First of all, I was not aware of the debt. Also, I believe my credit is in good standing. However, all of a sudden, I received a letter from First National Collection Bureau, Inc. that I owe a $952.00 debt. I called and they told me to call NCO Financial Systems. NCO asked for my social security and told me that the debt was with American Appliance from 1997 which was about 10 years ago. This doesn’t make any sense to me. They told me that they’ve been trying to contact me by mail at my previous address. How come it took them 10 years to discover my current address? Also, what is a statute of limitations (SOL) and how does that apply to me in Pennsylvania?
So I called First National Collection Bureau during their "office hours" and I got a message saying "We are unable to transfer your phone call. Please call again at a later time." In that case, I looked up their name and phone number on www.mybbb.org and no matches showed up. I also called NCO and asked if they had any associatio with First National Collection Bureau, but I have the feeling the operator could not understand me. Finally, I looked up the number given to me by First National Collection Bureau online and it does not match for NCO.
Joe Cool wins today’s "Studly’s Moronic Answer" award….
I’m gonna give Rich A an honorable mention. Why is it that when you become a collection agent you automatically assume every debt is legitimate and the debtor has to pay it? Did you not see the part in the question where he said he was not aware of this debt? Just contact the collection agency and make payment arrangements! BULL!
You also need to re-read the Fair Debt Collections Act. When you tell a collection agent to not contact you, that means forever! Not 90 days! And the fine isn’t $10,000….it’s only $1000. (Wish it were higher). Did you ever read the FDCA???
OK, so let me once again attempt to clean up these bad responses…..
1) This debt is from 1997. The SOL for most debts is from 4-6 years. But in this case, you claim it’s for an appliance. Very good chance this was a written contract, and the SOL on those can be longer. But very rarely more the 10 years. In Pennsylvania, both written and open contracts have a SOL of 4 years. You are safe.
2) Identity theft is a big problem. You are most likely a victim. Your message leads me to believe you have never looked at your credit report. I suggest that you look at link #2 and study it about Identity theft. Get a copy TODAY of your credit reports at http://www.annualcreditreport.com there is no charge for this.
3) Send a letter to the collection agent demanding that the validate the debt. See the third link for a good sample template letter. Include wording that this debt is past the Statute of Limitations, and that they are to "cease and desist" further contact with you. This will stop their calls and letter. Once they realize that you are aware of your rights, and you know the SOL has expired, they will stop pestering you.
The only thing they should send to you is a copy of the proof this is your debt. That means a copy of the signed contracts, bills, receipts, and everything used to calculate what they claim you owe. I’m guessing they don’t have it after this long.
Regarding this nonsense about calling the Better Business Bureau….people need to stop referring these jokers. The BBB is made up of business people. They claim to "self police" their members. They have no legal authority. They do not help you with legal matters. The very best you can get from them is a list of complaints against the company, so you can decide if you want to do business with them. Why on earth would you want to do business with a collection agency? This advice always makes me giggle….
Contact me if you still have concerns.