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National Credit Adjusters is just screaming to be sued!


pressman0523
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I'm on the warpath. NCA out of Hutchinson, KS is about to get the equivalent of a size 11 boot up their collective you-know-whats.

 

First there was this: NCA Paid Settlement

 

So I sent off a dispute letter to both NCA and EX. EX verified immediately within two days of receiving my dispute. NCA placed another month of Key Derogatory on my report without changing anything else.

 

Around that same time, I received a dunning letter from them regarding a different collections account. I immediately DV'd them.

 

Today, I received a SECOND dunning letter from them on this account with no mention of the validation I demanded. The date on the letter is clearly after the date they signed for my DV letter. Aren't they supposed to cease all collections activity on the account until is has been properly validated???

 

So what do y'all think? Should I continue to build a paper trail, or should I just go ahead and sue? Qualified opinions would be greatly appreciated!

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I've had some threads with NCA, and good luck corresponding with the Kansas Commissioner of Banking and the KS AG.

 

look em up :D

 

Hi-ya', Jen. Tried to PM you, but your inbox is full, full, full! Time to clean house? lol

 

:lol:

 

No. There is a reason I keep it full. :grin:

 

Whatcha need?

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Whatcha need?

 

Well, I went to your threads list and you have 32 PAGES of started topics. Searching for your username and NCA or National Credit Adjusters just did nothing for me so, having nothing better to do the other night, I started reading through your topics one-by-one (well, the ones in the Credit Forum, anyways). I made it all the way up to page 28 before my eyes just about gave out on me and I had to call it quits. But I didn't find anything you had specifically referring to this CA. Do you happen to have links for those threads saved?

 

Much appreciated! :yahoo:

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NCA - DV#1, Jan 21 2009, 04:19 PM

 

 

 

 

 

 

 

Dear National Credit Adjusters (NCA);

 

On xx/xx , 2008, I received a phone call from your company alleging that I owe $xx for an internet payday loan from 200X. This greatly surprised me considering I have no recollection of ever taking out a payday loan on the internet. After I spoke with two of your representatives, I checked my credit reports and saw that your company is also reporting to Experian, Equifax, and Transunion.

 

On the XXth of X, I spoke originally to a ABC, who was abusive in his collection tactics in my opinion (outlined below). When asked repeatedly to give the case# he was referring to and the address of NCA, he refused and eventually hung up on me. I then called back to speak to his supervisor. At that time, I was transferred to “XYZâ€.

 

Both calls were recorded and are the basis, in addition to review of my credit reports, for the following dispute.

 

To the best of my knowledge, I have never received written communication from you concerning any alleged debt. I consider our conversation on the XXth of X to be our first form of communication for FDCPA purposes. This dispute is being sent both certified mail and first class mail to ensure receipt.

 

This is not a refusal to pay, but a notice that your claim is disputed in full. Please send full validation as intended by the spirit of the FDCPA. If proof of this debt can not be obtained and forwarded, I will assume there is no proof and will consider this matter with your company closed and expect immediate removal of all notations of this account to any and all credit reporting agencies to which you are currently reporting, as required by the FCRA and FDCPA.

 

I am requesting that NCA 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 Kansas. I will also forward the contract to the applicable state agencies to confirm that you are indeed legally permitted to collect on the behalf of your client for this type of alleged debt.

 

In the course of conversation with XYZ, it was brought to my attention the nature of this loan and the original creditor. Both pieces of information Mr. ABC was reluctant to give, despite repeated requests. XYZ stated that the alleged debt was with LMNOP, an internet payday lender.

 

After careful review of the Kansas Office of the State Bank Commissioner (OSBC) and their Division of Consumer and Mortgage Lending website, I do not see with LMNOP as a legal and licensed lender for the state of Kansas. I also do not see NCA as a licensed lender. If NCA 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 Division of Consumer and Mortgage Lending for the state of Kansas to verify my findings as accurate.

 

As a data furnisher to credit reporting agencies (CRAs), NCA has an obligation and a requirement to report and provide accurate information. This letter serves as a dispute regarding NCA’s reporting of this information as allowed under 15USC1681s-2(8)(D). The specific nature of my dispute and complaint removes any possibility of a bona fide error defense. I demand this entry on my credit reports be promptly removed from any and all credit reporting agencies if my dispute is found to be valid. If it is not promptly removed then I will pursue additional remedies.

 

The following items are disputes regarding the behavior as a collection agency as regulated by the FDCPA, your inability to exercise your responsibilities as a data furnisher as regulated by the FCRA, your behavior of your collectors on the phone while speaking to a consumer, and a partial outline of your violations of state laws and regulations, as regulated by the state of Kansas.

 

Reporting Errors as a Data Furnisher (15 U.S.C. 1681)

• This is not a “factoring account†as stated. NCA is a collection agency, this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• NCA has not extended me credit, as implied by the entry on my credit report, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• I do not have a credit limit with NCA, since they have not extended me credit, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• I do not have a past due balance with NCA, since credit has never been extended, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• There are no “1 month†terms as stated in the entry, since NCA and I have never entered into a credit agreement, there can be no credit terms as reported by NCA, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• NCA is reporting I opened an account with their company in January 2007, this is impossible since I never entered agreement with NCA, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• NCA is reporting monies “past due†when there are no terms between NCA and myself, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

• NCA is reporting an inaccurate payment history, which is adversely affecting my credit score each time NCA updates. I believe this is done to purposely poison my reports in order to coerce payment, , this is a violation Section 623 of the FCRA, 15 U.S.C. 1681s-2

 

FDCPA Federal Violations (15 USC 1692)

• NCA violated 15 USC 1692e(2)(A) by falsely characterizing the account as an "open" account and also as a “factoring company accountâ€/ credit account. You are not a factoring company, but a simple collection agency.

• NCA violated 15 USC 1692e(8) by communicating credit information which is known or which should be known to be false. NCA is aware of the fact they have never extended me credit and are not considered a factoring company. This is false reporting meant to poison my reports.

• NCA violated 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect any debt by reporting the account as an "open" account and also as a “factoring company accountâ€. Again, since NCA is not a factoring company, this is a deceptive way to report.

• NCA violated 15 USC 1692f(1) by obviously charging more interest than is allowed by Kansas law for this type of debt.

• NCA representative, ABC, violated 15 USC 1692d in harassing me today at my place of employment. After I told him that personal calls were not allowed to my place of employment, his response was to the effect of: You had no problem using this number to take out a loan. His statement was made after the fact I told him I disputed the fact that the loan was even mine. This call was recorded and will be saved onto a media device for future reference.

• 15 USC 1692e(2)(A) and also 1692e(13) was violated today when XYZ asked if I lived in XXXX County and told me NCA was moving forward with my case #. This implies a lawsuit is pending and/or been filed.

 

FCRA Federal Violations (15 USC 1681)

• 15 USC 1681a-2(a)(1)(A) was violated when NCA when it furnished information to the credit reporting agency that it knew was inaccurate when they said this was an open credit account through a factoring company, rather than a simple collection.

• If NCA is in fact a company that extends credit, as it’s entry on my credit report implies, then NCA would be in violation of 15 USC 1681a-2(a)(7)(cool.gif(i) for failure to provide me written notice for an entry of negative information on my reports.

 

State of Kansas Violations (KSA 16a-2)

• Statute 16a-2-301 (The Kansas Consumer Credit Code) is also potentially in violation by both you and your client if the loan was indeed made to a resident of Kansas. This statute states that a lender or someone who takes assignments to collect (such as NCA) needs to be licensed.

• Statute 16a-2-303 states that a lender must also maintain an adequate surety bond. According to public information, neither NCA nor LMNOP has fulfilled this requirement at the time the alleged debt was incurred.

• Neither NCA nor LMNOP has a current license, nor did either company have a license at the time the loan was supposedly taken out. It is implicit since neither is licensed, then both companies are also in violation of KSA 16a-1-301, which requires a lending company to pay annual supervised lending fees.

• . The Supervisor, XYZ, also mentioned that payment was attempted for interest only. According to payday loan standards for the state of Kansas, loans can be made when only a single payment repayment is anticipated, as outlined in KSA 16a-2-404(B) Interest-only arrangements are not allowed by law.

 

At the same time as this letter, I am also disputing with the 3 major credit bureaus mentioned above. My dispute will include the information outlined above and any additional information I see fit. If NCA updates this information as correct/verified with the credit bureaus after receipt of this letter, I request that the supporting documentation that you used to verify my dispute with the credit reporting agencies be forwarded to me. The information you use to verify my dispute with the credit reporting agencies would fall under the spirit of validation of the FDCPA.

 

I can not in good conscious pay this large sum of money to your company based on the information given in a single phone call. I require the paperwork that you used to support your entry on my credit reports. Only with proper validation can I then be assured that I was mistaken and this debt is indeed mine. Until I receive this information, I consider this debt unverifiable.

 

Please do not be mistaken that simply because your client (LMNOP) does not reside within the great state of Kansas that these state laws and regulations outlined above do not apply to them. In the case of Quik Payday, Inc. v. Stork, there was a constitutional to have to comply with state laws in which it was lending. It was found that, the provision of the Kansas Uniform Consumer Credit Code (Kansas UCCC) authorizing the Office of the State Banking Commissioner to regulate payday loans, and the Kansas statute's application to a particular payday loan company, did not violate the Commerce Clause or the Due Process Clause of the United States Constitution. Although the Utah-based payday loan company did not have any offices, employees, or other physical presence in Kansas, the company provided unsecured, short-term payday loans over the Internet to consumers, including Kansas consumers. Your client should be made aware of this. The payday loan company was denied the declaratory and injunctive relief it sought. I believe your company will also be held to the same standard if they choose to challenge my assertions in this dispute that your client is in violation of Kansas laws regarding lending.

 

I reserve the right to forward a copy of this letter, and any other pertinent material to the Better Business Bureau of our respective Kansas communities, The FTC, the Kansas Attorney General, Kansas Office of the State Bank Commissioner, the XXXX County District Attorney, The Reno County District Attorney, the ACA, your registered agent, and any other agency or persons as I see fit. I am sure your illegal tactics and gross violations of federal and state laws will be of interest to many of the entities listed.

 

Reinvestigation of the numerous inaccuracies in the account is not acceptable. I will only accept deletion of this inaccurate account from any and all credit reporting agencies this account is being reported to.

 

Please be advised that I will continue to record any and all calls from your company, the company you claim to represent, or any representatives of your company. I look forward to a mutual resolution of this situation.

 

Best regards,

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I HIGHLY suggest you make this letter your own. There is a reason I rarely post my letters on this board, as I have eventually found them on other sites and other people claiming them as their on on THIS site. It offends me and is part of the reason for my burn out.

Edited by Jen23514
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DV#2, Jan 21 2009, 04:31 PM

 

 

Dear National Credit Adjusters (NCA);

 

I received a phone call from your company on XX, XX, 200X alleging I owe a client of yours over $XXX. At that time, I verbally requested all supporting documents your client provided you be forwarded to me. The two calls that day were recorded. I then placed my request in writing and sent it to you via certified mail, which you signed for approximately two weeks after the initial phone call. It has been approximately 45 days since the XX, XXth call, and I have yet to receive any supporting documentation from your company.

 

This is my 2nd request for validation of this debt. I request NCA sends full validation as intended by the spirit of the FDCPA. This is not a refusal to pay, but a notice that your claim is disputed in full. If proof of this debt can not be obtained and forwarded, I will assume there is no proof. At that point, I expect immediate removal of all notations of this account to any and all credit reporting agencies to which you are currently reporting, as required by the FCRA and FDCPA.

 

In early XX 200X, I disputed with the three major credit reporting agencies NCA entry. The credit reporting agencies then forwarded my dispute to and the basis for my dispute to NCA. NCA then proceeded to update and verify the entry as accurate. This was after NCA received my original dispute outlining the ways their entries were not accurate. This is a gross violation of the responsibilities of a data furnisher as laid out by the FCRA section 623.

 

I then purchased my reports from the three major credit reporting agencies on XX 30, 200X and observed that NCA was still reporting in the same inaccurate manner as they were prior to receipt of my first letter. If NCA is able to verify with the credit reporting agencies, then why is NCA unable to forward me the supporting documentation? If the credit reporting agencies did not contact NCA in regards to my dispute then please notify me in writing, otherwise this FCRA violation of updating information that NCA knew to be incorrect will be added to the numerous other violations of your company. The updating of known inaccurate information was either done by the agencies or NCA.

 

In my previous letter to you, I invoked my right to dispute your reporting of this alleged debt to the credit reporting agencies as allowed by FCRA 623 (15 USC 1681). Under that statute, you are required to investigate my specific dispute and return to me the results of your investigation within 30 days. You have not done so.

 

The specific nature of my previous dispute and complaint removes any possibility of a bona fide error defense.

 

This will be my last request for validation of this account. I have disputed this alleged debt pursuant to the FCRA and FDCPA. The FCRA provides concurrent jurisdiction in federal and state courts. While I prefer not to litigate, I will use the courts as needed to enforce my rights if needed. I have already suffered actual damages from the reporting of inaccurate information.

 

I look forward to a swift resolution of this issue. Please be advised that I will continue to record any and all calls from your company and their representatives.

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Dear Office of the Attorney General;

 

This letter is in regards to a collection agency, National Credit Adjusters of Hutchinson, Kansas, who claims I owe money to an internet payday lender, LMNOP. I have attached a copy of my two disputes and complaints to the collection agency to this letter for your reference. The dispute was sent to National Credit Adjusters (NCA) via certified mail to document their receipt of my complaint.

 

This agency contacted me at my place of employment in XX, Kansas on XX XX, XXXX The first representative to call was rude and refused to give me details regarding this alleged debt. I had to call back and speak to a supervisor in order to get the background to their claim. This is outlined in detail in the attached dispute. I realize the dispute is long, but their violations are many it appears.

 

I recognize it does not fall under a state Attorney General’s jurisdiction to get involved with federal complaints, such as those with the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA), but in this particular instance, I believe both the collection agency and their client to be in violation of lending laws for the state of Kansas and also the Kansas Consumer Credit Code. As a resident of Kansas, I feel that this issue should be brought to your attention for fear that they are taking advantage of other citizens of our state. I have faith that Mr. Six and his staff will investigate these two companies for the potential violations.

 

On XXXX when NCA first contacted me, I verbally requested a copy of the contract that supports their claim I owe over $XXXX to their client. It has been almost 30 days since that request, and they have not provided that information. I requested the contract for 3 reasons. The first reason was to ensure that they are trying to collect from the right person. Without a copy of that contract in addition to having no recollection of doing business with LMNOP, I was uncertain how they were confident they were collecting from the right person. Secondly, I wanted to review the contract to make certain it complied with the Truth in Lending Laws of Kansas. Thirdly, I wanted to make certain the amount they were claiming I owe was contractually allowed by law if I did indeed enter into a contract with LMNOP online.

 

I do not believe that LMNOP or National Credit Adjusters is properly licensed as required by the Kansas Office of the State Bank Commissioner (OSBC). If I read the law correctly, it appears that if they loan to a resident of Kansas, then they are required to abide by the lending laws of Kansas, found in Quik Payday, Inc v. Stork, KSA 16a-1-301, and KSA 16a-1-303. It appears that this law extends to both the collector (as an agent of the lender) and also the payday loan company. It does not appear they were licensed at the time the alleged debt was incurred or at the time of the writing of this letter.

 

On XXXXX I purchased a copy of my credit reports from the three major credit reporting agencies (Transunion, Experian, and Equifax). At that time, NCA was continuing to report this debt as valid to those agencies. NCA is reporting that this is an “open†credit account, implying that they have extended me credit (reporting in the same manner as my credit cards). As a collection agency they are required to report as a collector, not as a lender. If they do in fact feel that they can report this way as someone who has extended me credit, then I would assume that NCA is subject to the laws and regulations of lenders in Kansas. I do not believe they possess the proper licensing required to lend money to residents of Kansas. If this type of complaint does not fall under the jurisdiction of your office, then please direct me to the proper state agency to pursue this.

 

Since National Credit Adjuster has refused to forward the original contract that is the basis for their claim, it is hard to determine if there are other violations, such as KSA 16a-2-404(B(4) requiring lenders to put a 10 point bold face type notice on each loan agreement. I have reason to believe that if this contract can be produced, that it will contain many violations of the Kansas Consumer Credit Code (KSA 16a).

 

Statute 16a-2-303 states that a lender in the state must also maintain an adequate surety bond. According to the public information I reviewed, Borrow Cash Now has not fulfilled that requirement at the time the debt was allegedly incurred.

 

In short, I believe NCA to be willfully reporting to my credit report in an erroneous manner in order to coerce payment. Not only are they reporting what I believe to be an invalid account, they are reporting as a creditor, further poisoning my report instead of reporting as a simple collector, as they are supposed to. I also believe NCA and their client lack the proper licensing to conduct this type of business in the state. Finally, their inability to provide the original contract for this alleged debt means they can not support their claim, and should immediately cease all collection activity and remove all entries from any and all credit reporting agencies they are reporting to.

 

Since being informed of their violations, NCA continues to act in a deceptive manner to one resident of Kansas. Therefore since they willfully continue with their behavior, it can be assumed this is not an isolated incident and many residents of our state are affected. I am lucky to have access to researching companies and laws that govern the behaviors of companies such as this. My concern is that they prey on other citizens who do not have the access or lack the basic knowledge of collection laws to even know the amount of egregious abuse this company engages in.

 

I appreciate the time of the Attorney General’s office in reading this complaint and I look forward to hearing your response.

 

Thank you,

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NCA - KS OSBC, Jan 21 2009, 04:34 PM

 

 

Dear Office of the State Bank Commissioner;

 

This letter is in regards to a collection agency, National Credit Adjusters of Hutchinson, Kansas, who claims I owe money to an internet payday lender, LMNOP. I have attached a copy of my two disputes to the collection agency to this letter for your reference. The disputes were sent to National Credit Adjusters (NCA) via certified mail to document their receipt of my complaint.

 

This agency contacted me at my place of employment in XX, Kansas on XXXX . The first representative to call was rude and refused to give me details regarding this alleged debt. I had to call back and speak to a supervisor in order to get the background to their claim. This is outlined in detail in the attached dispute. I realize the dispute is long, but their violations are many it appears.

 

Approximately 30 days has passed since they were notified of my dispute and complaint in writing and over 45 days has passed since my verbal dispute of their claim. NCA has chosen to ignore my requests for validation and to remove this from my credit reports if they do not have the supporting documents.

 

I believe both the collection agency and their client to be in violation of licensing laws for Kansas, truth in lending laws for the state of Kansas, and also the Kansas Consumer Credit Code. As a resident of Kansas, I feel that this issue should be brought to your attention for fear that they are taking advantage of other citizens of our state. I have attempt to list below potential violations I feel fall under the jurisdiction of your office.

 

On XXX when NCA first contacted me at my place of employment, I verbally requested a copy of the contract that supports their claim I owe over $XXX to LMNOP. It has been over 45 days since that request, and they have not provided that information. I requested the contract for 3 reasons. The first reason was to ensure that they are trying to collect from the right person. Without a copy of that contract in addition to having no recollection of doing business with LMNOP , I was uncertain how they were confident they were collecting from the right person. Secondly, I wanted to review the contract to make certain the terms complied with the Truth in Lending Laws of Kansas. Third, I wanted to make certain the amount they were claiming I owe was contractually allowed by law if I did indeed enter into a contract with LMNOP online. I have no intention of paying any company any sum simply because they send me an invoice. I require the supporting documents.

 

I do not believe that LMNOP or National Credit Adjusters is properly licensed as required by the Kansas Office of the State Bank Commissioner (OSBC). If I read the law correctly, it appears that if Borrow Cash Now loans to a resident of Kansas, then they are required to abide by the lending laws of Kansas, found in Quik Payday, Inc v. Stork, KSA 16a-1-301, and KSA 16a-1-303. It appears that this law extends to both the collector (as an agent of the lender) and also the payday loan company. It does not appear they were licensed at the time the alleged debt was incurred or at the time of the writing of this letter.

 

On XXXX I purchased a copy of my credit reports from the three major credit reporting agencies (Transunion, Experian, and Equifax). At that time, NCA was continuing to report this debt as valid to those agencies. NCA is reporting that this is an “open†credit account, implying that they have extended me credit (reporting in the same manner as my credit cards). As a collection agency they are required to report as a collector, not as a lender. If they do in fact feel that they can report this way as someone who has extended me credit, then I would assume that NCA is subject to the laws and regulations of lenders in Kansas. I do not believe they possess the proper licensing required to lend money to residents of Kansas. If this type of complaint does not fall under the jurisdiction of your office, then please direct me to the proper state agency to pursue this.

 

Since National Credit Adjuster refuses to forward the original contract that is the basis for their claim, it is hard to determine if there are other violations, such as KSA 16a-2-404(b(4) requiring lenders to put a 10 point bold face type notice on each loan agreement. I have reason to believe that if this contract can be produced, that it will contain many violations of the Kansas Consumer Credit Code (KSA 16a).

 

Statute 16a-2-303 states that a lender in the state must also maintain an adequate surety bond. According to the public information I reviewed, neither NCA nor LMNOP has fulfilled that required at the time the debt was allegedly incurred.

 

In short, I believe NCA to be willfully reporting to my credit report in an erroneous manner in order to coerce payment. Not only are they reporting what I believe to be an invalid account, they are reporting as a creditor, further poisoning my report instead of reporting as a simple collector, as they are supposed to. I also believe NCA and their client lack the proper licensing to conduct this type of business in the state. Finally, their inability to provide the original contract for this alleged debt means they can not support their claim, and should immediately cease all collection activity and remove all entries from any and all credit reporting agencies they are reporting to.

 

I do feel that National Credit Adjusters and LMNOP are recklessly collecting a debt that after an ample amount of time can not provide corroboration of their claims. The deliberate tainting of my credit report without the proof that this debt is indeed mine reeks of irresponsible and fraudulent behavior.

 

Since being informed of their violations, NCA continues to act in a deceptive manner to one resident of Kansas. Therefore since they willfully continue with their behavior, it can be assumed this is not an isolated incident and many residents of our state are affected. I am lucky to have access to researching companies and laws that govern the behaviors of companies such as this. My concern is that they prey on other citizens who do not have the access or lack the basic knowledge of collection laws to even know the amount of egregious abuse this company engages in.

 

In addition to this complaint, I am also registering today a complaint with the Kansas Attorney General Office. Thank you for your time and I look forward to your response.

 

 

Regards,

Edited by Jen23514
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Great thread and great EXAMPLES of letters, Jen.

 

Press, I am dealing with a CA verifying info on one as IIB and on another as open with past due balances, 1 month terms, etc.

 

They just received another letter from me, after the 30 days is up, I think I am going to send them a strongly worded ITS and complain to the FTC, the BBB and the AG.

 

It's frustrating. I hope you get yours taken care of soon.

Edited by cfj503
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Sorry, Jen, I've been straight out this week and didn't have time to reply to this....

 

When you mentioned in a previous thread from another board member that you had info on NCA, I thought you meant something else besides letters. These are good examples, though.

 

I will be filing suit against them for repeated violations next month. (Hey, maybe they have a representative reading this forum! Heads-up, I'm coming for you! lol) I'm just going to wait until the 30-day period I gave them to respond to my DV's is up. Even though that's an arbitary period and not bound by law, at least I can demonstrate that I am acting on good faith even when they are not....

 

Thanks again!

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Sorry, Jen, I've been straight out this week and didn't have time to reply to this....

 

When you mentioned in a previous thread from another board member that you had info on NCA, I thought you meant something else besides letters. These are good examples, though.

 

I will be filing suit against them for repeated violations next month. (Hey, maybe they have a representative reading this forum! Heads-up, I'm coming for you! lol) I'm just going to wait until the 30-day period I gave them to respond to my DV's is up. Even though that's an arbitary period and not bound by law, at least I can demonstrate that I am acting on good faith even when they are not....

 

Thanks again!

 

what kind of info were you looking for?

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Hi Jen,

 

Hoping to find someone who's had success against these folks in the past that can provide some case analysis from their experiences.

 

Everything I Google on them actually demonstrates some very impressive FDCPA-abiding business strategies and it's very frustrating. Sometimes, I can't believe that I'm actually getting so many violations from the same company; they seem to be so on top of their game, legally. I'm a little concerned about going up against them in court because they do seem to be so well run from everything I've read....

 

But they're definitely working me over pretty good with their improper reporting on one account and their illegal collections activity on another.

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In my dealing with them, they kept violating again and again.

 

Have you read cases in PACER?

 

Once I filed with OSBC they left me alone.

 

If you're not comfortable going up against them and you don't want to file with state agencies on your own.... why not get an attorney?

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There are NO lawyers in New Hampshire interested in taking on FDCPA or FCRA cases. I've tried so many over the past two years and nobody is interested. Plus, in initial consultations with prospective attorneys, I've found that I know more about the law in this area than they do. It's FRUSTRATING.

 

Pitfalls of living in a small state, I guess.

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Hi Pressman0523,

 

I too am experiencing foolishness with NCA and yes they are a junk CA. I had an acct with HSBC Orchard Bank and 3 months ago began shopping for a mortgage. When I received an alert from Eq that an inquiry had been made I immediately looked them up and saw they were a CA. Then in June they posts on my reports stating they were collecting for HSBC but with past dues, last payment received,,,such and such like a creditor. Hello I just paid these jokers (HSBC) through another CA so what do I owe now; thus delaying my closing process!! Well I DV'd them AND I filed a complaint through BBB and explained I have copies of my letters from the CA I paid and HSBC both stating they never sold to NCA. So far BBB has been cooperative and whomever the correspondent Charles Hyter from NCA is, he's a 'bit over the top' in his replies. I imagine that each time I dispute his responses that he is literally jumping up and down stating that they have a bill of sale from HSBC. My last reply was I don't care I paid these people they are reporting paid and I want NCA to leave me the huckabuck alone.

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Hi Pressman0523,

 

I too am experiencing foolishness with NCA and yes they are a junk CA. I had an acct with HSBC Orchard Bank and 3 months ago began shopping for a mortgage. When I received an alert from Eq that an inquiry had been made I immediately looked them up and saw they were a CA. Then in June they posts on my reports stating they were collecting for HSBC but with past dues, last payment received,,,such and such like a creditor. Hello I just paid these jokers (HSBC) through another CA so what do I owe now; thus delaying my closing process!! Well I DV'd them AND I filed a complaint through BBB and explained I have copies of my letters from the CA I paid and HSBC both stating they never sold to NCA. So far BBB has been cooperative and whomever the correspondent Charles Hyter from NCA is, he's a 'bit over the top' in his replies. I imagine that each time I dispute his responses that he is literally jumping up and down stating that they have a bill of sale from HSBC. My last reply was I don't care I paid these people they are reporting paid and I want NCA to leave me the huckabuck alone.

 

again, I had good luck with the OSBC for the state of KS and the KS AG.

Edited by Jen23514
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ttt.

 

I was able to use the OSBC to my advantage again today with regards to RJM Acquisitions who insisted on reporting as an installment account. If you claim to have extended me credit, you better make sure the State of KS knows what you're up too.

 

Tomorrow? Arrow will get hit by a similar letter too.

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I'm working with the OSBC this week, as well, to correct the one account that is reporting incorrectly. But I sent out my ITS letter today on the other account. They're not reporting it (yet) but are continuing collections activities despite my timely DV and Limited C&D.

 

I suspect it will take some time, but I'll update again when something happens (or doesn't happen, as I suspect the case will be.... ) .

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