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  #1  
Old 08-20-2007, 05:38 PM
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Join Date: Aug 2007
Location: Pennsylvania
Posts: 47
Unhappy

Has anyone been Sued by NCO / Applied Card in PA


What is the name of your state? PA

I am going to court this Friday for a credit card debt. I am wondering if anyone else out there has been sued by NCO Financial or Cross Country Bank (now Applied Card - I'm sure ther's a very good reason why they changed their name). About 10 years ago I received a phone call saying I qualified for this Visa card - that it would only cost $100 (and other processing fees). After great payment record of that card - they gave me a Master Card (again charging). I went over the limit once on each card about 6 years ago - and the fees snowballed. I made payments every 2 weeks on them and the amount owed just kept getting higher.

After 2 years - and the amount not going down despite $60--$75 payments every 2 weeks (on $700 credit limits) I stopped paying on the advice of one of the reps. They said - let it go to collections so the fees will stop, then they can set up a payment plan - i did - and they said they don't do plans - it had to be paid in full. Needless to say - I didn't have the now $2000 + for each card. That's when the harrassment began. The final straw was last August 2006 - "Hector" who regularly called my hom and job, called and told my 17 yr old daughter that a warrant was going to our home that day and that her mom was going to F-ing jail for not paying her bills. My daughter (who was home with my 5 yr old daughter) called me crying thinking that I was going to jail. I am all she has - she has not seen her father in 5 years - can you imagine - now losing your mom?

This collection company then called my job and said the same thing.

I filed that day with the Attorney Generals office and the Federal Trade commission - - and after that is when the y decided to sue me. I am countersuing for harrassment. I don't want any money - I just want them to not be able to do this to anyone else.

Does anyone have any suggestions for me for this Friday?? Thank You!!What is the name of your state?
  #2  
Old 08-20-2007, 06:54 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Did you try a search of the forums for NCO ?? LOTS of people have been sued by them !!

Quote:
They said - let it go to collections so the fees will stop, then they can set up a payment plan
And you fell for that whopper of a lie ?? What a crock !
Quote:
"Hector" who regularly called my hom and job, called and told my 17 yr old daughter that a warrant was going to our home that day and that her mom was going to F-ing jail for not paying her bills.
Too bad you didn't record that threat.. because it is a blatant violation of the Fair Debt Collection Practices Act !

Quote:
This collection company then called my job and said the same thing.
Still a violation and if you'd ever told them that they are not allowed to call you at work, calling you there is yet another violation.

Quote:
Does anyone have any suggestions for me for this Friday??
When was the last time you made a payment to the original creditor on this debt ? If it was more than 4 years ago, then the debt is past the Statute of Limitations to enforce collection of a debt and you can - and must - use the expiration of the SOL as your affirmative defense and likely get the whole case thrown out. Then you counter-sue the slugs for FDCPA violations !
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  #3  
Old 08-21-2007, 09:16 AM
Member
 
Join Date: Aug 2007
Location: Pennsylvania
Posts: 47

NCO lawsuit...


Thanks - I will do a search on NCO.

I didn't believe the threat - it was my 17 year old daughter who was home and got the call, and sadly she didn't know what these people legally can or cannot do - so of course she was very upset at the idea of her mother going to jail.

Yes - they have been told numerous times (many) not to call my job. I have always told them to call me on weekends or after 6pm - so that they could reach, not my kids (they even left a message one time with my 5 year old - I mean realllllllyyyy....

My credit report shows last payment being March of 2003(which seems about right - I know it was 2003). They filed suit 6/07 which puts them over the 4 year mark.

Like I have said to people that I discussed this with - it's not about suing them and winning money - it's about countersuing them to make it known that they cannot continue to treat people this way. I will not pay anyone who threatens, strongarms people. When that is done - they will continue to practice that way. I have never avoided paying them - I paid for over 2 years trying to pay down the debt - but to go from about $700 to thousands of dollars in a small amount of time - - RIPOFF!!!!

I have other credit cards, etc... and no problem!!

Thank You
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