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NCO Financial Attempting to Collect Post BK Discharge

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  • NCO Financial Attempting to Collect Post BK Discharge

    I had read warnings on this forum about secondary debt collectors attempting to collect discharged debt, so we were somewhat prepared for it. Was hoping they would not contact us but here we go. NCO Financial Systems, Inc sent us a letter just days after discharge attempting to collect a CC debt discharged in the BK. I looked them up on the internet and there are numerous law firms advertising to help you deal with this company. They have a very negative reputation. Lucky us!

    We plan on sending them a letter registered return receipt along with a copy of the discharge order. Would appreciate any advice on what to say in the letter and who should we cc on the letter.

    Thank you.
    Chap 7 Non-consumer --Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012

  • #2
    any collection efforts after a bankruptcy discharge, regardless who attempts the action, has a potential risk of violating two aspects of federal law. first, the bankruptcy laws prevent creditors from seeking any further collection efforts on a particular debt once the debt has been discharged. The creditor convicted of violating such is subject to penalties, fees and fines by federal law.

    secondly, if a collection agency has been formally notified in writing to cease and desist from all activities, they also become subject to the fair debt and collection practices act. This act also provides penalties and fees for any convicted violations of the federal law. so, i would send a certified letter as you suggest, with their account number you docket number and date of discharge and inform them they are in violation of bk laws, as the bk discharge protects you from any further collection action and they are to cease immediately, and if not you will file with the FTC...i have listed the site below just in case you need it.


    here's the site:

    https://www.ftccomplaintassistant.go...d.aspx?lang=en

    also here's the act:

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

    go get em!!!
    Last edited by tobee43; 01-22-2012, 08:42 PM.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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    • #3
      NCO can be ruthless and hard to deal with but when it comes to a BK they wll pay attention to the letter. They won't risk it. Too many others out there to go after. Just send them a letter with a copy of your discharge, return receipt. They will go away.

      Comment


      • #4
        Those guys are nasty to deal with, American Express used them on my account.

        Comment


        • #5
          Originally posted by tradinglife View Post
          Those guys are nasty to deal with, American Express used them on my account.
          Was that before or after BK7 discharge? How did you deal with them?
          Chap 7 Non-consumer --Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012

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          • #6
            Originally posted by nohoneymoney View Post
            Was that before or after BK7 discharge? How did you deal with them?
            Before bankruptcy, we have been fortunate that we have not been contacted by any creditors since discharge. It is nice to answer the phone again without stressing over which collector is calling! It's kinda funny that one of the nastest collectors was squeezing us for $250 a month , they kept saying it wasn't enough, threatened garnishment if we didn't pay them more, this eventually was one of the reasons we decided to file BK. So now they don't get #**##@ from us,can't say that that doesn't make me smile a bit!

            Comment


            • #7
              UPDATE: We took everyone's advice and fair warnings dealing with NCO and sent a stern letter telling them to cease attempts to collect a discharged debt or we would file suit in Federal BK court and file a complaint with the FTC. We included our BK information. We sent it registered return receipt and sent second identical letter to them via regular mail. A trick we had seen others use. We will only know if it works if we realized one day that we haven't heard from them in months. If it didn't we will hear back quickly.

              BTW I loved the one sentence in their letter. "If you do not reply to this notice within 30 days we will assume that you have validated this debt." Right....that will hold up in court!!!!

              Thanks for the help.
              Chap 7 Non-consumer --Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012

              Comment


              • #8
                Keep us posted if you hear further from them, or the debt gets sold to another company. We have had that happen with a phone bill and a medical bill. Good luck!
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

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                • #9
                  Originally posted by AngelinaCat View Post
                  Keep us posted if you hear further from them, or the debt gets sold to another company. We have had that happen with a phone bill and a medical bill. Good luck!

                  Every day that passes that we have stopped paying the bills, i fear the calls and the knocks on the door. This is a terribly stressful situation for someone who never missed a payment for over 25 years. I'm not looking forward to what I have been reading with respect to collection practices.

                  Comment


                  • #10
                    many of us have been there so we understand. i know this may not help much but once your bk is over it will all pass. just use google voice mail or don't pick up the phone, that may help a bit, just not speaking to them at all, especially if you know you will be filing soon.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                    • #11
                      Originally posted by Me2Broke View Post
                      Every day that passes that we have stopped paying the bills, i fear the calls and the knocks on the door. This is a terribly stressful situation for someone who never missed a payment for over 25 years. I'm not looking forward to what I have been reading with respect to collection practices.
                      After reading this forum I had the same feeling. It’s very stressful for sure. It turned out that my imagination was worse than reality. The best advice I can give is to just take it a day at a time and work with what you got and what you can control rather then stressing over what might happen.

                      Comment


                      • #12
                        Originally posted by Me2Broke View Post
                        Every day that passes that we have stopped paying the bills, i fear the calls and the knocks on the door. This is a terribly stressful situation for someone who never missed a payment for over 25 years. I'm not looking forward to what I have been reading with respect to collection practices.
                        You have to realize these creditors(unsecured) can do nothing to you without first filing a court action and winning a judgement. You have complete control of the situation. I used to play a game with the collectors who called. I would see how long I could keep them on the phone and finally advise them I had saved several other people from their calls. Other times I would answer their questions with nonsenisical responses. Drove some nuts.

                        We stopped paying all unsecured debts in January 2009 and did not file Chapter 7 bankruptcy until September 2011. We had one lawsuit filed in early 2010 that I fought and the attorney for the plaintiff ended up filing to have the case dismissed. The summer of 2011 brought 4 lawsuits so we had to file then.

                        Anyway, you are COMPLETELY in charge of the debt collection process regardless of what they say. Until you send them money, they are really at your mercy.
                        Last edited by OhioFiler; 01-27-2012, 05:05 PM. Reason: spelling
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                        Comment


                        • #13
                          Originally posted by nohoneymoney View Post
                          UPDATE: We took everyone's advice and fair warnings dealing with NCO and sent a stern letter telling them to cease attempts to collect a discharged debt or we would file suit in Federal BK court and file a complaint with the FTC. We included our BK information. We sent it registered return receipt and sent second identical letter to them via regular mail. A trick we had seen others use. We will only know if it works if we realized one day that we haven't heard from them in months. If it didn't we will hear back quickly.

                          BTW I loved the one sentence in their letter. "If you do not reply to this notice within 30 days we will assume that you have validated this debt." Right....that will hold up in court!!!!

                          Thanks for the help.

                          Way to go!!! NCO is relentless, but I think you definitely called their bluff! : )

                          Comment


                          • #14
                            Originally posted by angles View Post
                            After reading this forum I had the same feeling. It’s very stressful for sure. It turned out that my imagination was worse than reality. The best advice I can give is to just take it a day at a time and work with what you got and what you can control rather then stressing over what might happen.

                            I intellectually understand that. I just wish i could feel that way. Thank you for the advise, one day at a time is really all we can do.

                            Comment


                            • #15
                              Originally posted by OhioFiler View Post
                              You have to realize these creditors(unsecured) can do nothing to you without first filing a court action and winning a judgement. You have complete control of the situation. I used to play a game with the collectors who called. I would see how long I could keep them on the phone and finally advise them I had saved several other people from their calls. Other times I would answer their questions with nonsenisical responses. Drove some nuts.

                              We stopped paying all unsecured debts in January 2009 and did not file Chapter 7 bankruptcy until September 2011. We had one lawsuit filed in early 2010 that I fought and the attorney for the plaintiff ended up filing to have the case dismissed. The summer of 2011 brought 4 lawsuits so we had to file then.

                              Anyway, you are COMPLETELY in charge of the debt collection process regardless of what they say. Until you send them money, they are really at your mercy.

                              Thank you Ohio, I appreciate your input. I can see many on the forum have been through this. I like your attitude and will not be sending any money.

                              Comment

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