Nco- Collecting Old 1997 Citibank Chargeoff

[leserge]

What is the name of your state? ILLINOIS


My husband has been receiving threatening calls from a credit collection person from NCO he has stated that he has a citibank account that needs to be paid right now or he will garnish my husband's wages or file a judgement to get a 5600 debt covered my husband explained he hasnt been working in sveral years and has been in school so he had no income to pay and the guy basically called him a delinquent and irresponsible and when my husband told him to hold on a second not to talk that way to him the collector says he is recording conversations and if my husband was resisting payment he would pursue further steps. So my husband asked him how he got the account when it was listed as charged off he says they bought the account. We asked what terms they were looking for my husband explained he could not pay at this time but if he could give us something in writing we may be able to try to figure something out he said he only wants a check or credit card could be from a friend a sister mother or brother willing to help out but he needed $4000 right away before they took more action against my husband.

On the credit report it shows that the account activity POSSIBLY REOPENED maybe when NCO Bought it out back in 08/2004 does that start the clock of SOL?

We are in the process of refinancing but this agency NCO seems a little crooked we wanted to know should we pay them will this remove information from the report? The mortgage co wants to pay citibank off but when called citibank has no record of the account anymore, who do we resolve this with NCO SEEMS REALLY SHADY?

 

[seniorjudge]

What is the name of your state? ILLINOIS


My husband has been receiving threatening calls from a credit collection person from NCO he has stated that he has a citibank account that needs to be paid right now or he will garnish my husband's wages or file a judgement to get a 5600 debt covered my husband explained he hasnt been working in sveral years and has been in school so he had no income to pay and the guy basically called him a delinquent and irresponsible and when my husband told him to hold on a second not to talk that way to him the collector says he is recording conversations and if my husband was resisting payment he would pursue further steps. So my husband asked him how he got the account when it was listed as charged off he says they bought the account. We asked what terms they were looking for my husband explained he could not pay at this time but if he could give us something in writing we may be able to try to figure something out he said he only wants a check or credit card could be from a friend a sister mother or brother willing to help out but he needed it right away before they took more action against my husband.

On the credit report it shows that the account activity seems back on maybe when NCO Bought it out back in 08/2004 does that start the clock of SOL?

We are in the process of refinancing but this agency seems a little crooked we wanted to know should we pay them will this remove information from the report? The mortgage co wants to pay citibank off but when called citibank has no record of the account anymore, who do we resolve this with NCO SEEMS REALLY SHADY?

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[Shrike1070]

These are typical scare tactics used by collection agencies to get you to cough up money fast. The end of the month is fast approaching and these folks have monthly collection goals to meet, so they will say just about everything and anything to pressure you into sending them something.

DON'T DO IT! Educate yourself on how to proceed. Investigate the SOL in your state for charged off open accounts (credit cards). Write NCO to get a Validation of Debt. In the meantime, also send them a cease and desist letter requiring them to communicate ONLY with you via written correspondence. You can find form letters all over the internet that quote the particular laws necessary to do this effectively. Many of these collections agencies will back off once you start showing them you know YOUR RIGHTS and and THEIR LIMITATIONS.

 

[Ladynred]

NCO is a pack of screaming harpies who break the law daily. They have been NAILED by the FTC for their violations and ILLEGAL REAGING of debts on credit reports.

My husband has been receiving threatening calls from a credit collection person from NCO he has stated that he has a citibank account that needs to be paid right now or he will garnish my husband's wages or file a judgement to get a 5600 debt covered

Their threats are ILLEGAL !! They cannot make threats of legal action they cannot and do not intend to take. They can NOT garnish wages without first suing and winning a judgment. Further, the SOL in IL for credit cards if FIVE YEARS -the SOL expired on this in 2002 !! That means that they have lost the legal means to enforce collection of the debt.

The reason they came out of the woodwork IS the re-fi, they are sniffing around for money because of it.

Send them a cease and desist letter stating that they are never to bother you about this again as the debt is time-barred per IL statute.

Use this letter:
http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

IL statutes needed for that letter are on the same site.

a second not to talk that way to him the collector says he is recording conversations and if my husband was resisting payment he would pursue further steps.

PURE BULL !! Typical pressure/scare tactic - ignore it !

On the credit report it shows that the account activity POSSIBLY REOPENED maybe when NCO Bought it out back in 08/2004 does that start the clock of SOL?

NO. Only a payment could possible reset the SOL clock. Further, if this was charged-off in 1997, then it should have either dropped off his reports or will very soon. NCO can NOT put an obsolete debt back on his reports - that's what the FTC slammed them for last year. You might want to mention that they are violating the FDCPA and you are going to file a complaint with the FTC. You need to do it regardless, the FTC needs to know that NCO has not mended its ways.