Complaint Review: NCO Financial Systems Inc. - Horsham Pennsylvania

Louis:

Sending out a Cease and Desist letter will stop the collections calls, and letters, however if they attempt to sue you, be sure to show up in court, and dispute the suit, as it violates the statute of limations. 

If you fail to show up because you think the judge will see the age of the debt, and throw it out of court, you are mistaken.  NCO will win by default.

This will require you hiring a lawyer, and spending money to defend yourself, but it is a necessary evil. 

Why do you think so many doctors settle lawsuits rather than go to court.  It is cheaper to pay out, than it is to hire a lawyer, and go to court.

But even then your problems wont end, because NCO will sell you debt to another agency, and you will have to go through the process all over again.

I should have looked at the state  you are from, from some states allow creditors to take your house, and garnish your wages, so be very dilligent.

Some times these agencies will send service to old addresses, so yo will not know you were served, and then they win by default.  next thing you know your paycheck is 70% lighter.

B E     C A R E F U L

B E     D I L L I G E N T

There is nothing wrong with the above advice, but I don't think you need to make it that complicated.

First, bear in mind that it is not illegal to attempt to collect on a debt that is time barred (past the statute of limitations). It IS, however, illegal to sue on such a debt. And it IS illegal to report such a debt to a credit reporting agency.

So, basically, the only means they have to collect this debt, within the bounds of the law, is to continually call you and send you letters.

This can be remedied via a simple cease and desist letter. Just google "cease and desist letter" and I'm sure you'll find some good templates.

With the C&D, you pretty much cancel out every avenue they have to harrass you, and you can forget about the matter altogether, without going through all the work involved with validation and dispute requests.

Best of luck!

NCO is scum and they will do anything to get paid.

First off look up the Fair Debt Collections Practices Act and read up on your rights.  Then send a certified letter with a return receipt and have them validate the debt.  They have 30 days in which to do so.  Ask them for proof that they now own the debt and legally authorized to collect it, ask for a complete payment history documentation from the original creditor, and copy of original loan contract that you signed with creditor.  They cannot attempt to collect during this time.  Keep all copies and green return card. 

If they cannot validate the debt then send any and all documentation and letters you have written to the credit bureaus that you dispute the debt and that they could not validate it.  The credit bureaus have to investigate.

You have to remember that NCO has one purpose and that is to collect money and they do not care who pays.  If this account is from the 90's they may not be able to validate the debt  Do all communcation in writing and if you talk to them on the phone record, but be sure to know what the recording laws are in your state.

I have an attorney working on a claim for violations and they agreed to a settlement.  It is not much, but at least it is something.  So if need be, there are attorneys willing to take these low lifes on.