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Posted: Tue Jan 22, 2008 3:25 pm Subject: NCO Group threats |
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I am currently dealing with NCO Group for my husbands citibank account. I'm not quite sure what to do, they say that I can only speak with 1 person and I think that he is spitting out lie after lie. He has been calling my mother and harassing her (my husband and I live with my parents but we have a separate phone number) even after I gave them my cell and my husbands to call, they call my mother sometimes 3 or 4 times a day. The first time i spoke with him he repeatedly asked me if my husband had a lawyer because they were requesting an appearance from him in court, each time i asked his name, what company he was with (i only know its nco because of the caller id), his phone number to call back, he answered with "do you have a lawyer?". eventually i hung up. I called him back a few days later and asked him what kind of payment arrangements we could set up and what their mailing address is. he asked why my husband wasn't working, which i told him my husband was self-employed but the business has since closed, he asked why he didn't get another job, i explained that he is in the process of working from home but for now I am working full time so we are using my income, he asked about his residency (his last name gives it away that he is from another country) and i told him that he is a permanent resident. he then asked why he came to the country, i told him on a tourist visa and then we got married and he became a resident. he insisted on knowing who invited him to the country and insisted that information is listed on his I-94... i'm guessing that he really didn't know what he was talking about because to obtain a tourist visa you do not need to be invited to the country and the only information listed on the I-94 is the date you arrived in the country and the expiration date... then when i told him this he said he would call immigration to find out... i also know that immigration alone would not have this information, homeland security is who he had to file through and they refuse to even give me (his wife) any information about his case so i doubt they would tell a collector anything. then when i asked for the mailing address he would only give me one to make payments at and he refused to spell out the street name or city and also didn't want to give me the zip code, just to irritate him i made him repeat it about 5 times... and in the end he said no payment arrangement could be made, that from my husband they would only accept a payment over the phone and 1 paid in full amount (which we don't have $5,000 right now or i would have paid it by now)... So i really don't know what to do from here, is he really allowed to threaten my husband with court and by contacting immigration? any help would be greatly appreciated.
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Posted: Tue Jan 22, 2008 3:28 pm Subject: i forgot to add something... |
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I also never received anything in the mail from this nco group and i still get citibank statements (i don't know if this information really matters but i thought i'd include it)
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Posted: Tue Jan 22, 2008 5:29 pm Subject: |
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Well, I'm no expert but I wouldn't provide him with any of the answers to the questions he asked. It's none of his business and has no bearing on the debt at hand. I wouldn't pay anyone who couldn't provide me with proof of the debt and an account number/reference number along with a verifiable mailing address.
Have you attempted to call the number that shows up on caller ID and requested to speak with a manager?
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Posted: Tue Jan 22, 2008 5:34 pm Subject: |
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I have called the number back and it just goes directly to the person i did find another number for nco which i did call and asked for a supervisor they said that the only person that i could speak with was the same guy... Should i start by sending a debt validation letter or should i keep calling and asking them to set up some sort of payment arrangement?
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Posted: Tue Jan 22, 2008 5:36 pm Subject: |
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I have dealt with NCO before and my experience is the exact opposite of yours. They were very friendly courteous and forthright with any info I asked for. Also worked with me to make arrangements.
Ask me about Legal Mediation Practice and I would describe what you are currently going through
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ezrunner
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Posted: Tue Jan 22, 2008 5:37 pm Subject: |
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Do not continue to speak to these people on the phone, you will gain nothing and can do some real damage. Call the number that's on your caller ID and try to get a mailing address that way. You can get a mailing address by googling them if you cannot get one by calling them.
Did the CA give you an account number or anything?
How long has this account been charged off?
You need to get the address and send a "limited cease and desist" letter, they then cannot contact you by any means besides the USPS. Send this letter Certified mail, return receipt requested and make sure you don't loose the part you get back.
Something does not make sense here, NCO is a pretty slimy company but I can't figure out why they would not give you the address, it almost sounds like it's a scam, they want the whole amount, the threats ETC. This seems over the line even for NCO.
Post telephone number that's on the caller ID.
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LoneGunman

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Posted: Tue Jan 22, 2008 5:58 pm Subject: |
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here are the 2 numbers that i have for them:
800 709 8654 (goes directly to the guy i'm dealing with)
800 220 2274 (is the number that i found for them)
The address they gave me is:
507 Prudential Rd
Horsham, Pa 19044
I only know how to spell it and what the zip is because i looked that up online as well. the account is just under 1 year old. Thanks for the advice!
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Posted: Tue Jan 22, 2008 6:24 pm Subject: |
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Hmmmmm that's NCO alright,heres a basic limited C&D letter. you do have their fax number so fax it also, you can Fedex the paper one if you want or just change the wording to USPS. Do not let your husband sign the letter, printing instead of signing is fine. I'd also pic up a cheap recorder in case they call you again, check your state laws to see if it's a one party or two party state, if it's a two party and they call after receiving the letter notify them you are recording the conversation. If they hand up document the date and time of the phone call and do not erase it from the caller ID.
This will stop the phone calls, NCO has also been known to sell the debt once they get a C&D, they move on to easier prey.
1-17-08
CA name Re: Cease and Desist Letter
Street
City, State, Zip
Tel
Fax
Me
Street
City, State, Zip
Acct #
File #
To Whom it may concern,
Effective immediately, please do not contact me by telephone, you may use the above address to contact me. If this continues after you have received this letter, I plan to file a complaint with the FTC as well as pursue any legal action that is available to me. I am sending this letter by fax, as well as by Federal Express to your office.
Thank you for your attention in this matter.
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LoneGunman

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Posted: Tue Jan 22, 2008 6:31 pm Subject: |
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Also, Please register on the site when you get a chance, if you need to ask another question no one will know it has something to do with this one because of the "guest" name.
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LoneGunman

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Posted: Tue Jan 22, 2008 8:11 pm Subject: |
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But, I thought that NCO promised Pennsylvania AG they'd re-evaluate such such collection practices as a part of their multi-million dollar fine by his office. First, you don't have to tell this person, or NCO, anything. The information about your husband is none of their business, and if they were to call immigration authorities (which they won't), they'd be told such. Detail in writing the time and date of this call, and in future record the call, if legal in your area. The first time you spoke to him, he broke the law, "requesting an appearance by him in court". If you chose not to deal with them by phone (I wouldn't), send the partial cease communications letter posted above. If they call again after getting the letter, sue them.
_________________ He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
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LawStudent
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Posted: Tue Jan 22, 2008 8:20 pm Subject: |
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thanks for the sample letter, i'll be sending one tomorrow. Do you think i should also send the debt verification that i've been reading about on here? i am registered now because i'm sure i'll have more questions. thanks for your help!
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sarah

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Posted: Tue Jan 22, 2008 8:55 pm Subject: |
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Credit reporting agencies (CRA's) verify, collection agencies (CA's) validate. Is the debt listed on your husbands credit reports now (im assuming it is if it's with a CA already)?
I wouldn't send them a DV just yet,do you know when the "date of last activity" is on the account? In my opinion the most important thing now (if you are within the statute of limitations) is avoiding a law suit and the judgment that goes along with it (if they win).
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LoneGunman

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Posted: Tue Jan 22, 2008 9:02 pm Subject: |
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i believe it is in his credit report. To be honest i don't know the exact date of the last activity with citibank but it would have been about 1 year ago. And i don't know when nco took over the account, they began calling last october but we never received anything in the mail...
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sarah

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Posted: Tue Jan 22, 2008 9:43 pm Subject: |
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Okay so it is well within the SOL (meaning they can sue). One thing you want to be sure of is if you do get served you want to make sure you go to court, if you do not they win (default judgment) you can usually work out a payment plan right at the courthouse if you have to. I don't know how often NCO sues.
Is your husband behind on other credit cards or loans? You may want to check out debt consolidation (free consultation link on the right)
I don't know how often NCO does sue, what I personally would do is send a demand for validation (DV) to NCO through the USPS using certified mail return receipt requested (CMRR), once you get back the receipt saying it's been signed for I'd then dispute the debt as "not mine" with the CRA's
The CA only HAS to validate the debt within the first 30 days of the initial contact BUT if the debt is being reported to the CRA's they must not send any information to the CRA's unless it's also marked "in dispute". When you dispute the debt with the CRA's they will attempt to verify the debt with the CA, a lot of times the CA will verify the debt and not mark it "in dispute" as they are required to, this is a violation that can be used against them.
As I said, the above is what I would do, you can push too hard sometimes and make them push back (lawsuit)
Another alternative is to work out a payment plan, if you do make sure that you can keep up with the payments as the "date of last activity" would now be the date of your last payment. If you pay for two years and then stop it would stay on your credit report for 7 years from the last payment you made.
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LoneGunman

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Posted: Thu Jan 31, 2008 11:28 am Subject: |
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So i sent the cease and desist letter cmrrr and by fax and i even got the green card back in the mail. they did stop calling my mother as far as i know but they are calling my husbands cell phone and leaving messages. we never did get anything back in the mail. should i send them something else or try and call? i didn't send the debt validation letter yet, if i should could someone help me write one? Thanks for your help!
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sarah

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