darling v NCO Europe

[darling]

HELP PLEASE !!!!!!!

 

Just had a call on my mobile, from a guy at NCO regarding my capital one card account. I sent a prelim request for £314.00 on 3/10. And I only owe Cap One £441.01. This guy was so rude it was unbelievable. He threatened me with all kinds of things, ie sending people (thugs) round to the house etc etc. I told him that I have sent them a letter confirming that the a/c is in dispute, and also a CCA 1974 he told me i was thick and no way was I going to get away with all of this.

 

Anyway I basically told him to F**K OFF and not to contact me again, unless its by post. He then informed me that they will be calling me whenever, and wherever they like and there is nothing I can do about it.

 

Has anyone any idea what I can do now.

[nathal]

I have called nco and i always get the same guy, who is rude and hangs up and lies to me.

 

Following that i have had 6 phone calls per day.

 

In your case write asking them to stop contacted you by phone, there is a template letter for this.

 

If u've sent cca request and they dont respond get onto trading standards right away because they have been informed what a cca request is and not to ignore it by trading standards officer.

 

If they continue contacting you by phone report them to the relevant authorities.

 

I have had postcards from this crowd saying they are gonna call out by never do, after me wasting a whole day waiting for them.

 

Dont let them bully you.

 

You have the right to deal with the original creditor.

 

Send letter asking them to cease and desist

[hagenuk]

Darling, send them something like this.

 

Dear

 

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

 

As you have demonstrably failed to abide by my instruction I feel I have no option but to report your conduct to the relevant statutory authorities, including Trading Standards, the Financial Services Authority and the Office of Fair Trading.

 

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal office of harassment and will be naming you in my statement to the police.

 

I trust that I have made myself clear and that all future correspondence with your company will be in writing.

 

Yours sincerely

 

[karens25]

i hate these people, i sent them a cca request only to have the £1 credited to my account!!perhaps its worth writing to cap one and reminding them that they (capital one) remain responsible for the conduct of any external agency engaged by them even if the alleged debt has been assigned!! and also they are in breach of the banking code as no collections activities should take place on an account that is in dispute!!

i have not bothered writing to nco again as my postal order was clearly marked "for information only" and they chose to ignore the letter, which is a legal document, that i sent with it!! the clock is ticking!

good luck and dont let the b*****ds grind you down!!

[nathal]

karen- when the time limit is up- report them to trading standards

[karens25]

hi nathal

had the same problem with moorcroft whose time is up tommorow.. can you advise me on the wording i should use to report them to trading standards

thanks karen

[nathal]

there is a template for non compliance with the cca request.

 

i'll try to get it

 

it goes along the lines of, detailing your request and when sent telling it was recordeed mail,

they have not compliance with statutary request, so they have commited a criminal offence.

 

but to prevent this matter being passed to the fsa, moorcroft are to write off the balance, removed info from cra's and return monies paid,

[darling]

The 42 days have been and gone, due date was 1st Dec. So what happens now, have NCO any comeback etc etc etc. Do I need to send another letter, if so is there a template somewhere.

[darling]

Received a letter just before the new year. NCO obviously are carrying on a normal. They are insisting that I contact them to finalise resolution of the outstanding account.

 

What do I do now. 1) Ignore them. 2) Phone them. 3) Write to them, and report them to Trading Standards and the Financial Ombudsan. If option 3) What shall I put in a letter to them, is there a template anywhere.

 

Can anyone help please.

[primrosea]

Hi, i had a very distressing phone call from NCO today, i explained that i was not going to answer their security questions address etc, the caller got abusive, i told him not to call me again & that i would complain, he taunted me with "who are you going to compain to " i put the phone down, He called back 4 time within the next 10 minutes hanging up each time, than called again 20 mins later harrassing my partner. who shouted that he doesnt want him to call me again. we are both so shaken up now.

 

so who can i complain to? i am fumming. how much right does NCO have to persue me for a capital one default.

[iwannabedebtfree]

NCO are a bunch of idiots, they do not read the letters you send to them, they certainly dont care you that ask them not to contact you by telephone. I suffered the same to the point that trading standards are investigating my complaint and i was cheeky enough to send a copy to the FSA, the next complaint letter is going to FISA (financial industry standards association) but whether or not any of these have the teeth to resolve the issue i do not know. what i do know is my arrangement to pay monthly i agree to and now every so often i enjoy listening to them talking **** on the telephone reminding them that the telephone call is being recorded and to watch what they say as the tape will be transcribed for court if required

 

I would check to see if NCO own the debt, normally they chase up on behalf of the company, if they do not own it tell there where to go, they cannot do anything, deal with the company to whom the debt is owed, and i would do it in writing and enforce that they understand you will only deal with them and you will pay £xx per week/month etc, i know at the moment orange own my debt with NCO chasing them, and every complaint i send wherever orange get a copy reminding them they own the debt they are responsible for these ppl's actions and when i do take court action they will be named too.

 

Darling in reply to your thread, i would write to trading standards, send copies of letters you have sent NCO ie. the CCA request and advise TS that they are now in breach of the act and to chase you up would be a criminal offence, send a copy of NCO's letter chasing you after the breach and see what TS want to do or advise in the first place, then write to NCO, or not depending on your mood!

 

Adi

[Perseus]

Oh Boy

It looks like I might be in for a bumpy ride looking at this thread! :o

 

Got an MBNA account which has just passed S.A.R - (Subject Access Request) 7 day non-compliance.

Going to escalate my communications to the Vice Pres, with the cca request template wording inserted, and forewarn them to withdraw their communications with NCO.

Anyone turns up on my doorstep - they'll have an 8 stone German Shepherd, and a 20st 6foot8 ex doorman (me) to play with!

 

Good fortune Darlin,Hagen, Primrosea and all....

[spotnot]

Anyone turns up on my doorstep - they'll have an 8 stone German Shepherd, and a 20st 6foot8 ex doorman (me) to play with!

 

Whatever battle you are fighting in, I'll be on your side!!!!