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NCO collection agency is threatening me. How to stop them?  

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Hi all. I have been gone for awhile trying to straighten out my messes financially and having to start home schooling my oldest son. Anyway. my boyfriend had two Capitol One cards which we were making payments on up until about two months ago. We were just getting ready to send out a payment this week again to them when we got a call on Saturday from a guy claiming to be from a lawyer's office representing Capitol One. He said his name was Mr. Kalogeras and that he was from the Attorney Network, phone number 866-742-5318. He wanted to set up immediate payments ..... you know the way they work .... no payment plans .... pay in full or it goes to court etc., So now an acount which currently has a balance of about $4,000 has gone up by $2,400 - for their fees - BUT if we make the agreement with them immediately they will knock of 25% of the original debt owed to Capitol One("which we don't have to do". We told them that if we had that kind of money we would have paid them already. I asked if they had sent us any documentation sayinfg that they owned the account because as of the April statement it still said that Capitol One owned the account and nothing of it being turned over to anyone for collection. He said they are representing Capitol One ...yada yada. So I said well I have nothing in writing... etc. THEN he said he could do 3 payments of $1,000 each and trake that as settlement. Again we said if we had that money we would have paid Capitol One already. Finally he agreed that I should call Capitol One and speak to them but they will not be willing to work anything out with us. Remarkably when we did call them, they knew who my boyfriend was right away and that they were waiting for his call??? We offered to pay no less than $25 a week but the man he spoke to there said that they would not stop the fees and that the interest fees were over $150 a month alone. Actually the late fee is $35 and the interest is only $76. But he did not say he would not make an arrangement.

So today we went to call back Mr Kaligeras and see if we could set arrangements for $200 per month minimum. SURPRISE when the call went through it said "Thank you for calling NCO Services" So I hung up and started writing here.

First of all, we have to have something in writing correct? Secondly, calling and while he did not say that he himself was a lawyer he claimed to be from the Attorney Network - allowing me to believe that he was indeed from a lawyers office or a lawyer himself, isn't there something illegal about that? We want to pay the debt off but we just can't pay it all at once. As of today we have not gotten anything from the in writing saying that the account has been turned over to a collection or Lawyer. Help please.
 

asked May 22, 2006 03:56 PM

Brooklyn Girl Fl Trnsplnt
Best Answer
9
best answer

Hi brooklyngirl...

Wow, this is strange....two months behind and it goes to NCO that quickly. That seems fast...anyways, here is what you need to know.

1--under the fdcpa(federal law), it is 100% illegal for ANY debt collector working as a third party to claim or imply that they are an attorney. It is illegal for a collector to represent themselves as working for any company other than the one they actually work for. he claimed to be calling from the "attorney network"--this is a direct violation of the FDCPA. here is the statute for your reference:

FDCPA, section 807



Further down in the same section, this is also illegal:




Second, the rather large increase is something you need to address. You stated that the balance went up from $4000 to $6400. This is not legal. Well, let me clarify this--they can legally charge you any interest and fees that are permitted in your original credit agreement that was signed when the account was opened. But there is no way possible for that much interest to accrue in two months time as far as I can tell. Check the original agreement to make sure you understand exactly what charges they can legally tack onto your balance, but I think that this amount is very suspicious.

Third, your account is two months behind. Demanding immediate payment in full right now or you will be sued...well, there is a provision in the FDCPA that does not allow false threats....in the same section as used above--


Quote:

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.


I have severe doubts altogether that any creditor is going to immediately sue you for being two months behind. I would check further into this--unfortunately I am not certain about the law and how it relates to that, but I think that you might find a provision in the law that sets up a timetable of sorts. For example, with a car loan in my state(Louisiana), a car cannot be repossessed until after the consumer has fallen more than 60 days past due. You might find something there that will help on this one, you might not.

Ok, the bottom line in all of this. I would immediately look into your state laws. You are looking to see what your state law says about recording telephone conversations. Last I knew, twelve states required that all parties involved in a telephone call needed to be aware that the call was recorded, while all the rest of the states only required one party to be aware. If it is legal in your state, record the phone calls. Put a recorder on your phone, then call the guy back at "attorney network". Play dumb a bit--ask him about the original information he told you. Ask him why he called his company the attorney network when the number belongs to NCO. Get all of this on tape. Then, agree to nothing--NOTHING--with this person. End the call. Then, call Cap One. Inform them that you have recorded evidence of major FDCPA violations committed by the CA they are using. Inform them that you are considering a lawsuit against NCO because of it. You might see them immediately pull your account back from NCO because they want to avoid the damage.

You will then be able to file your own suit--against NCO. You will have all the proof you need on tape, and you can recover money from NCO because of this.

answered Jul 8, 2007 08:12 AM

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