Letter from NCO Financial closing account?

NCO generally folds to most DV's. They likely returned the account to Cap1 who will then assign it to another CA or DC Attorney. How significant is the debt? What state does she live in? When was the last time she made a payment on the account?

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We checked with Capital One. We got a letter from them yesterday saying they were no longer handling the account and that it had been sold to NCO. NCO sent my daughter a letter saying they had closed their file on her account. This is in response to a debt validation letter that also requested all further communication in writing and no more phone calls per her rights under the Fair Credit Reporting Act. Why would NCO close their account? Does this mean they could be getting ready to sue her? The account is about 5 years old but they have called about it off and on through the past five years. If they both have closed their files on this account, what do we do now?

That means that NCO cannot validate and will most likely sell it off to another collection agency eventually.

NCO Financial Corp. (aka NCO Group, NCO Portfolio Management, NCO Financial) is a collection agency and a company that purchases consumer accounts that have gone into default. They purchase this debt from a variety of companies, such from credit cards, hospitals, student loans, mobile phones, etc. If you see the following address appear on your credit report or on any other documentation, it is NOC: 507 Prudential Road, Horsham, PA 19044.

If NCO is acting as a collection agency on behalf of another company, they must comply with the Fair Debt Collection Practices Act. If they are trying to collect on a debt that they allegedly purchased, the fdcpa still applies, as the Federal Trade Commission still views it as collecting someone else's debt. Furthermore, several states, such as Pennsylvania, have consumer protection statutes that govern how original creditors collect consumer debts. For a discussion of the FDCPA and other consumer protection statutes, see our previous post entitled ???????Consumer debts ???????? Myths and Facts.???????

If NCO is attempting to collect a debt that they claim to have purchased (or was assigned to them), there are several things that you should know. In order for NCO to collect these types of debts, the original creditor (such as the credit card company) must assign or sell the debt to NCO. If NCO can????????t prove that the debt was sold or assigned to them, then legally, they can????????t collect it. If you are contacted by NCO and they claim that your debt was sold or assigned to them, make them prove it. In a number of cases that we were involved in, NCO was unable to provide any documentation that showed they purchased or were assigned the debt.

In addition to providing proof that the debt was assigned / sold to NCO, NCO also must prove that you owe the money. Make NCO provide you with proof that you owe the debt to the original creditor (such as as the credit card company). Refuse to accept any NCO-generated statement of account ???????? demand that they provide you with invoices, bills, etc. from the original creditor (such as the credit card company).

NCO is very quick to give the accounts they allegedly purchased or were assigned to a law firm for legal action. NCO????????s (and their lawyer's) business model is based on them depending on you not respond to the law suit. That way, NCO and their attorney does not have to prove that you owe the money they are claiming you owe.

When a defendant does not respond to a law suit, the plaintiff can have a default judgment entered against you. That then allows the plaintiff to attempt to collect on the judgment. Disrupt NCO????????s and their attorney????????s business model, by responding to the law suit and make them prove what they say.

In the past six-months, Wisniewski & Mensing, LLP has successfully represented two clients against NCO. One of the cases was won at trial, the other was won on a summary judgment motion. In each case, we prevailed by showing that NCO was unable to prove that our clients owed the money NCO claimed, resulting in over $13,000 in alleged debt being wiped away in one case and over $6,000 in alleged debt being wiped out in the other.

I was just served with a lawsuit from NCO financial claiming that I owe them over $2500 from an old debt. This is a 2002 debt that has been charged off years ago. Even though this was charged off I paid a settlement on this to another company years ago. Unfortunately I don't have a receipt of that on me now. I didn't figure I have to prove something like that over 7 years later?????

Anyway, I have to respond within 30 days to this lawsuit notice. What do I do? I am in Michigan and currently out of work due to all the automotive problems here. I don't have the $$s to get an attorney and really I don't think I should have to. I have paid the price for this $ misfortune many years ago, I shouldn't have to do it again.

It is out of SOL. Did you get a summons??

File a Motion for Discovery, or a Motion to Dismiss due to Time Barred.

It's 6 years here, so it's out of SOL yes. I have never filed something like this. Any idea where I can a template for a letter to the court regarding this issue?

This whole thing is rotten. There is NO WAY I owe NCO a dime.

Google your local county civil court. Their website should have those forms. If by chance they don't, your state court website will.

There is nothing on my County site but I did find a ton of forms on my state site. Is this the name of the form I am looking for?
Affidavit of Judgment Debtor ??????

Thanks so much for your help. I have worked hard to pay off my mess left from years ago and I finally I have my feet under me, I don't want to be dealing with this now. It's like a slap in the face after the fact.

No. That is a form to you after you get a judgement against you. Call your local county court and ask them to direct you to the proper form.

OK I got a reply from the Court that there is a Motion for Discovery Trial on the 21st. What now?

I also did some checking on this and there is a lawyer that is representing NCO, then NCO is supposedly representing Wells Fargo. Yet in every stitch of paper that they have sent me for court paperwork it shows Wells Farge. They have misplelled it every time. Another odd thing is that even with my written request to not call, NCO continues to call me, and so does the law firm. Also this charge off shows my maiden name on it, I have been married for over 11 years. The only thing I ever had with Wells Fargo would have 14 years ago.

This whole thing seems really off.............

Regarding SOL..................
OK I got a reply from the Court that there is a Motion for Discovery Trial on the 21st. What now?

I was under the impression that if you show up in court and state that this is outside the SOL then the Judge will throw it out. If you do not show then it could be problematic.