NCO collection agency is threatening me. How to stop them?
Date: Mon, 05/22/2006 - 15:56
Submitted by Brooklyn Girl Fl Trnsplnt
on
Mon, 05/22/2006 - 15:56
Total Replies: 34
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.
NCO Collection agency
Here is one more example of the scary collection tactics used by NCO collection agency. They tried to hide their actual identity and presented as lawyers. This is indeed illegal and must be reported to the AG's office. Next time, if you get a call from them, get a recording device for legal use. Check the state laws before you do the recording.
If Capital One has your accounts, you don't have to work with any CA. Try to work out a payment plan with them and stick to it. Have everything in writing so that no other company tries to intimidate you.
Here are some of the discussions picked up for you to get a better understanding about NCO
http://forums.debtcc.com/forums/about6873.html
http://forums.debtcc.com/forums/nco-finance.html
http://forums.debtcc.com/forums/nco-ca.html
http://forums.debtcc.com/forums/about6156.html
866-742-5318
This company has been harrassing this number for months. When finally got to speak to someone, they were very rude and would not listen. A couple of days later, the same called and still would not listen to the fact that being off work on disability, there is no $$$ coming in enough to pay everyone. Now the "threats " are there with implications.
NCO Collection agency
Ward, it sounds like they acted like most debt collectors. Depending on the threats, you could have claims against the debt collectors.
NCO Collection
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.
NCO Collections
You know, I just posted a post about NCO before I found this one.
I did not realize that NCO collection agency did collections for credit cards, I thought only for medical facilities and medical treatments. Here in my state, that is the only thing I've ever seen them associated with.
Nco are a collection company
Nco are a collection company that also sometimes purchases bad debt.The important thing to remember is that they must follow the fdcpa to the letter.I would first of all send a dv/limited communication letter to them certified return receipt mail.Review the first two hyperlinks in my signature and use the letter in the third one. I would also inform them of how they wish to settle the violations already committed in that phone call. Lastly if legal record in your state as they are known to violate.If you cannot record start a communications log for these phone call violations.
NCO Collection agency
Just as a side note - I have my own company, and I get sales calls from CA's looking to "help" my business collect past due's all the time. According to them they will use "specific proven collection tactics" to collect my money fast! Of course there is NO way I would do business with them EVER - but that is how they describe the horror they put people through. Just thought you all would find that interesting
I have an outstanding bill with a creditor (2 months past due) a
I have an outstanding bill with a creditor (2 months past due) and I called to see about making some kind of payment arrangments with them and they explained that I would haev to call the outside collection agency which they told me it was OSI but when I called the 800 number I was given the recording said NCO financial services so I hung up. I am pretty new to this forum and have read about NCO that is why when I heard the recording I just plain hung up, I don't even know if I shoudl try to deal with them or not after everything I have read on here.....
Any opinions???
Any debt has limits after so many years they can't do anything
Any debt has limits after so many years they can't do anything 6 is the number here ....Dont admitt debt,or it can start all over.
Very scary tactics by NCO and ACF
I have two Capital One credit card debts that have gone over to collections -- one to NCO and one to ACF. I have lost a couple of jobs in a row and am in extremely hard times financially. Last night when I got home from work, there was a woman sitting in a car across the street from my home. She got out of the car and approached me, then followed me to the door of my home using threatening language and when I got inside my house, she yelled "you have been served!" and left some bogus legal papers on my steps. I was so scared, my heart was palpitating so hard, I thought I was going to have a heart attack. Please help! Who do I call? How do I get them to leave me alone?
Ellie, check with the county clerks office to see if the papers
Ellie, check with the county clerks office to see if the papers are real. Find out who the person was and have them charged with trespassing.
Ellie, speak to your local police department about this immediat
Ellie, speak to your local police department about this immediately. That is not proper service, regardless of whether the papers are bogus or not. You may well be able to press charges against that person for this, starting with tresspass, and working up from there. In my state [Vermont] she'd be looking at Criminal Tresspass and Simple Assault, for starters. Simple Assault is a felony, BTW. People go to jail for that.
Hmmm
So I sent a certified DV letter to NCO collection agency since they were on the credit report and low and behold I get a response letter in the mail and all it says is that they have no record of me having an account with them and that as of right now there are no accounts in their office pertaining to me.
What is this??? I was waiting to get the debt verified and this is all they sent. So what would my next step be???
I had that happen with them. They were removed from my credit re
I had that happen with them. They were removed from my credit report and haven't contacted me since. I kept the letter in case they tried putting it on my credit report again.
debt
Someone said, above, that OSI (?) bought out NCO? What does OSI stand for? I had several letters, from NCO, in the past. ..stating I owed debts that were 10 years old ( or longer). They just got rude and hung up when I was trying to ask questions about my 'account' with them.
I just started hearing from NCO and couldn't figure out why they
I just started hearing from NCO and couldn't figure out why they were calling me.
It turns out that I had a Capital One card years ago and defaulted when I lost 2 jobs. This debt is just about ready to be taken off of my credit report because it is almost 7 years old.
I guess NCO would try to see if they could get some money before the debt disappears.
What a bunch of low lifers!!!
These Folks are hideous!!
I am so sick of these companies being TOTALLY unmonitored, its like the wild west of debt policies, no protocol is followed and they don't care WHO they trample on the way, this is OUTRAGEOUS. We need to start writing our legislators to get these people to follow the LAW!
Recording Calls with Cap One
Just a note too all who have mentioned the recording of these harrassing phone calls:
Regardless of the laws in your state pertaining to telephone recordings; in order to be admissible in court both parties have to agree.
i.e- When you call Capital One, the VRU states that "This call may be monitored or recorded for quality purposes". - by continuing the call and speaking with an agent, you are giving authorization to be recorded and this cannot be taken back.
If YOU intend to record a conversation with Capital One and a) You do not tell the agent you are recording or ask their permisson, or b) You DO tell the agent and they say that you may NOT record the conversation, then it immediately becomes inadmissible in a court of law.
...for you. Capital One may still use their own recording.
Yeah, I am an Account Manager for Capital One, I have been through this many times with our legal team. And seen it in action in court. So think long and hard before you do it.
reply
got news for you.if we say we are recording and you stay on the line despite your protests.that constitutes consent.you don't want to be recorded then hang up.once someone informs you of the recording and you stay on the line that is consent.nice try though.i know this because someone close to me did that and they found it admissable.don't want to be recorded hang up.
Debt life
In regards to Krak213's comment about his debt being old and about to fall off his credit report, that is incorrect. Debt will fall off of your credit report as long as it stays with the initial creditor you owe. Once the debt is sold to a new creditor the time frame starts over again. So in reality if your debt is say 7 years old and scheduled to fall off of your credit report next year, the creditor will sell the debt to another collector. This begins the time frame over again.
Nope. If that were the case, NO ONE's debt would ever reach the
Nope. If that were the case, NO ONE's debt would ever reach the SOL as debts are shuffled around numerous times as the years go by....
My mother is totally on Social Security and had a couple of cred
My mother is totally on Social Security and had a couple of credit cards a few years ago. Due to hard times, she hadn't paid on them in awhile, but then this rep for Applied Bank called and we set up payments for 6mos and have now paid over $130 over her original $500 limit. Now, they are coming after her for abou $600 more for late fees and overlimit fees, etc. Is this legal?? Especially since she's paid off her original balance and then some? Can a Credit Card company/debt collector touch her SS?? They also bully her on the phone, so now she lets the answering machine take the calls. What can we do?
If I am correct no one can touch you mom's social security. I wo
If I am correct no one can touch you mom's social security. I would tell them that she is on SS and tell them to back off.
If she does direct deposit she may have to prove that is the only thing that goes into that account. The only thing that can be taken from SS is federal payment such as back taxes, child support i think and student loans. I hope I haven't steered wrong but that is my understanding.
Account Manager for Capital One...Hmm your REAL title please Uni
Account Manager for Capital One...Hmm your REAL title please Unit Manager/Front Line Manager Account Manager..Wow thats a Risk Rep. if they care to call themselves that. What I think these people don't need is a "manager" bullying people in debt. Keep that attitude up and the address for the call center will pop up here by some ticked off customer.
per message on Nov 26, 2008; NCO says they have no record of
So NCO says they have no record of you. Time to make the Federal credit bureau also validate or verify the NCO debt listed on your credit report per Federal Credit Reporting Act laws. If they can't do it, they have to remove it; and if they don't you sue the Credit bureau in a Federal Lawsuit!
There is no "Federal" credit bureau. It is the Fair Credit Repo
There is no "Federal" credit bureau.
It is the Fair Credit Reporting Act
perverted credit
My name is Joey and I am a credit specialist. I have been in the credit industry for fifteen plus years. I was a first and third party debt collector turned consumer advocate. I am currently applying for law school because of this rapacious industry, finishing a book on consumer rights and have fought and fighting the Colorado attorney general for not (I will repeat NOT) doing their job.
After seeing the story this morning I have to let as many people know what the truth is. Yes ??? every single consumer has rights under misc. credit laws. This one particular is the Fair Debt Collection Practices Act. However the FTC does not regulate collection agencies and this is where this industry has gone wrong. Each state has an attorney general with a uniform credit code department. This is who is supposed to regulate collection agencies but they do not. I have personally gone rounds with the Colorado attorney general to do their job but they refuse. They claim because they do not have the money but this could not be further from the truth.
I have spent the prior seven years doing what I can so these collector violations stop. I would also love to meet the attorney representing this case as many attorneys turn away from cases as this - so the absolute best of luck to you. This is an absolutely awful industry with no regulation whatsoever. I have personally been threatened even by laura udis and paul chessin from the attorney general to stop helping consumers. The sad part of this is they stopped me because collection agencies were complaining about me. I was making too much of a disturbance for both collection agencies and the Colorado attorney general.
Here is what every consumer should know for starters??? when a collection agency violates your rights you CAN and SHOULD sue them. The Fair Debt Collection Practices Act states clearly that the collection agencies should be charged one thousand dollars per violation. In other words -if you get five calls in one single day (as we know this is common for collectors to do) that is a five thousand dollar fine you can get them to pay. You can also use that against them; call them on it if you will, and have them put that fine against the debt you owe. This is what I did when I was a consumer advocate which is why they (collection agencies) started complaining about me being a nauseous. The collection agencies were losing money. Not because of me but rather because of their violations. But since collection agencies are so tight with most states attorney general (such as the Colorado attorney general) the attorney general came after me. However; I have not given up for consumers and I will not. I know what the collection industry is about and how they work. I know that no one ever wants to go after collection agencies because of the threats that come in - believe me, I live it daily. I hope this case brings precedence to new laws that need to be made. These are not the only consumers that live it daily.
Today is the day that our economy is bad. And because of this we will see more collection agencies arise as this is the most unregulated money maker in our country. I will do whatever I can in my power to make changes and fight the states but I need your help. If you are interested in lending your voice please visit me at email deleted...pm
note:solicitoty or personal info is prohibited per TOS RULES.