NCO- Anyone ever collect for violations?

[ABetterLifeSoon]

Hello,

I have sent NCO two cease and desist letters via certified mail. They have left two messages on my answering machine and continues to call. They also did not answer within 30 days to validate the debt. If I do take them to small claims court and win, what are the odds of me actually collecting $$$ from them? Have many of you actually won many of these cases? Seems like if there is a chance it may be worth the time.


Thank you in advance for your advice.

[trueq]

But I cannot elaborate.

[debtorshusband]

Originally Posted by ABetterLifeSoon

I have sent NCO two cease and desist letters via certified mail. They have left two messages on my answering machine and continues to call.

This is a violation of the law. Assuming this was a true cease and desist, demanding a stop to all communication, and not a "do not telephone, but send communication in writing only," which does not have any legal force.

Originally Posted by ABetterLifeSoon

They also did not answer within 30 days to validate the debt.

This is not a violation of the law. They can take as long as they want to validate, but they are supposed to discontinue collection activities, (including calling and writing) until they do send documentation.

Of course, it's puzzling to me how you can expect them to send you documentation when you have directed them to "cease and desist." Those are contradictory demands.

Regards,
DH

[trueq]

http://www.debt-consolidation-credit...ight=1st+FDCPA

[Dolemite73]

I have had the pleasure of cashing one of NCO's checks as well....can't discuss the particulars, though.

[ABetterLifeSoon]

Thank you for all your input. I'm going to go ahead and proceed.

[trueq]

When it comes to NCO...sue first...they are always guilty!

[admin]

Yes, I cannot add to specifics and tell you cases, but I know people have successfully sued them.

[Credithis]

Careful, after a full cease communications letter they are allowed to contact you one more time to let you know what they intend to do. A VM may not count as they did not talk to you.

[CarolinaBlueEyes]

I had a real blast with those pinheads.. they were fined one of the largest fines in history for a collection agency.. they sent me letters saying I defaulted on a payment agreement (UH NO, never had one.. and all my debts are clear and well out of the SOL).. anyway.. I got tired of them so I went online to the PA attorney generals office (the one that fined them ) filed a COMPLAINT.. and presto.. I got an apology letter from their legal dept and everything was removed from my credit report asap... they are bottom feeders but will back down if you contact the AG, and you can file the dispute right online. they were great about responding

[Adalida]

Maybe a bad place to post this, but here goes. I am also in battle with the beloved NCO. They have continuously called me to collect on two accounts after they have received my request for debt validation. They have not validated within the 30 day period. They are continuing to persue collections. This is also being disputed with the CRA's.

If I report them to an AG, who's AG do I report to? Pa or Arizona, where I am at?

[trueq]

If you did. Keep track of illegal phone calls. Lay them out on grid.

Even better if you detail who you talked to and get them to threaten lawsuit, garnishment, etc.

SUE THEM!

NCO is one of the most sued collection agencies out there!

They like to write checks in exchange for shutting you up.

[NightOwl1969]

Originally Posted by Adalida

They have not validated within the 30 day period. They are continuing to persue collections. This is also being disputed with the CRA's.

Note above post. They don't have to respond within 30 days. They just can't continue collections until the verify. It's perfectly legal for them to cease collections activities and NEVER verify. But if they verify to the CA's without providing verification and/or contact you, then you have them. And they will.....

If I report them to an AG, who's AG do I report to? Pa or Arizona, where I am at?

Both.

[Adalida]

Originally Posted by trueq

If you did. Keep track of illegal phone calls. Lay them out on grid.

Even better if you detail who you talked to and get them to threaten lawsuit, garnishment, etc.

SUE THEM!

NCO is one of the most sued collection agencies out there!

They like to write checks in exchange for shutting you up.

So how would I go about this? I know I can record them...but do I wanna set them up per se? Like antagonizing them and say something like "And what are you gonna do to me?" or any other jerkish move? Or just let them trip over their own mistakes?

BTW they are continuing to call. Nightly about 6 pm my time. Its been this time for about a week. I haven't answered yet, simply cause I want to make sure I get 'em right!

[pulpfiction]

NCO is a cakewalk, considering the trouble they've been in with regulatory agencies.

If you're going to send them an ITS, direct it to Michelle Lyon of Sessions & Fisher (if I remember correctly). She handles their compliance work (in other words, she signs off on the checks for FDCPA/FCRA violations).

Fire off a well-written ITS and 'draft complaint' and she will call you up to settle.

[Adalida]

What would be the best way to do this? Send my papers through NCO CMRRR or just direct it directly to her?

Oh and got 3 new letters from NCO today. One on an account that hasn't ben used/open since 2000 ( I know get me if you can) and two regarding my current disputes.

The demener in one letter is great too..."Since you are disputing this, it may appear you are in a better position to pay." Uh no!

My CR's still indicate the ongoing dispute. Have my green cards. Have more voicemails from last night and today. They are getting old and I want them to beat it!

[unusualsuspect]

Originally Posted by Adalida

The demener in one letter is great too..."Since you are disputing this, it may appear you are in a better position to pay." Uh no!

I think this warrants an FDCPA lawsuit. If you have not gotten a response to the DV letter, then I'd go ahead and file. Send a court stamped copy to Ms. Lyon.

[Adalida]

So I was gearing up to being the process of research to file a claim against NCO. I logged online and got a notification that there has been a change to my EX report. I checked it out, and NCO is gone from there. They are still showing on TU and EQ but I am surprised.

They were there last night and now, on a Sunday, they are gone. I am standing by to see what happens this week.

Still shocked but pleasantly surprised!