NCO Financial

John,

Although I advocate call blocking all the time, and I do know what thugs the folks at NCO are, if you have a collectible debt of any size that they are trying to collect, your strategy may leave you in a bad position.

It is much better to deal with those sorts of issues according to Hoyle (er, FDCPA).  Then, if they ignore process, your approach is fine while you document impermissible calls for your attorney to use in a counterstrike.

As always, http://www.ftc.gov/os/statutes/fdcpajump.shtm is your friend.

I feel the law is very clear on this issue regarding you not being the debtor; and as the debtor you have a way to stop the calls (which you may, or may not wish to apply).

For those who wish to follow along, here are some valuable links in your arsenal:
TCPA-FCC
http://www.fcc.gov/document/telephone-consumer-protection-act-1991
FDCPA-FTC
http://business.ftc.gov/documents/fair-debt-collection-practices-act
What the FTC does:
http://www.ftc.gov/os/2013/02/130213cfpbreport.pdf


The information you reference that they abuse is the following from the FDCPA, specifically
§804.(3)
§ 804. Acquisition of location information
Any debt collector communicating with any person other
than the consumer for the purpose of acquiring location information
about the consumer shall—
(3) not communicate with any such person more than once
unless requested to do so by such person or unless
the debt collector reasonably believes that the earlier
response of such person is erroneous or incomplete and
that such person now has correct or complete location
information;

So, if you are NOT the debtor, I believe the following will get you results with any valid debt collector:

1. Write a letter identifying yourself.  Inform them you are not the person they are searching for and that you do not have the information they seek.
2. Tell them, from the date of the receipt of the letter and forward, you welcome any calls they make as they are worth $500.00 to you; and at this point you intend file a lawsuit after they have made sufficient calls to prove it's worth your time. Two or more calls would be sufficient.
3. Sign and send via mail with return receipt.  You do not need a signature, only proof they have received the letter.

I believe that the most they will call you back is a: once, and b: never.  If they do, use your answering machine, or a telephone bugging device: the law only requires that 'one' person know the call is being recorded (that's you).  Keep these records, and do file a suit if they continue.  These cases are getting easier to litigate as more and more courts rule against them.

Just consider that if they continue to call and harass you that they must need to give you money, and accept it with gratitude.  Each time they call; repeat the information contained in the letter, that: you are not the debtor, and you don't know anything about the debtor.  If you like, just to irritate them, tell them this is the nTH call, where n is the number of $500.00 you will get with the lawsuit.

If you ARE the debtor, your only recourse is to either 1. Pay the debt, or make arrangements to pay the debt, or 2. Take another action.

If you *PAY* the debt, start payment, or sign an agreement to pay back the debt, you will reset clock on the statue of limitations on the debt, and must continue to pay them or the calls start again, and will continue until you either pay it off, or take one of the actions below.

If you *DON'T PAY* or don't want to pay the debt you have two options as listed below:

A. Write them a letter per FDCPA § 805(c) "Ceasing Communication".  However, they may open you up to litigation as the debt collector will have no other recourse.

B. Put up with the calls until the statue of limitations has passed:  At which point you may write them a letter per FDCPA § 805(c) "Ceasing Communication".  First check with your state regarding the statue of limitations for your type of debt.  Years and your rights vary from state to state.  For South Carolina and credit card, signature only - no collateral debts it is three (3) years.

If the statue of limitations has passed, and you have sent them a letter, they may only contact you through the mail. And only to inform you of FDCPA § 805(c) (1), (2), or (3).

If your debt is past the statue of limitations and the company decides to litigate, you may need an attorney.  But, the argument in court is merely to inform the court as to your defense that the debt has passed the statue of limitations and request a dismissal to get a ruling in your favor.  The attorney, if you have one, can confirm this.  NOTE: all statue of limitations complaints are a state matter, and only the Attorney General of your state can pursue the violation. (Someone correct me if I'm wrong).

If any violations of the FDCPA occur, you would need to contact your state's Attorney General and they will assist you in litigation.   These may be a violation of the TCPA and subject to the $500.00/call rule.  At this time you will need an attorney for success.  However, in all fairness I've never heard of a successful case; that doesn't mean that they don't exist.  You could possibly make a case, and use the money to pay off the debt?  The court might see that as a form of justice.

I highly recommend following the links I've given above, and reading the materials. They are not too difficult to read, and are pretty clear on your rights.  Why guess, when you can know.

I found this video with NCO

www.youtube.com/watch?v=juWafiuCXmE

"Although I advocate call blocking all the time, and I do know what thugs the folks at NCO are,..."

Personal experience?

Yes, I would imagine Stranger might have experience beating back scofflaw debt collectors upon careful and accurate reading of relevant laws. He has rather good ones where he lives, which I do not enjoy in my home state.

I'm sure you're right.  

Let's start a countdown on how long it will take Consumer to retort with some asinine repetitive comment on how you can't be in different states since you're supposedly the same person.

You do realize that expressing any hint of alliance with me means that you are one of my many personas. The necessary flaw in the illusion is currently that all four or eighteen or twenty-five of us must feign a busted hand for a few days. (Shoot! I forgot to ask LS ... uhm, myself which hand that is ...)

Well I actually do have a cartilage tear in my left wrist, so does that count?  But I wasn't at the doctor about it last night.  Uh-oh...We'd better get our stories straight!

BTW... I'd be honored to be in an alliance with you guys :-)

You don't need to be in Space Shuttle to see difference between Resident and Resident47 :)

I have the same problem they constantly keep calling and we keep telling them we are not them they still don't listen we are not who they are looking for. They called me put me on hold for 15 min before someone finally answered the phone then all the fun began they were rude and hung up. So I called back to let them know and they kept hanging up and I got a supervisor named Bruce Burrows who kept hanging up so finally got mad because they were pushing real hard for information I finally gave them my brothers info all this time Mr. Burrows was nowhere to be found until I finally gave my brothers all of a sudden Burrows finally answered the phone then he was gonna proceed to talk to me on this matter of collections I told him I wasn't him and you wanted information so bad I gave it to them!!!!! All they could do is hang up so I kept calling back they finally told me this was harassment I told them I was playing their game because they they want to call me I was explaining to them all the FDCPA laws they broke they didn't want to talk to me!!!!! Next morning I called and spoke to Tim Coleman here in Phoenix, AZ District Mgr I explained everything to him and to this day no response so two days later we receive another call from NCU for someone else I got pissed I called back and went round and round with the office in Seattle WA. Again I dealt with Burrows again he hung up so finally I left a message with Tim Coleman letting him know I gave them chance to resolve the problem but still on ignore so I left a message that I as getting a lawyer and filing a complaint with State Banking Commission an the BBB and Attorney General I am tired of this...........

Now you know why submitting to whatever a scofflaw debt collector wants you to do never does any good. You don't need to give up the information or money they want as a condition of either providing validation or ceasing contact.

Most of your problem, like that of many before you, has been wrangling with NCO on the phone, the primary weapon of all debt collectors. Disarm that weapon and you have a fair fight. Keep calling *them* back like you did and they assume you're scared of something and have secrets to spill, like maybe you've lied about not being their target.

You have another problem if you want to "lawyer up". It is *LEGAL* per the FDCPA to keep hassling you with repeat skip trace calls if the agency thinks you've given faulty information! It would have been simpler and tidier to simply say "not me, stop calling", and *stop trying to engage* these mouth-breathers. Then follow up with a paper "cease communication" notice, just so everyone is very painfully clear on the fact that you're not helping their foxhunt.

My longer advice for "not me" cases is found here:
https://800notes.com/forum/ta-34af6a034ba34b6/unending-collection-calls

AIC sold my debt from originally from 1989 to NCO this year. When AIC would call I would ignore them or say explain I was unemployed. Finally I stopped talking to them. Over the years with AIC I just hung up, but last time I said to validate the debt. They did, send me  something from the Phoenix court system looking looked an old ticket record. I did not call them up or say anything about it saying it was mine.

( I don't dispute that it was my ticket originally, I just never had enough to pay and didn't.) That last call  might have been around 2006. I asked them not to call me and so a letter would come every 6 months, sometimes a phone call also but I would just hang up.

I just received a letter from NCO demanding payment or something within 30 days or this debt is valid.  I don't live in AZ, never did - just drove through one year.
So the  NCO letter appears like they are collecting for the Phoenix AZ  court system???
Indicating I can pay them. How could the debt revert to them again? Is this a zombie debt? A trick. Would you answer at all? Send a old debt letter?  Does NCO have that old ticket. Would asking them to validate restart the time ticker?  Thanks-

Okay, I'll play Stump the Band .... You don't explain what AIC is, but "ticket" implies a traffic violation or some other municipal debt, a category which NCO has handled through one of its divisions.

First thing is to read that dunning letter very slowly. Does it say "payment due in thirty days" or that you have that long to submit a dispute? If the latter, this strikes me funny, being a disclosure required in a first letter per the FDCPA. But the FDCPA is understood *not to apply* to municipal or government debt but consumer debt, which results from a mutual agreement.

Let's say you did get a G-letter style "mini Miranda", the whole routine of "debt will be assumed to be valid" if you don't dispute. Hey, they invited it, so I would send a pretty normal dispute letter with a validation request and any contact restrictions noted. Worry about FDCPA applicability later. This is something so aged you can't be expected to recognize it, and given the long history of lawbreaking from NCO, renamed Expert Global Solutions last year, nothing should be taken on face value.

Assuming the debt was really sold and not assigned, NCO is not collecting for any court. It's out for pure profit and Arizona gave up on you long ago. Doesn't sound like AZ tried too hard to collect in the first place.

Invoking your right to validation does not reset a Statute of Limitations, if that's what your "ticker" means. A payment toward consumer debt would, and in some regions so would a promise to pay or an admission that the debt is yours. Muni debt could have its own rules where you live. The question of your risk assessment may be best heard by state regulators or people who have been to law school.

Get this....they keep sending notices that my mother owes an electric bill.  I've told them she is deceased and sent death certificat to them.
They are relentless.

They're hoping you'll feel obligated to pay your mother's bill.     Sometimes they'll even call and play on your emotions and even intimate you're legally obliged to pay.  These people are total bottom feeders and there is no scam they won't try to make a fast buck.