How many times has NCO contacted you about this old debt? Do they continue calling you AFTER you've told them it was a bankrupt? Did you speak with them at all about it? It is not harassment, if they contacted you once and are not aware it is a bankrupt. Please provide more info and I will be able to offer some help on your half. Sometimes, (not saying you, but this is why I ask) people think they have a lawsuit because they get a call about a debt...but unless they have been notified it is a bankrupt and they continue to call you, then there isn't any case. You need to communicate that information to them first...then see if they use that in... more >>
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Good advice, DB. I hope I have you on my side if I should unfortunately be in this situation. I believe the poster is just fishing for some ambulance-chaser lawyer by the two comments:
'I think this is time for a class action law suit against this company.'
'This class action suit needs to include pain and suffering for the harassment!'
At least we didn't hear anything about racism. :)
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I too received the same type of letter and have made about 50 calls and was finally able to get through to them this morning (12/27/07). I told their representative (Gracie DeVille)that I have never had a Chase/Providian credit card. She started asking me if the last 4 digits of my social security number are ****, and I stated yes, but I have never had this credit card. She told me the debt went back to 1988 (FAR past any date that they can legally report to any credit reporting agency) and I needed to take care of the debt to clear my credit. I have NEVER received a bill, a request for payment from a debt collector, an inquiry or have an... more >>
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If the debt is 18 years old, they can do nothing about it. The limit of payments have expired years ago. When they call just hang up! They will eventually get the message!
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All the comments very much appreciated and helpful (and NO I am not looking for an ambulance-chasing lawyer!) The hassles of contacting this company, finding old records from 18 years ago, etc. are a pain in the#!@#, time-consuming and mentally-emotionally draining. Enuf said for anyone who has had contact with this company. I have set in motion contacting credit report agencies, Attorney General, but I cannot locate my bankruptcy lawyer from 18 years ago and several states away. I am not even sure I ever had the account in question. I am so glad I found this website and the comments /problems with this company. I have enough stress with stu... more >>
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If you're not sure you had this account, go to my blog and click on the link I have on it. It has many form letters for people in your position, print up a "Debt Validation" letter, send it certified with return reciept...withing 30 days of receiving it, the HAVE to send you the account information....if they do not, then they will be in violation of the FDCPA and you can have a lawsuit against them. Scroll through the letters and I'm sure you will find some that can help you.
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Update: I called NCO again and the first person to answer was a "Miss Bell". I asked her why I had been sent this letter far beyond the Statute of Limitations, especially since they had information on my bankruptcy and why they had run a credit report in 2005 and had not contacted me at THAT time if they thought it was a legitimate debt. She couldn't answer that, but said that the computer had sent out a LOT of letter in ERROR to people who had filed bankruptcy and she apologized for the error. She also explained that Chase could have taken over my account from a previous creditor that I had filed bankruptcy on. Stange that she and "Grac... more >>
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Actually, that is very possible. It happened when I worked there. They said it was a computer glitch...but it was actually human error in the corp. office in PA. A lot of letters went out because the person who was supposed to print out the new batch of accounts that were just turned over to us, accessed the wrong file and printed up letters for those accounts and they were mailed out...and yup, they were the bankruptcy accounts. This was about three years ago...All we (as collectors) were able to do was apologize and route the accounts back to the bankruptcy files. And hope we didn't get sued for it. I'd say 95% of the people, though upset, ... more >>
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The only person who makes any money on class action suits are the lawyers. If a person wants to sue they should get their own attorney and sue. With collection agencies, it isn't hard to prove a case against them as long as you keep all your records.
The bankruptcy case number and attorney's contact is all that is needed from the debtor. If they need any other information, the agency needs to contact the attorney.
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Sandman...this is NOT the place for free advertising for your law firm...pay for your advertising like everyone else has to...stop being an ambulance chaser!
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DB:
I'm not a lawyer. I don't work for one. However, I will confess to having handled my own bankruptcy using the forms from a book at nolo press. The only things the bankruptcy trustee kept asking me about in the meeting of the creditors was who was helping me. Given the unwashed miscreants handling their own BKs, that wasn't surprising. When he finally gave up on finding out who my lawyer really was, he congratulated me on a beautiful job & sent me on my way.
I figured I couldn't afford an attorney.
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Sample Letter:
NCO Financial Systems
PO Box 15630
Wilmington, DE 19850
RE: Acct # ANE707
VIA CERTIFIED MAIL RETURN RECEIPT NO. 7006 2150 0001 7567 1303
Dear Sirs:
I am writing in reference to your recent offer to settle an alleged debt in the amount of $9133.27 bought from Chase & Providian(Acct#:5431430010358957). You are hereby informed that this debt was discharged through chapter 7 Bankruptcy Case # 92-18009 filed in Federal Bankruptcy Court, Boston, MA on 8/6/1992 and a discharge order was entered on 12/8/1992. Harold Murphy was the bankruptcy trustee. You are acting in contempt of this valid bankruptcy discharge order an... more >>
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I always advise against class action suits...because the people involved ends up with maybe a few pennies...and the attorney ends up with a new car and a nice cruise. I feel if someone is going to sue, they are best off getting an attorney and sueing on their own. I've had credit companies that were involved in class actions...then I'd get a letter in the mail telling me I was intitled to 28 cents credit on my credit card for like four months. The dealership I bought my car from, had a class action agaisnt them, I got a check for $12.00 and coupons for discounted car repairs at the dealership...which triples their repair prices anyway...I cas... more >>
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...and as I stated in my second comment...I have the link on my blog that will take the poster to the website with all the letters needed.
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DB:
If the motivation is money, i agree with you. Class action is not the way to riches. I have enough of that already.
Rather, my goal would be to punish these guys, not get rich.
There is a pattern of behavior with them, and I'm not convinced they learned their lesson from the $120K settlement already against them covering their prior bad acts up to 2004. I am not convinced their behavior is accidental at all, and if not, their misery will be my mission in life.
See this.
http://www.lawcash.com/attorney/3345/nco-financial-systems-lawsuit.asp
I am a bright non-lawyer. I can do my own bankruptcy, or perhaps take these bo... more >>
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If they are going to go through the trouble of suing ... they should sue on their own and might as well be awarded the money if agencies (any collection agency) violates their rights. Why go through the trouble, just to put money in an attorney's pocket?
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DB:
I've already contacted an attorney on the web concerning this & haven't heard the word boo. Maybe they'll get more interested in it after I reaceive a few more letters from them, or after they report this to credit bureaus & trash my credit.
But if not, it may take several like-minded individuals out to put the hurt on these guys simply in order to effect change, or just get them to think twice before they send out bogosities in the mail like I received almost simultaneously with the other poster on this board.
Hurting NCO will certainly be worth it to me if I get one more letter, or phone call from them, or certainly if they tr... more >>
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I know NCO has and has had alot of lawsuits...and they do need to answer for any violations. But it really does depend on which site is handling these accounts as well. I know it doesn't make any difference to someone going through this...but I was the FDCPA/State Law trainer at the NCO I worked for and I monitored the collector's phone calls and out site never had a lawsuit brought against them in the 6 1/2 years I worked for them...from the day the opened their doors to the day they closed them (our jobs were outsourced)...I can tell you, I was tough on the collectors to make sure they did not violate the collection laws and they walked the... more >>
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The purpose of the bankruptcy law is a new start. These guys are in contempt of the discharge order. In my scheme of things, they should go to prison for that, same as acting in contempt of any other court order. That's the only way this sort of thing will stuff.
What I'm seeing in their past behavior (from the settlements & judgements) is illegality. It's possible that something like the RICO statute would have to be the appropriate big stick to use. There is recent case law supporting its application in civil actions as well as criminal (if memory serves, some dentists against insurers). Based on what I'm seeing (& hearing here), t... more >>
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I finally got through to a human being regarding my letter of alleged debt and basically once I mentioned the bankruptcy this alleged debt (may have...it has been 18 years ago claiming this debt is one I owe)was discharged in he (he hung up before I could get his name)said he could probably find the bankruptcy number in his files. Phone call was actually not adversarial at all but the representative hung up so fast I couldn't get his name or any other info so maybe that will be the end of it. I did value all the information I found on this company very much. I did call the PA Atorney generals office and it turns out the Philadelphia office is... more >>
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NCO Financial Epilogue:
"Dear XXXX
Thank you for your inquiry regarding the account listed above. Please be advised that this account is closed in our office.
According to our records we have not reported the account to a credit bureau. Please be advised that NCO Financial Systems, Inc. cannot effect a change as to how any other company may have listed the account on your credit profile. We appreciate the opportunity to respond to your inquiry."
So, I guess this means the matter is closed & they've dropped it, or what?
I finally did get some interest from a couple of law firms in going after NCO Financial... One attorney in ... more >>
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I would advise against talking with these jokers by phone. I've had good luck (apparently) disposing of the matter by certified mail (return receipt). If you MUST talk with them on the phone, I'd either get their permission to tape it, or at the very least maintain a log of all contacts with them (dates, times, phone numbers, who you talked with, what was discussed) in order to protect your rights.
Just my 3 cents.
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Yes...they said it is closed in their office...meaning they have (should have)taken your account out of their system and sent it to their bankruptcy department. There, they will just verify the bankruptcy information. BE SURE TO HOLD ONTO THAT LETTER...Make copies and keep them...FOR YEARS..you will want to have that , "just in case".
GOOD JOB to you!
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