NCA is Ridiculous - Please HELP!!!!!!

[Parisangel]

Hello Everyone,

 

I really need help, any advice please!

 

NCA listed an account from a payday loan company with all three CRA. I sent them a DV and they deleted the account 2 months ago. Yesterday, I got an alert and so I went to take a look and realized that they reposted the account with all three CRA. They never responded to my DV, they just deleted the account. Well, I just received a letter from them (this afternoon) and it states that the validation that I have requested is attached. I reviewed the documentation and it is not valid, they created their own contract and dated it for January 25th, I don't know if they made a mistake or what, but they pretty much created their own information and asked me to sign and give them my bank account information and set me up for a payment plan....WTH!?!

 

Before CB, I probably would have done everything that they said, but since CB, I know that I should NEVER sign anything or share any bank account information with them. So, I am not worried about that, but I really need to know what the very next steps are. Any help. I am thinking about 1- 2 punch, because they obviously don't have validation.

 

Please let me know, I really need help! Thank you all in advance!

[jack1212]

So just to be sure, this was NOT deleted due to a CRA dispute?

[mjk3040]

It sounds like NCA may have purchased the account and are playing the role of original creditor if they think a contract on their letterhead provides validation. The contract they have provided is hearsay, and they need to have an agreement between you and the OC, and a proper assignment of the debt from the OC to themselves in order to have standing to collect on it.

 

If they cannot prove a standing to collect, their attempts to collect are fraudulent, and you should notify your state attorney general and/or retain an attorney to prevent them from causing further harm to you through their fraudulent reporting of derogatory information to a third party. You could notify NCA of these facts in good faith so they can rectify the situation without resorting to litigation. Remind them that they are causing you actual harm, so time is of the essence.

[jtoast]

Check your state laws and see if that particular Payday lender is even legal in your state. There are a lot of states that cracked down over the last few years. If the debt is illegal, you have another out.

[Parisangel]

I apologize for the delay and I really appreciate the help.

 

No, it was not deleted as a result of a CRA dispute. I sent the DV and they deleted it about 10 days later.

 

I am currently checking to see if the lender is a registered agent in my state (Florida).

[beli]

NCa is famous for picking up illegal payday lenders. So chances are if you did your payday loan online it may be illegal due to your state laws. If your unsure you can always ask your state's Department of Financial Inst or whomever handles licensing in your state.

 

I have a great letter that I have tailored to my needs that I posted a while back.. but not in the sample section of this board. In fact this letter was used with NCA so you may want to tailor it up a bit so they don't consider it a "Forum" letter. If they refuse to delete file appropriate complaints with your states regulators. Start building a good paper trail. I got NCA off my credit reports with disputing it directly with them as "Not mine" before I found CB.. this I do not advise because the Cra's have been putting unnecessary fraud alerts on peoples credit report when they have done this.

 

After doing research regarding Internet payday loan laws in the State of XXXXX, I have found that the in internet payday loan company XXXXXX that you are collecting for actually illegal in the state of xxxxx.

 

Due to the fact that Internet payday loans must be licensed in the state of XXXXX, to be a legal and binding contract, your company should not be collecting on payday loans from XXXXX in the state of XXXXX. Also per XXXXXX all collection agencies MUST be licensed in the state of XXXXX to in order to collect on a debt. (This I added because in my state CA's HAVE to be licensed in order to collect a debt)

 

Therefore, any loans with XXXXXXX are null and voided. I have also noticed that you have erroneously added this debit to my credit reports. I am hereby notifying to remove the debt from my credit reports, failure to do so will result in legal action for violations to the Fair debit collection act.

 

I demand that any contact be made through US Postal mail or email only. I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan, as well as any relative that you may find.

[pressman0523]

Assuming that you are referring to National Credit Adjusters out of Hutchinson, Kansas?

 

If so, these guys are extremely tough to deal with. They thrive on scare tactics and reporting false information that is either technically inaccurate or just plain made-up.

 

Having said that, however, they WILL roll over when you get the authorities involved. Usually, a call to the Kansas Attorney General's office will do the trick. The BBB doesn't seem to phase them, nor do threats to contact anybody. It is usually only after the AG gets involved that they leave you alone.

 

I have had two accounts successfully deleted from all three CRA's but it was a nearly two-year process to do so. I am battling with them on one remaining account that they have been thoroughly unsuccessful in proving I owe so I will be making the aforementioned calls later this week.

 

Keep battling them, don't give in and use the consumer protection tools at your disposal. Eventually, they WILL back down.

[Parisangel]

Thank you all very much for your replies. I did my research and here is what I found:

 

If a payday lender is not licensed in my state the debt is non collectable under the Florida Consumer Financial Act regardless of the geographic location of the lender.

I checked my state's Banking and Finance office and the lender is not licensed. However, the CA, NCA is a licensed collector.

 

Now, my question is, what do I do. In the first DV that I sent to NCA, I requested and stated the below amongst other things:

. I am requesting that National Credit Adjusters provide a copy of the original contract on which this alleged debt is based and you are collecting. Upon receipt of this contract, I will review it to make sure it complies with the regulations for truth in lending in the state of Florida. I will also forward the contract to the applicable Florida agencies to confirm that you are indeed legally permitted to collect on the behalf of your client for this type of alleged debt.

 

After careful review of the Florida Department of Banking and Finance’s website, I do not see with LENDER as a legal and licensed lender for the state of Florida. If National Credit Adjusters continues to report as “open†and as an installment loan and/or factoring company, I can only assume that you believe you legally have the right to act as a creditor/lender, since that is the implication of your reporting. I will send a copy of this letter to the Department of Banking and Finance for the state of Florida to verify my findings as accurate.

 

So, now that they have responded with a contract that they made up, should I send them a second DV letter that I prepared to send in case they didn't respond or should I contact my State's Banking and Finance office (providing them with my first letter and the phony contract that they sent to me) and their AG? Also, they are reporting the account as an installment account and it is showing that I paid (ok) from March - December and defaulted in January.

 

So sorry that this is long. Any advise is appreciated. Thank you!

[jtoast]

I would mail complaints to all of the state agencies, including their own state AG. Include copies of the fake contract.

 

I would also send the second DV letter. Mention the fact that you have file complaints with everyone. They should roll over fairly easily.

Edited February 9, 2010 by jtoast

[Parisangel]

Thank you very much, jtoast, I am preparing the complaint letters now. Please keep it coming, I appreciate all replies.