Help with collections on credit report NCO Financial.?

Question

NCO financial keeps reporting I am in collection for $94 for an old utility bill. I have disputed this with them several times. I never paid them or received any letters from them about a collection. I never really was past due, and the account number they keep giving me is not what the Utility Company's account number for me is. The utility company sent me in writing the correct account number and proof that I have no balance.

NCO states:
Wrong account number
Wrong account dates (they list: date opened 12/2004 date closed 12/2004)
Amount sent to collection: $94
Amount due: $0

Utility Company sent me a letter that states:
Correct account number
Correct History (account opened in 1999 and paid in full; closed 11/2005 by consumer)
Amount due: $0

Should I personally dispute this with NCO again - or just dispute with the CRA's letting them know that NCO should be removed and provide a copy of the letter from the Utility Company proving NCO is wrong?

Answer 1

The letter that derrick posted is both a validation letter AND a FULL cease and desist - which will NOT work.
You either ask for validation or you send a full C&D, you cannot do both at once.
By including a full C&D in your validation request, if they send a response to your validation letter they would be violating the C&D.
After recieving a full C&D, they can only send you one letter - and that letter can only contain the information on what they plan on doing with the account. Which would be - suing, selling the account to another collection agency or turning back to the original creditor.

You can include a limited C&D instead - which basically says:

I am requesting, in writing, that no telephone contact be made by you to my home or place of business as it is inconvenient to me. All future correspondence by you must be done by USPS.

And as far as the licensing that is mentioned in that letter, be sure your state requires a collection agency to be licensed and/or bonded before including it.

AND as far as the mentioning of filing suit in that letter - NEVER make threats of filing if you have no intention of actually doing so - that may be considered a violation on "your" part.

I would say that if you plan on using that letter, cut it off after the request that they prove the statute of limitations has not expired. Then include the limited C&D that I posted above.

Send it certified mail return receipt
Do not sign the letter, print your initials or just type your name.

Now, onto what NCO states
The account number that NCO lists is, more than likely, their own internal account number and not the account number from the original creditor - not a violation.

The dates they are listing for date opened is, more than likely, the date they either purchased the account or the date the account was assigned to them - not a violation

Since they show a $0 amt due - the date closed is not a violation.

It looks like they had either purchased it or it was assigned to them, but then you had paid the orginal creditor and the original creditor failed to follow up and make sure that NCO deleted or never placed anything on your reports.

After you get the green card back from sending the debt validation letter to NCO, send a dispute to the CRA's.
If NCO verifies the account and it remains, send a letter to the utility company.
Also, file complaints about NCO with the BBB, FTC, your Attorney General and NCO's Atty. General.

If it comes down to it, you do have an option to sue if they verify with the CRA's and do not remove the trade line.

Answer 2

If that account number does not belong to you, then just send a dispute to the CRA's stating just that. They really don't need to know that you did have a different account with them, and that may confuse the issue. Also, sending the letter in stating you have no balance, will not change anything. As the current amount NCO States you owe is 0 also. You need to dispute the fact that it is not your account number.


Send a letter something like.

Dear Sir/Madam

The following account is listed on my Credit Report as an account that was sent to collections.
xyz utility
Acct#

I never had this account with xyz utility. Please investigate and remove this negative information.

Sincerly,

One other thing is that if it is from the Utility company, they should be able to look up the account number. If it is not yours the Utility Company should be able to contact NCO and say that it is incorrect information and have it removed. If you have not done this yet you might want to ask what they can do.

Answer 3

There are a couple of different scenarios: 1) Because you paid bank of america instead of nco, they didnt get the money and the account didnt get closed. You should ALWAYS pay the company reporting to your credit report no matter what. 2) You had more than one collections account and NCO is still collecting on one of them. 3) Your credit report can show you had a listing with BOA with a 0 balance because it's been sent to collections, not because it was paid. You need to contact NCO and discuss the matter with them. HAVE YOUR RECEIPT AVAILABLE WHEN YOU CALL NCO. There is nothing more frustrating than having someone call in to tell you they paid a bill without having proof available. It'll be a waste of your time and theirs if you don't have your receipt available.

Answer 4

Do all your disputes via certified return receipt requested, build the paper trail and then sue NCO. They usually settle for the 1k statutory for violating your rights, make sure that part of the agreement is that they remove the derogatory information.

Answer 5

READ THIS AND GET PAST THE OTHER ANSWERS OK?
I work for NCO, all you need is a validation letter and send it to them cerified mail, i am trying to attach one on this note:

YOUR NAME
YOUR ADDRESS
To: NCO // THEIR ADDRESS
Date:
Re: ACCOUNT NUMER
To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on March 30, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: * What the money you say I owe is for; * Explain and show me how you calculated what you say I owe;
* Provide me with copies of any papers that show I agreed to pay what you say I owe;
* Provide a verification or copy of any judgment if applicable;
* Identify the original creditor;
* Prove the Statute of Limitations has not expired on this account
* Show me that you are licensed to collect in my state
* Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: * Violation of the Fair Credit Reporting Act - reporting inaccurate information * Violation of the Fair Debt Collection Practices Act - continuing collection activity on a debt which has not been validated Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. Please and remove any derogitory information you have placed on my credit report at once.
REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your offices to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. It would be advisable that you assure that your records are in order.