NCI Correspondence
2015 Vaughn Rd Bldg 400
Kennesaw, GA 30144
PAT CARROLL: Chief Executive Officer – Bio: Joined NCI in 2003, Mr. Carroll was at Outsourcing Solutions, Inc. and its predecessor, Payco American Corp.,
GEORGE WILLIAMS: Chief Financial Officer – Bio: Joined NCI in June 2002. Mr. Williams worked as an Audit Manager with Deloitte, Haskins & Sells. He then served as Vice President, Senior Vice President and ultimately as CFO within the Equitable Companies, Inc.
HEIDI FISCHER: Collection Agency License Holder of Record –
NCI holds multiple licenses using variations of its mailing address, physical address, branch office addresses and the home addresses of its principals in each state that it is registered to do business.
http://www.ncirm.com/contact.htmlThe company is majority-owned by Canadian private equity firm, Bayshore Capital.
http://www.bayshorecapital.com/bayshore_companies.htmlNationwide Credit, Inc. (acquired in 2002)
With more than 2,600 employees in eleven global locations, NCI is a leading receivables management provider for business and government. After acquiring control of NCI in 2002, Bayshore Capital refinanced the company and recruited a new, experienced management team. NCI's customers include world leaders in retailing, banking, consumer services, utilities, telecommunications, healthcare, and federal and state government. NCI is headquartered near Atlanta, Georgia.
Additional Phone Numbers listed to NCI
770-933-6606
800-456-4729
800-540-6364
770-644-7400
800-898-1666
678-784-1039.
561-234-0311
866-505-9316
703-941-8073
703-813-1454
770-933-6656
602-379-2285
602-379-2102
602-379-1300
770-612-7227
Mr. Singh
Josh
Janet Hall
Other addresses of call centers
4700 Vestal Parkway East
Vestal, NY 13850-4750
607-621-4224
3600 East University Dr
Suite B-1350
Phoenix, AZ 85034
602-379-2260
3010 Corporate Way
Miramar, FL 33025
800-856-8610
3835 N. Freeway Blvd
Suite 115
Sacramento, CA 95834
916-563-1300
104-3962 Borden Street
Victoria, BC V8P 3H8
Canada
866-389-6161
Under federal law, debt collection agencies are allowed to contact individuals by various means, but they are restricted from contacting debtors at inconvenient times or places (e.g. before 8 a.m. or after 9 p.m.). The Federal Fair Debt Collection Law prohibits agencies from contacting individuals at their place of employment if the agency knows that the debtor’s employer disapproves. Debt collection agencies are barred from engaging in abusive and unfair tactics and misleading representations, including:
• Repeatedly or continuously calling with the intent to annoy or harass
• Placing telephone calls without meaningful disclosures of their identity
• Falsely implying that collectors are attorneys or that there is the involvement of an attorney in collecting a debt
• Falsely claiming that they are government representatives
• Falsely claiming that an individual has committed a crime or threaten arrest or imprisonment
• Falsely implying that the debt collector is employed by a credit bureau
• Collecting an amount greater than what is owed
Top 10 things debt collectors don't want you to know.
1. The More You Pay, the More They Earn
Collectors get commissions -- usually 30 to 50% -- on money they bring in, which often double or triple their salaries. This means they have a strong incentive to press for a big "down payment" from you, even if this deepens the cycle of debt. Collectors hoping for a big commission may claim that the boss insists on a big down payment. In fact, blaming it on a mythical manager is designed to deflect your anger away from the collector.
2. Payment Deadlines Are Phony
Payment deadlines set by collectors are meaningless. Collectors simply want to create a sense of urgency, because the longer it takes to get you to pay, the less chance there is of collecting the debt.
3. They Don't Need a 'Financial Statement'
Collectors often claim they need a "financial statement" from you, so they can work out a realistic repayment plan. You'll notice, though, that the information they ask for -- bank account numbers, references, place of employment -- is far more than they need for that purpose. They're fishing for information that will help them find you if you move or sue you if you don't repay the debt.
4. The Threats Are Inflated
Collectors always graphically detail the disastrous consequences of failing to pay a debt. "Your credit rating will be ruined," they warn. (Not mentioning that it's probably already not so good, since a collection company is after you.) "Your personal possessions, including your car, could be seized and sold at a public auction!" (Never mind that this virtually never happens; it's illegal in some states and impractical because of the expense.) Probably 95% of the time, collectors go after only bank accounts and wages.
5. You Can Stop Their Calls
You have the right, under federal law, to tell a collection agency to stop contacting you. Just do it in writing, and contacts must stop, unless they're to tell you that collection efforts have ended or the agency is going to take a specific action (like filing a lawsuit) against you. But you must be careful with this because if you leave them no way to contact you they will probably file a lawsuit on you. You can tell them to stop calling you or contacting you at work but don't send a full cease & desist because that will probably get you hauled into court and I'm sure you don't need or want that. The easy and painless way to stop them from calling your home and bugging you to death is to get a copy of my famous 18 questions and demand that they answer each and every one of them every time they call. Just remember that federal law demands that they give full and complete disclosure of who they are and the purpose of their call every time they call you and my 18 questions will ensure that they do just that. If you make them answer all 18 questions then they have nothing left to talk about so just hang up. The conversation is done anyway so don't let them start their harassment of you.
6. They Can Find Out How Much You Have in the Bank
A collector who has your bank account and social security numbers can probably easily find out the balance of the account. Because big banks now have automated account inquiry systems, the collector doesn't even have to speak to a human being; all it takes is a phone call to the automated voice-mail service. When the account number and social security numbers are punched in, the computer promptly supplies an up-to-the-minute account balance.
7. If You're Out of State, They're Out of Luck
Collection agencies routinely call out-of-state debtors to demand payment. But if a creditor has sued you and won, you are probably safe from enforcement action if you bank and work outside the state where the lawsuit was filed. That's because to collect, the collection agency must transfer the judgment to your state, which is prohibitively time-consuming and expensive.
8. They Can't Take It All
Certain income, such as social security, pensions and 75% of your take-home pay, is exempt from enforcement action. You can file a claim of exemption from a garnishment of the other 25% of your wages if it would cause you or your family severe hardship.
9. They May Not Know a Thing
Sometimes a collection agency lawyer, trying to collect a judgment debt, sends questions on a court form asking about your income and assets. (These are called "post-judgment interrogatories" or "information subpoenas.") This is good news for you -- it means that the agency has no information and is hoping you will be intimidated enough by this legal questionnaire to complete it. Many people do, because the forms list sanctions, such as fines, for not doing so. But normally, it is too expensive and time-consuming for an agency to go to court and force compliance.
10. You Can Pay Student Loans in Installments
If you are behind on student loans, you can apply for what every collection agency hates: "reasonable and affordable payments" under the 1992 Higher Education Act. If you can document financial hardship, a collection agency must accept as little as $10 per month for at least six months. As long as you make the payments, you are eligible for Title IV Student Aid, and you can continue the payments unless your circumstances change.
How it works:
A collection agency is a business that pursues payments on debts owed by individuals or businesses. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed. [1] Some agencies, sometimes referred to as "debt buyers", also purchase debts from creditors for a fraction of the value of the debt and pursue the debtor for the full balance.[2] Creditors typically send debts to a collection agency in order to remove them from their accounts receivable records; the difference between the amount collected and the full value of the debt is then written off as a loss.[citation needed]
Debt collection agencies have a reputation for engaging in threatening behavior, harassment, and coercion.[citation needed] However, in many countries, collection agencies are governed by laws that prohibit certain abusive practices. Failure to adhere to such laws may result in lawsuits or government regulatory actions.
First Party Agencies
Some agencies are departments or subsidiaries of the company that owns the original debt. First party agencies typically get involved earlier in the debt collection process and have a greater incentive to try to maintain a constructive customer relationship.[3] Because they are a part of the original creditor, first party agencies are not subject to some of the laws which govern collection agencies[citation needed].
These agencies are called "first party" because they are part of the first party to the contract (i.e. the creditor). The second party is the consumer (or debtor).
Third Party Agencies
The term collection agency is usually applied to third party agencies, called such because they were not a party to the original contract. The creditor assigns accounts directly to such an agency on a contingency fee basis, which initially costs nothing to the creditor or merchant except for the cost of communications. The collection agency makes money only if money is collected from the debtor (often known as a "No Collection - No Fee" basis). The agency will take a percentage of the amount collected as its fee, which can range from 10% to 50% depending on the type of debt (though more typically the fee is 15% to 35%).[3]
In the United States, consumer third party agencies are subject to the Fair Debt Collection Practices Act of 1977 (FDCPA). This federal law is administered by the Federal Trade Commission or FTC.
Sale of Debts
Another option for creditors is to sell their debts to the fast growing debt buying industry. This allows the creditor to generate immediate revenue from their accounts receivables, save infrastructure costs associated with managing collection agencies, and avoid the possible legal liability and public relations risks associated with debt collection.[3] This practice has developed principally in the USA but now the debt purchase market is burgeoning in the UK, Europe and Asia.
Debtors
The person who owes the bill or debt is called the debtor. People may become debtors because of a lack of financial planning on their part or careless overcommitment. Other people become debtors because of an unforeseen and uncontrollable event that disrupted their life. Examples include the loss of a well paying job, an accident that leaves them unable to work, or a sudden and serious illness.
In commercial collection cases, the debtor is a business. This includes sole proprietors, corporations, partnerships or individuals that incurred the debt for business purposes.
Finally, others are treated as "debtors" by a collection agency even though they dispute that they owe the debt. People in this category include victims of identity theft, people erroneously targeted due to a similar name, or people who otherwise dispute the validity of the debt. In the United States, such people can use the procedures found in the Federal Fair Debt Collection Practices Act, including the right to request validation of the debt.
Collection Practices
The modern business model is the primary reason for the many complaints brought against collection agencies[citation needed]. Debt collectors who work on commission may be highly motivated to convince debtors to pay the debt, often to the point that they sound threatening to the debtors. Most people are accustomed to being treated with a certain amount of customer service and often complain that they do not receive that treatment from debt collectors.
Many debt collectors find their jobs to be stressful. Their base salary is often low, requiring them to bring in enough money to earn commission. [4]
Collection calls
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Collection calls rely on repetition to motivate the debtor to pay. In the US, a call center may call the debtor's home up to three times daily, as prescribed by federal law. Most states also have rules limiting how debts may be collected. For example, in most cases California law does not allow call centers to place calls to the debtor if the call will cost the debtor toll charges or air time charges. If a person answers, the call center may track statistics (e.g the times and days when someone answers) in order to place calls at times when the debtor is more likely to be home.
Successful collection calls also rely on the skill and understanding of the collector making the call. Quite often a collector only has the first initial phone call to establish a rapport with the debtor and to help work out a solution to the debt owed. This may take the form of a payment plan or a discount on the principal amount that is owed.
In international debt collection cases the collection calls are often made in a foreign language. This is useful if the debtor's knowledge of English is limited and it is quite often this lack of English that is used as a debtor excuse for non-payment.
Collection account
Collection account is the term used to describe a person's loan or debt which has been submitted to a collection agency through a creditor.[1] The term is not used on debts with only original creditors.
The collection account normally appears on the credit report of a person (debtor) who has had one or more accounts referred to collection agencies, within the last seven years. [2] The name of the collection agency, and the amount of money a person owe, will be listed in the report. Also, in some cases, the agency's contact information is listed.[3] If a debtor pays off a collection account, the item will not be removed from the credit reports - it will simply be marked "Paid." [4]
Legal remedies in the United States
Most collection agencies in the United States hire outside collection lawyers. These collection attorneys frequently have considerable experience in debt collection lawsuits.
First, the lawsuit is filed with the court. Then, the debtor must be notified of the lawsuit by having the court documents served upon him or her, usually in person. The person presenting the documents to the debtor is usually a process server and usually works for a separate process service company, to avoid allegations that service was not done correctly. Depending on local laws, process may also be served by a local Sheriff’s Deputy.
Once the debtor is served, he or she must take some action to respond to the lawsuit, though the specific type of response depends on individual state law. If there is no response, the collection attorney will usually request that the court grant a default. A default judgment is one that rules in favor of the collection attorney because the debtor did not respond to the legal notice. Default judgment is almost always granted if the debtor does not respond to the lawsuit.
Once the collection agency's attorney has obtained judgment, he is empowered to take action to obtain the money from the debtor. A number of options are open, depending on the state the debtor is in and the status of the debtor's employment and assets.
Typically, the most effective method to collect on a legal judgment is to garnish a debtor's wages. The court will send or serve an order of garnishment to the employer. This requires the employer to deduct a certain percentage of the debtor's paycheck and forward it to the court, which in turn forwards the money to the collection attorney. Under Federal law, the amount of the garnishment cannot exceed 25% of disposable earnings or the amount of earnings exceed 30 times the minimum wage (15 U.S.C. § 1673). Some states have additional restrictions on garnishment as well. However, depending on the state in which the debtor resides, those who are earning less than $20,000.00 per year generally cannot be garnished by third-party collectors. Also, debtors who are already being garnished, especially in cases of child support, cannot have additional wages garnished.
A creditor who has obtained a judgment can also execute against a debtor's assets, such as automobiles, bank accounts, and real estate. Every state has specific restrictions and procedures regarding how and what may be executed against. These are often called "execution exemptions." When an asset (other than money) is executed against, it is usually sold, in many cases by a public official such as a sheriff. The proceeds, minus fees, are then given to the judgment creditor. Any excess proceeds are to be returned to the judgment debtor. Judgment creditors may also place liens on certain bonds the debtor may have with the government, such as the bond that contractors are required to have when operating a construction company.
Specific laws and procedures can vary considerably from state to state. Most states have Statute of Limitations laws that limit the length of time from the commencement of delinquency in which a collection agency can file suit.
Regulation of collection agencies
United States
Regulation of collection agencies occurs primarily at the individual state level as most states require collection agencies be licensed and/or bonded. In addition, many states have laws regulating debt collection, which agencies must adhere to (see Fair debt collection).
The Fair Debt Collection Practices Act is the primary United State Federal law governing debt collection practices. The FDCPA allows aggrieved consumers to file private lawsuits against a collection agency that violates the Act. Alternately, the Federal Trade Commission or the state Attorney-General may take action against a noncompliant collection agency, including issuing fines, ordering damages, restricting its operations or even closing it down (see, e.g. CAMCO). [5]
The FDCPA specifies that if a state law is more restrictive than the federal law, the state law will supersede the federal portion of the act. Thus, the more restrictive state laws will apply to any agency that is located in that state or makes calls to debtors inside such a state.
Canada
In Canada regulation is provided by the province or territory in which they operate. The law is typically called the Collection Agencies Act and usually affords a government ministry power to make regulations as needed.[6] However, the regulations typically limit the agency to three contacts with the debtor per 7 day period. Further, a debtor should not be contacted unless they have been notified in writing first that the debt has been assigned to the agency making the contact.[7] Most debts in Ontario, Canada are subject to a limitation period of two years. After the second anniversary of the last formal intention to pay the debt, the collection agency nor anyone else has authority to collect it.[8]
For further information, see the Ontario regulations section on prohibited practices.
See also
• Predictive analytics
References
1. ^ English, Dale (2001-12-10). "Sector specialization important when choosing collection agency (How to Hire a Collection Agency)". The Business Review (Albany, NY) 28 (36): S5(1).
2. ^ Palmeri, Christopher (2005-11-14). "Debt Collection Puts On a Suit". BusinessWeek (3959): 86.
3. ^ a b c Legrady, Paul (2005-09). "Creditors Exercising Options For Receivables Management". Business Credit 107 (8): 62-63.
4. ^ Salary.com, viewed March 15, 2006.
5. ^ Selected Commission FCRA Actions. Retrieved on 2006-05-09.
6. ^ Collection Agencies Act of Ontario. Retrieved on 2006-12-7.
7. ^ Information on collection agencies. Retrieved on 2006-12-7.
8. ^ Limitations Act of Ontario. Retrieved on 2006-12-7.
External links
• Fair Debt Collection Practices Act - Federal Trade Commission.
• Bill and Account Collectors - U.S. Department of Labor, Bureau of Labor Statistics.