I just received a collection letter from NCO Portfolio Management stating that I owe an old debt of $2356.95 (the interest amount is $1006.00) that they purchased from Sears. The debt is so old that they are still using my previous last name and I've been remarried for 16 years now. The 7 year statute is up next month. Is this legal? I'm sending a cease contact letter and also wanted to know if I should use the name that they used on the letter to me or my present married name?
Do not confuse the 7 year Credit reporting period with the Statute of Limitations on debt (SOL)
SOL is based on STATE laws Statute of Limitations by State – always double check YOUR OWN STATE Government Website http://www.budhibbs.com/statute_of_limitations.htm
DO NOT MAKE ANY PAYMENTS OR ACKNOWLEDGE the debt. THE BURDEN OF PROOF IS ON THE COLLECTOR -
NCO are a bunch of crooks. They keep trying to call and send my mom papers about a debt for a Sears credit card from '89 that was discharged when she filed for bankruptcy in '91. We just ignore them when they call because legally they aren't supposed to be collecting on it. They're just hoping she'll be stupid and hand them some money.
-14
Debt paid in full
| 27 replies
You people are [removed:lang], Who cares if the debt is 100 years old. Was it you? Did you spend that money? Then you need to pay it back you [removed:lang]. I'm sick of hearing people whine cause they got caught. You tried to rob Sears of over a thousand dollars, now pay it back [removed:lang]. You are the reason our country is in such a bad economic situation. If I came into your home today and stole all your belongings and you never knew it was me until 15 years later does that make the offense null? No you would want your stuff back. Same concept, you bought, now pay for it [removed:lang].
You know, I'm sort of sick of your "holier than thou" platitudes too. Hope nothing bad ever happens in your lifetime...but you never know do you? "there but for the grace of God go I" You could lose your life savings, home, job, family and everything that means anything to you, and would you still feel the same way????
+3
JBJ to Debt paid in full.
It would be different if it was Sears trying to collect the debt, but most of the time your old debt is a write-off for the company and then they sell the debt to some of these rude, low life collection agents who bought it for pennies on the dollar and they want to drive you out of your mind trying to collect something that they know nothing about and will make a bundle of money on if they find anyone crazy enough to pay them. If you did not pay the original debt your credit is already ruined and believe me that is punishment to anyone to have bad credit, and then when you pay the collection company it does nothing to remove the original debt from you credit report. So you see we sorry free loaders get paid back by having bad credit and not being able to finance anything else!! So please do not worry it all works out in the end.
When you resort to using abusive language, you lose all credibility. If you make an undignified post, disrespectful to all, should you be treated with dignity and respect in response?
In spite of that, and out of respect for others, let me gently offer you a different perspective.
As a civil society, governed by law, we have made the decision that it is in the best interest of our society to incorporate forgiveness into the law. We no longer have debtor's prisons, or poor houses. We have a statue of limitations on debts. We allow debt to be discharged in bankruptcy, although it is still paid within the ability of the debtor. These things have been codified for a variety of compelling reasons.
Even in your extreme example of someone breaking into your home and stealing your possessions, there is a statute of limitations.
As someone who has personally lost money in business to unpaid accounts, and who has had their home broken into and looted, I must tell you that I am not spending a lot of time dwelling on either loss, although their are a couple of personal items I'd like to have back. To the degree that I think of these things at all, I suppose the transgressors are (at least tacitly) forgiven. Despite my best efforts, I have not lived a perfect life, and I lack the level of hubris necessary to demand that others achieve that which I have not.
So which is it in your case, personal perfection, or excessive hubris ?
You accuse people of being junkies, and in that you may very well be correct. But if they are junkies, who is the pusher ? And for whom does society normally offer the more severe sanctions, the addicts, or the soulless mercenaries who seek to profit from the addiction ?
I suggest you spend some time learning about the credit industry, how it is marketed, and the insider attitudes towards consumers. Do you know what credit card company insiders call people who pay their bill in full every month? Deadbeats. Think about that.
Don't misunderstand, I agree wholeheartedly that we should all pay our debts to the very best of our abilities. I just think that there is room for compassion and forgiveness, and the recognition of human failings. I also do not believe the credit industry comes to this with unstained hands. There is adequate blame to go around.
As for your assertion that such people "are the reason our country is in such a bad economic situation", all I can say is that such an outlandish statement telegraphs the existence within you of a black hole of ignorance, which void I could never fill within this constrained venue. But then, your simplistic outlook, and your lack of insight, not to mention your lack of basic humanity and compassion, was made very clear by the invective and judgmental tirade which made up your post.
Enduring life's adversities can be an excellent teacher of humility. I hope you are soon well educated.
Tell your mom to send NCO a cease and desist/disputation letter, pointing out that the debt was discharged in bankruptcy and that the courts have ruled that it is unlawful for a CA to pursue a discharged debt. Even NCO normally goes away when they get that letter, and I know this because I've seen it done successfully with NCO in the past.
It is always a nice touch to include the following quote, being sure to cite the source:
"The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine." source: <http://www.uscourts.gov/FederalCourts/Bankrup ... Bankruptcy.aspx>
Ask them to validate the debt from the original creditor, I bet they can't.
+1
debt calls in disgust
| 2 replies
Just how many times are a department store or collections company allowed to call you in a given day? I have recently had to file a claim after not receiving goods that were left on my doorstep. Expensive earrings. LEFT on my door by UPS. UPS has been great, called me, then sent the driver out to follow-up. I purchase and buy online due to disability. In the mean time, dispute multiple calls with Kohls they continue to harass and call me between 7 and 9 times a day (NO I am not kidding!). They not only want me to pay for something I did not receive but also pay almost double in original sale price.(For interest and late fees, I suppose, all with in 3 months time) I will tell at least one of the people calling, almost daily, that this is in dispute, and I will get a "I am so sorry" reply when I ask why they continue to call but they just do not stop. (Yesterday was 4 calls back to back with in a 20 minute time period). It is not like I am not communicating or refusing to cooperate) I have been in the hospital with a major surgery and even when I told them. to pls stop calling so much, that they are interfering with my recovery ( getting no sleep having 9 calls a day, ie average of one call a hour beginning early as 8:01 and and as late as 8:57pm, 7 days a week). Til UPS and Kohls finalize this.,. I am too be harassed all times of the day? This is should not be allowed, ONE call a day is probably more than necessary, and none after a loss claim is being processed. Who governs this and how do I end it?? They just DO NOT stop. You can bet that as soon as this is resolved this company will never get my business again... And note please, they are the idiots that left the goods on the stoop choosing not to pay to have them signed for in the 1st place. To me, that alone should be a no-no, especially with items that were not cheap to begin with.
I am really confused why people never LOOK FOR THE CORRECT WEBSITES when they need REAL LEGITIMATE ASSISTANCE. THIS IS ON THE FEDERAL TRADE COMMISSION WEBSITE
Lone Stranger, thanks for the insight. People complaining about having to pay there debt off gets me a little frustrated sometimes. And just so you know paying the collection agency does help your credit. It does not remove the item from your report but it changes its status from open unpaid to paid in full. Trust me this does help your credit regardless of what your past experience has been. When I say junkie as well I am not referring to a drug addict. A junkie to me is someone who thinks it fine to buy things they have no plans to pay for and leaving the rest of us to deal with it. Things like higher item costs, higher interest rates, raised fees for things such a processing and many others are all ways in which a company makes up for the people who steal from them. Buying something and not ever paying for it should be on the same level as shop lifting. Its so simple too. America! stop living out of your means. If you work at Mickey D's and make 250 a week then why the heck is there a flat screen in the living room. You know what I am saying? How bout this, if you want something nice save your money and buy it. Then the debt would never be there in the first place.
+4
c.a.
To "Debt paid in full:" Since you obviously are astute in managing your finances, I suggest you spend a few dollars with, say, your local community college. You need to take a course in basic English, and receive instruction to enable you to write something with at least a minimal semblance of intelligence.
Do NOT under any circumstances acknowledge the debt or even write them a letter. Depending upon your local state law(s), even sending them a letter can reset the SOL time clock (also know as zombie debt).
The statute of limitations on debts varies by state, and even if the statute of limitations on your debt has run out, zombie debt collectors have a great incentive to contact you. If they can get you to slip up, the statute of limitations will start ticking again and suddenly, the debts they want to collect can become enforceable by the courts.
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