Collection Agency?

Question

I have sent a letter Certified return receipt to NCO financial. The letter stated that I wanted proof of a debt they claim I owe and also stated that from this point on I only want to be contacted via mail. I received the returned receipt back and it was dated 7/24 as delivered. Today I got another phone call from them claiming they have not received the letter. I told them that it was illegal for them to contact me but I want to know who do I complain now to that they are continuing contact?

Answer 1

When sending a limited C&D or a full C&D, they are allowed to contact you one more time. BUT, that contact cannot be for collection purposes, it can only be for telling you what they plan on doing with the acct - sell it, not continue to collect etc.

I would recommend before you start filing complaints on a single action, wait until they have committed more violations. If you file on that action NCO can just claim that it was done in error and probably walk away without even getting a hand slapped. Especially since it was a phone call and you have no proof of what was said. It would be your word against theirs (unless you have it on tape).

If they are reporting on your credit reports, since you have received the green card back, immediately send your disputes to the credit bureaus. If NCO verifys with the bureaus before validating with you, that is another violation.

They probably have violations on your credit reports, but you need to create a papertrail to prove that you have done as much as you can to correct it before filing complaints with the FTC, BBB and your states attorney general - or before filing a lawsuit on them.

Check out the site I've linked and do some reading in the newbie forum and then the credit forum.

Answer 2

Collection agencies are usually part of a larger group. Many purchasers of debt usually have smaller agencies manage the debt. Look closely at your credit report. Someone else is probably reporting (other than the original company where you incurred the debt). Many of these companies have escalations procedures. You can specify when you want them to call and if they do not comply, that is harassment and grounds for a lawyer. Don't waste any time. Contact a lawyer immeadiately, because some companies, though it's illegal, will play by their own rules. Keep a record of all communication and when they call so you can present that information to your lawyer to make a case.

Also, visit the FTC's website. It has information on the Fair Debt Collection Act - http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

Here's an excerpt:

What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Answer 3

1st start here at "The Better Business Bureau" On the front page you'll see where you can file a complaint on line. I used there service before and they helped me, I had a company charging me insurance fees after the loan was paided off, they wouldn't listen to me but they did listen to the BBB
Good Luck

http://www.bbb.org/

Answer 4

Tell them if they continue to contact you via telephone you will persue legal action with an attorney.