 2007 4:19 pm Subject: |
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send another stronger worded letter to them moonbats. Never "request" tell them "NO" contact when you send a cease & desist. There are several other posts around this thread talking about that subject. If i run across 'em I'll post 'em here for you to follow
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texasconsumeractivist
Debt Samaritan
Joined: 23 Jan 2007
Posts: 680
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texasconsumeractivist
Debt Samaritan
Joined: 23 Jan 2007
Posts: 680
Debtcc Points: 553
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| Posted: Tue Feb 06, 2007 5:06 pm Subject: |
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Keep a follow up on the phone. If you are writing another letter, mention one more point that after the account is paid, they will remove their reporting from your credit report. I am not sure whether NCO will do it, but if they are willing to remove the negative remark from your CR, get it in writing before sending your money.
I have not heard good things about NCO. Make sure they have you file from Amex. You must have a written track of everything in case there is something to dispute later.
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fatb88
Joined: 20 Dec 2006
Posts: 221
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| Posted: Wed Feb 07, 2007 6:47 am Subject: |
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Keep everything documented when dealing with NCO.
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CowampChicken
Joined: 20 Dec 2005
Posts: 3675
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| Posted: Sun Feb 11, 2007 6:07 am Subject: |
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NCO's not the worst collection agency in the world, but they're pretty far down on the list. Absolutely document everything that they say and do as well as all correspondence that you send to them. It's best not to work with them at all if you can avoid it.
Unfortunately, they are not legally required to comply if you tell them to communicate with you only in writing and not by telephone -- a "cease communication" notice, under the fdcpa, is an all-or-nothing matter. On the up side, of course, you are under no obligation to answer your phone, either; you can just funnel them to your answering machine, in which case everything they say to you is obviously recorded and available for your future use if necessary.
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DebtPadawan
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| Posted: Sun Feb 11, 2007 7:08 am Subject: |
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Debt Padawan,please tell me where in fdcpa that it states that I cannot do a limited c&d requiring mail contact only?
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cajunbulldog
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| Posted: Sun Feb 11, 2007 7:17 am Subject: |
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The "cease communication" clause of the FDCPA does not provide for ceasing only certain types of communication:
| Quote: | "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy." |
However, as you pointed out in another thread, it is possible to use the "inconvenient to call" clause to accomplish the same purpose, which I didn't realize when I made the earlier post.
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DebtPadawan
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| Posted: Sun Feb 11, 2007 7:21 am Subject: |
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Thats cool.No skin off my nose.Just wanting to give correct info to OP. Have a great Sunday. 
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cajunbulldog
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| Posted: Sun Feb 11, 2007 10:02 am Subject: nco |
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i have had a letter from nco as well they claimed i owe for some dvd for 11.00 then added a 40 dollor collection fee.. i sent a dv letter and disputed it and never heard from them again
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perry968
Joined: 18 Jun 2006
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| Posted: Sun Feb 11, 2007 11:17 am Subject: |
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hey thanks for the info about about the law. my NCO pal only called for two days, and left messages which I kept, and hasn't called since. I am now awaiting their response, which I expect in writing soon.
i have to say, I initially wasn't answering the phone at all BUT when she didn't reach me in their initial attempts to make contact (back when all this started) she started looking up old addresses and wound up calling my MOM. I was mortified. She didn't tell my mom anything, just kept asking mom for my contact info which mom wouldn't give. I couldn't believe it! I haven't lived with my parents for 10 years.
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BklynCatLady
Joined: 01 Feb 2007
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| Posted: Sun Feb 11, 2007 11:59 am Subject: |
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 Regrettly they are allowed to call third parties to find out your contact information.They are not allowed to disclose anything to these parties. Once contact has been reached and they know where you are located,there is no reason to continue third party contact.
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cajunbulldog
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| Posted: Sun Feb 11, 2007 5:10 pm Subject: |
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What is the rule for an original creditor trying to locate a person? I had a IPDL not the CA, but the original creditor contact my supervisor and gave her my whole financial information. I am appalled!!! What is the rule, since I was told the fdcpa rules do not apply to original creditor.
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lrhall41
Joined: 22 Jan 2007
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| Posted: Sun Feb 11, 2007 6:18 pm Subject: |
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lrhall41 There are no per say rules that apply to orginal creditor. You would have to check your state laws to see what can be found to relate to them.Now you may have a civil cause of action for disclosing private financial info but that is something an attorney would have to decipher.
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cajunbulldog
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| Posted: Sun Feb 11, 2007 7:02 pm Subject: |
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That is what I figured. This guy called my supervisor and told her how I am not paying my bills, that I made arragements with them and I stopped payment on the "check", etc. It was very embarassing. I didn't want my supervisor and the whole office to know about it. I can not afford an attorney to go after them, but thought that there might have been a law or something they might have been breaking.
Thanks for your comments.
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lrhall41
Joined: 22 Jan 2007
Posts: 204
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| Posted: Sun Feb 11, 2007 7:23 pm Subject: |
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lrhall41,
I forgot to mention if these calls are giving you stress,you may be able to file harassment charges at local police department.Imagine their face when the boys in blue come to pick them up! 
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cajunbulldog
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