NCO and AMEX
Date: Thu, 08/18/2011 - 14:38
For about 2 years now I have been dealing with NCO Financial and my Amex account that has a judgement from 2008. I had ramped up my payments to about $200/mo which I can barely afford but did so anyway as I was my balance was in the last $1000 so I wanted to get it cleared before the end of 2011. I would always pay online and check my balance accordingly. When I thought i was making my final payment I decided to pay "in full" (what was reflected on my internet balance) and then found out that i still had about ANOTHER $1200 to go due to interest not reflected in my total balance! So after that I had stupidly made a verbal agreement to pay about half that and it would be considered "paid in full" with July being my "final payment" Come June I ran into some financial problems and had to change the date of my payment by 7 days. After a bunch of semi-threatening "good luck to you" they accepted the late payment and I would have one more to go. Unfortunately my financial situation had not changed AND the check bounced...twice. When I discovered this I called immediately to tell my situation and that as soon as I have the money I will get it to them. Well here we are in August about 30 days after my original due date and I have the money. However, now they are telling me that A. I now owe them the other $600. and now the best part B. I never had a payment agreement with them to begin with. ????? After begging to for them to reconsider I gave up and after a few insults hurled at me decided that I would no longer deal with them and have a lawyer deal with it instead. When I had told them that July was to be my last payment they taunted me with "do you have that in writing" and "we have everything recorded" I wouldnt be bothered by this but they are the only company making my life hell and shaking me down for money I do not have. Also going as far to call my mother, and informing her they are looking for me regarding a "financial matter" Isn't that illegal. She says I dont live there and that should be the end of it. They are not to disclose why they are calling, am I correct?
Long story short this is more about not wanting to deal with this harassment anymore and maybe having SOME kind of justice. I have no qualms with paying my bill, but this is not how it should be done. Any advice on what my rights are?
Thanks!
**I would also like to add that to this day I have never seen a copy of the judgement. I had given someone power of attorney in 2007 and I still don't know what transpired during this time (although I know the result!). The only way I knew there was one against me is when I went to the bank to deposit some money and found out all my accounts were frozen.***
***One more thing. I check my credit report monthly and all of a sudden my Amex account with NCO is no longer listed...what does that mean?"
NCO and Amex
Did you have a written agreement in hand from NCO prior to authorizing payments? If you did, this is proof of a payment agreement. If not...well, it's difficult to get collection agencies and creditors to honor a settlement agreement once it's been defaulted on. It can be done, but it's rare.
As far as the FDCPA violation, the bill collector is not allowed to disclose the purpose of his phone call when contacting a third party, which means he cannot disclose the fact that you owe a debt; however, if the person who is being contacted requests the bill collector to identify their employer, the bill collector may do so. This in itself can easily give it away, obviously. So, is it a violation to state that they are contacting you due to "financial" business? Probably not, but I'm sure others will contribute; it's definitely a gray area.
Wish I could be of more assistance, but that's all I have for now. If you reply and let me know that a written agreement was in place for your final payment, then I can definitely advise you further. Good luck!
Unfortunately, I do not have a written agreement. I ALWAYS make
Unfortunately, I do not have a written agreement. I ALWAYS make sure that I get it in writing, but I was overly excited by the fact that I essentially had 3 payments left and did not demand that I have it in writing. What's worse, is every time they send me my statement the amount being debited and the day it is to be debited on are blank! Whatever, I'll just pay them when I am able. However, I am going to do it all in writing as I refuse to be badgered by a two-bit who thinks they have power over me because I made a few financial mistakes when I was a teenager.
Did you ever look up your judgment on line? Request it in writi
Did you ever look up your judgment on line? Request it in writing from the CA? Get a copy from the courts?
The interest charged on a judgment is set by your state. Honestly, since there is a judgment you really dont have a leg to stand on...you didnt get the settlement in writing and they have the court order. They can easily swoop and start garnishing you if you do not pay as agreed.
I'm currently unemployed and recently became a full-time student
I'm currently unemployed and recently became a full-time student. (so I cant get unemployment) So I have no wages to garnish. My problem with them is that they are the only collection agency that is giving me a hard time about my situation. They are asking for a crazy amount of money per month that I clearly cannot afford. I always adjusted my payments based on what my income was, sometimes it was a lot, and other times it was less. but it has always been a minimum of $50 and they are saying that it is "not possible" and claiming I am refusing to pay. That's why I am no longer going to communicate with them verbally and only in writing.