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What do I do if National Credit Adjusters try to collect an old debt?

Date: Sat, 09/22/2007 - 08:51

Submitted by anonymous
on Sat, 09/22/2007 - 08:51

Posts: 202330 Credits: [Donate]

Total Replies: 31


Hey my husband recently received a letter from National Credit adjusters for a whopping $33K on a car that he sold back to the dealer in 1996 and paid the difference. Now this company sends a letter and says that he owes this ungodly amount. Crazy enough the company that they supposedly bought this from went bankrupt in 2002 and just got back on its feet in 2003. But I saw that there were a number of people having issues getting information from the main company. Any ideas and has anyone else had headaches with this company.


Eeek! This is eleven years old! I'll bet you never thought this would come back up! I googled them and this is what I found...



This is just one of the things I saw about them. Google this site and I'll bet you find tons of stuff. They are also involved in several law suits...They sound horrible and I would try to be done with them ASAP...It doesn't sound like you have anything to worry about. Your husband sold the vehicle back to the dealer. Did you happen to keep paperwork on the transaction?


lrhall41

Submitted by eleroo on Sat, 09/22/2007 - 09:26

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Thanks for the insight. I told the idiot that called my house that I wanted to see proof of the debt and he got upset and hung up. I am in the navy and i will be taking this letter to our fleet and family service center, so they can add this company to our list of companies to watch out for. It pissed me off because my husband and I are financially responsible. We did the burying ourselves out of debt years ago and we do everything we can to protect our credit. I don't know if he still has the paperwork from when he sold it back. But he is out to sea but I will be doing what I can from my end to end this nightmare. Can you post a link to any of the law suits they are involved in. Thanks for the advice.


lrhall41

Submitted by valp1014 on Sat, 09/22/2007 - 09:35

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Here is the link for the info I posted before:



Here is a link to a ripoff report they have: (I'm sure there are more)

http://www.ripoffreport.com/reports/0/128/ripoff0128516.htm

Here is one suit:

dockets.justia.com/search.py?query=national+credit+adjusters&l=50&mode=rss - 10k -

Go to google.com and there are pages upon pages of stuff about them. They are very sleezy it seems. You are right to take it to be added to the list of companies to be wary of.


lrhall41

Submitted by eleroo on Sat, 09/22/2007 - 09:45

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The crazy thing is we are both on active duty. I was looking the SCRA to see if that covered us. But I think I will also take this letter along with the other information to our legal office to make sure that this gets addressed properly. I told the guy who called that there is an advisory out that this company is on the list for unscrupulous collections practices and he got mad. He said that they were part of the better business bureau, which I saw that they were, but he said for my husband to call him to pay this debt and hung up. (yeah right I really have $33k lying around for rainy days) He sounded a little upset.He will be ok, but I think I need to make sure this company gets put on blast for their practices.


lrhall41

Submitted by valp1014 on Sat, 09/22/2007 - 10:05

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This collection agency "buys" old debts and attempts to collect on them. You did send them a debt validation letter, right? And even though they may be a "member" of the Better Business Bureau, this may mean nothing. To be a "member" of the Better Business Bureau, all you have to do is pay the fee to become a "member". This does not mean they are a "good" business. As you can see from what eleroo has posted for you.


lrhall41

Submitted by cannr on Sat, 09/22/2007 - 23:56

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Oh, yes! I really should have mentioned that! Thanks, ang! Of course, I did file with them thinking "Well, here's a nice complaint against one of your 'members'." LOL!


lrhall41

Submitted by cannr on Sun, 09/23/2007 - 05:53

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Cannr is right, just send them the debt validation letter, certified mail, return reciept requested. Also, if (according to your user name) you do live in VA, the SOL for written contracts listed as 5 years, Meaning this is at the very least a zombie debt buyer, its done, gone, burried. If it's been more than 5 years without any activity on the account then they have no legal ability to collect on it. Since you said your husband sold it back and paid the difference, it is a question about the company who now has possession of the vehicle and their records. Thankfully once you send the debt validation letter the burden of proof becomes the collection agency's, not yours. So in short/recap, send the DV letter out, (keeping in mind that they must cease all collection activites until they can provide validation) and don't hold your breath for a response. :lol:

Regards

JCEMT


lrhall41

Submitted by JCEMT on Sun, 09/23/2007 - 05:58

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I saw that the letter said that the original owner was another non prime lender, who had a history of shady practices before it filed for bankruptcy. The original owner was Union Acceptance Corporation. So that probably didn't help either. I am still trying to figure out how they came up with this ungodly amount of $33k to ask for....and to really not know anything about this account, (we didn't even know each other at the time)...I need a whole lot of explaining to make me even think about paying a dime towards that amount...heck that is a new car, a 2008 model. Paying on a 1994 Mazda 626 that probably isn't mine or probably even running, is not on my to do list.


lrhall41

Submitted by on Sun, 09/23/2007 - 08:44

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I know! They are crazy! 33K? They didn't even come up with a reasonable amount to try and collect! I couldn't even afford that much for a new car! I guess they want you to go to your crop of money trees in the back yard and pick 33K.
Hmmm...Money trees...If only they existed. :-)


lrhall41

Submitted by eleroo on Sun, 09/23/2007 - 09:20

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When you fire off that DV, if they don't have documentation, it's going to become a chain of custody isue. Which is probably going to be hard to do since junk debt buyers are generally pretty lousy with that kind of documentation as it generally creates the kind of paper trail that they don't like to have. Besides, like I said the SOL is 5 years, it's been 11. So thats 6 years out of the SOL for VA. Pretty much with the alleged debt being out of SOL, they are SOL. They can't sue for it unless something is done to restart the clock (in other words; don't make any promises to them on paying it or setting up a payment arrangement)

Regards

JCEMT


lrhall41

Submitted by JCEMT on Sun, 09/23/2007 - 14:44

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jcemt, just reading your responses. Thank you for posting great information! This is the kind of information that will help this member, myself, and others. Thanks! :D


lrhall41

Submitted by cannr on Sun, 09/23/2007 - 19:14

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No problem, I know what it's like to be hassled by junk debt buyers, and what it's like to be abused by CAs. I want to do whatever I can by spreading the knowledge that I have gathered thus far so that other people won't be bullied into paying for things that they no longer legally owe (or never owed to begin with) I also found out that when a business just charges off an account, they can file it as a profit loss via bad debt, thusly granting them a credit on their tax returns.


lrhall41

Submitted by JCEMT on Sun, 09/23/2007 - 21:50

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Thank you, jcemt! You are great! And sharing your knowledge is just what we need! You are an asset! :D


lrhall41

Submitted by cannr on Sun, 09/23/2007 - 22:03

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Can they be trusted and are the legal in all states?


lrhall41

Submitted by on Wed, 09/26/2007 - 08:36

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this may be a dumb question but how do i get a dv and this company just sent me a letter stated i owe 290.00 and they guy called me and was very rude if i dont pay this company can they have this information placed on my credit report?


lrhall41

Submitted by on Tue, 10/02/2007 - 13:10

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Write them a DV letter, a cease and desist letter and put them on notice that your spouse is military and by law you are also considered military. Retain an attorney and put them on notice that they are to deal directly with the attorney.

Chances are these bunch of geniuses don't get that even if they file a lawsuit, the case will be 'stayed' until your husband returns from active duty. That coupled with the major SOL violation as well as the questionable debt will make them cut their losses.

It will cost them way too much time and money to have this thing disposed of.


lrhall41

Submitted by on Tue, 10/02/2007 - 19:33

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brownsuga - do you need a debt validation letter to send them? Is it National Credit Adjustors?


lrhall41

Submitted by cannr on Tue, 10/02/2007 - 20:29

( Posts: 9317 | Credits: )


I would like to know what you think about this.My wife had a car repossessed 11 years ago give or take.I got a letter in the mail last week from national credit adjusters stating that she owed $14967.54 and needed to pay now.I called and left a message as a I opened the letter.No return phone call came back.Last night she recieved a call from a lady named linda about the repo demanding money.My wife hung up and called me to tell me what was going on.I called the phone number from the caller id no answer.I had to call several times and finally got to speak to linda and she started to threaten me then tried to offer a discount one time payment of $6200 to pay the debt off.I asked for proof of the balance after the car was auctioned off she didn't have any info about what happened.Just so you know there was never anything written or expressed about the car after it was taken.linda didn't even know what bank held the original loan.In this case which is similar union acceptance company was the bank which issued the loan the filed for bankruptcy protection years later in 2002 and then reopened as white river capitol in 2005.vision financial got the info and sold it to national credit adjusters and then they tried to get money from my wife.There is a lot more details that go along with this but I see it is long already.They can't prove there is a debt.The bank said when the car was repoed that if there was any further debt she would be notified.Not one letter or call in 11 years.what do you think?
p.s. there is a ton of legal steps that have to be taken when the repo happens which in our case were not done.


lrhall41

Submitted by on Thu, 10/25/2007 - 17:17

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guest, well, I'm not an expert here regarding this; however, by law you & your wife can demand debt validation from National Credit Adjusters. They will more than likely never be able to validate the debt. All collection activity is to be stopped while the debt is being validated. You have to demand debt validation in writing. However, like I said (and you said), they will never be able to validate the debt. I sent National Credit Adjusters a DV letter. No response. I sent a "follow up" DV letter just a few days ago. I know I'll never hear from these people again. They can not validate the debt.


lrhall41

Submitted by cannr on Thu, 10/25/2007 - 17:39

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well since NCA buys pdl debt do this if you can.recall

1)who the lender was
2)how much was borrowed
3)how much was debited
4)state you reside in

you see since the loan was most likely internet and therefore most likely illegal you only owe the principle borrowed.if the amount in line three meets or exceeds line two you owe nothing to anybody.see if you can come up with that and send NCA a DV letter certified mail return receipt in the meantime.just know if the principle was 600.00 unless the original lender debited nothing you don't owe 600.00.


lrhall41

Submitted by paulmergel on Sun, 03/06/2011 - 05:47

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