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National Recovery Center

Date: Mon, 06/14/2010 - 17:31

Submitted by anonymous
on Mon, 06/14/2010 - 17:31

Posts: 202330 Credits: [Donate]

Total Replies: 8


I don't know where to begin. I guess I'll begin by saying I'm tired of dealing with these people. It started mid May where I got the first phone call at work. I told them then that I cannot accept personal phone calls at work and I gave them my cell phone number, told them that's the only number they can contact me at. The guy said he would make a note on my account. They told me their 'client' is ready to take me to court if I don't pay what I owe them. He gave me the amount and said the last payment I made to them was in January of 2009. He said I have until the end of the week to come to an agreement on a settlement or they will tell their client that I was negligent. He told me an amount over the phone. I actually spoke to 3 different ppl because each of them had to get their manager. I told them to mail me their settlement, I def was not going to agree to anything. They were pushy for a credit card number or my bank acct. I refused. They sent it a settlement letter by email and by mail..but it was a way different amount than what was mentioned over the phone.

After receiving that letter, I felt they were full of crap. I got a voicemail from them saying I needed to contact them before a certain date or they will tell their client I refused to come to an agreement and to proceed with filing against me. The message said if they didn't hear from me by the end of the day, they would call me at work. Which they did and again, I told them I cannot accept personal calls at work. They're putting me in a position where I could lose my job. I called them from home that afternoon and told them there's no way I could pay what theyre asking for. I told them I could make payments and they right away said no. We ended the phone call by agreeing that they would send me an email with different options. I never received said email.

Last week, I got another call. Stating time is of the essence and I was running out of time to contact them and settle before they turned it back to their client and recommended filing against me. Again, the message stated they would be calling me at work if they did not hear from me. An hour later, a phone call came into my cell phone, a different number than they had been calling from. They did not leave a voicemail. Minutes later, that same number called my work number. I picked up the phone and the person just sat on the line. I called the number back from my cell phone and it was NRC, claiming they were just testing the line because they got a call from me or something off the wall. I told them again, I was at work, the number came across on my work caller id and for the 3rd time, I told them to not call my work number. They just apologized and went on to asking about the settlement. Asked if I can borrow the money from someone or some place. I told them I was at work and they were contacting me at an inconvenient time..and at the same time I told them I will not borrow that money from anyone, I do not have the money to pay what they're asking for. I can make payments..but do not have the money for the amount they're asking for.

Now I'm sitting here always worried that they're going to call me at work. I don't think anyone should live in fear of that, especially after asking them 3 times not to call at work. I don't mind the cell phone calls, I can tell them over and over what I have to offer, if they can't work with me, what else can I do?


Send them a cease and desist letter via certified mail telling them not to contact you at work. If the collection agency hasn't bought the debt you can also tell them you want to deal with the original creditor only. You can also ask for a full accounting.
Before you pay them anything I would also ask them to re-verify the debt and their right to collect if you can't get the account returned to the original creditor.


lrhall41

Submitted by OVLG Attorney on Mon, 06/14/2010 - 22:43

( Posts: 511 | Credits: )


I called HSBC, they said it's no longer in their hands.

I wouldn't mind dealing with these people if they would be more understanding and would work with me. The last time I spoke with them and told them I did not have the money they were asking for, they told me they would have to go through my work and garnish my wages. I live in Texas, I don't believe they can do that. I'm not sure though. If they can do it, I def. don't appreciate the threats or the scare tactics.


lrhall41

Submitted by on Mon, 06/14/2010 - 23:46

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First thing-get a DV letter out immediately-CMRR-with a partial cease and desist-meaning they can only correspond with you by mail only. You can find a template for a DV here on this forum-format it to your needs. make them prove what you owe and they legally own the debt and in Texas your better off. Make sure they are licensed there also. next time they call ask for your dunning letter they are required by federal law to send you that within 5 days of their initial contact with you


lrhall41

Submitted by on Tue, 06/15/2010 - 01:11

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Hiya...

First thing's first. They are violating both your state and federal laws all over the place. The one and only way for you to get them to play nice is to take the law to them.

In Texas, you have a law that says you can send them a written debt validation request letter. And that law says that once they receive that letter they cannot take ANY collection effort on this account until they provide you with proper written validation. The same law also says that they only have 30 days in which to do so, or they must PERMANENTLY stop trying to collect on the debt. Texas is the only state in the country that has that....so use it. Send them a certified letter ASAP telling them that you dispute their claims regarding this account and that you hereby request full debt validation. I wouldnt bother putting in there that they can only contact you by mail because the law doesnt provide any such statute. Many debt collectors will treat that as a full cease-contact order and you wont ever get any resolution that way. I would, however, make mention again that you have repeatedly informed them not to call you at work and they still continue to do so.

It is also against federal law for them to call you at work once they are told that you cannot get personal calls there. I hope you saved every voicemail message they have left you, because that one where they say "if we dont hear from you we're gonna call you at work" is dead-on proof that they broke this one.

The initial dunning letter may have been satisfied by their settlement offer letter.....they may have put the required disclosures of your rights on that one. If they did not, then definitely save that letter as it is now evidence. What it all comes down to is that at this point I would be suing THEM if I were in your shoes. They have certainly broken enough laws and they now owe YOU money because of it.


lrhall41

Submitted by skydivr7673 on Tue, 06/15/2010 - 15:21

( Posts: 2036 | Credits: )


Thank you for the information you guys are providing. I received a message from them today, from someone else that I haven't talked with but same company. He said the case is now in his hands and he would like to help me take care of it without having it go into legal action.

I have saved all voicemails. (including the ones stating if they don't hear from me, they'll call me at work) I'm trying to figure out how I can save those on something other than my phone since my voicemail erases messages after 20 days, I believe.

On the bottom of the settlement letter I received, it says:

"This letter represents an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance, James Robertson Parkway, Nashville, Tennessee 37243"

Once I send the Debt Validation letter and if they do happen to send something back to me, what do I do then? I've never had any experience with any of this so I'm pretty much worried and clueless, all at the same time.

Again, thanks for all your help.


lrhall41

Submitted by on Wed, 06/16/2010 - 20:34

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wow...

ok, so youre in Texas, and they are making a point of telling you that they are licensed....in TENNESSEE?? Thats actually pretty funny. I would be willing to bet that they arent licensed in Texas...check with your state's secretary of state office for that.

Alright, if they send you back something, let us know what they sent. Many debt collectors will send something, but it wont be legitimate validation. Let us know what they send, and we'll go from there. If it isnt validation, we'll basically call their bluff and remind them that under Texas law, they only have 30 days to get it right...as for your voicemails, go to radio shack and buy yourself a micro cassette recorder. Get one that has the jacks built into it that you can plug your phone line into and out of. That way you can put it directly onto your phone to record in the future. I have one and its been the difference between putting up with CA's nonsense and taking charge.


lrhall41

Submitted by skydivr7673 on Thu, 06/17/2010 - 05:46

( Posts: 2036 | Credits: )


i noticed no one bought up the bond issue.you see to even attempt collections in TEXAS whether a law office or JDB.the place must post a bond with the AG or DFI.if there is no bond posted they can't do a thing.skydiver is right on with the validation rules.this place must properly validate in 30 days,or drop the matter entirely.get that DV letter out asap CMRRR.then either watch said JDB dissapear,or sue them a good one yourself.


lrhall41

Submitted by paulmergel on Thu, 06/17/2010 - 14:02

( Posts: 15514 | Credits: )