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04-23-2008, 11:43 AM
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#1 (permalink)
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Member
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Question about Cap1
Hi im knew to this and and ive been reading, and reading for all hours of the night. There is alot of great info on here. So i want to say thanks to all who reply with useful and very helpful info. My question now. Most of the post i have been reading about cap1 say they normally dont sell there paper. The letter i recieved from the attorney says Cap1 is the OC. NCO is the client. How does NCO play into this. Are they just a JDB? Are they part of of affiliated with Cap1? Everyone talks about how well Cap1 keeps there paperwork, so would NCO have all the proper paperwork ie.. signed contract etc...? Also with the SOL being so close in my state(within months) , or if I use CAP1's Law of Provisions , SOL has been out for almost a year. Would that be the reason Cap1 would sell to a JDB? Thanks to all.
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04-23-2008, 11:53 AM
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#2 (permalink)
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Elite Member
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Quote:
Originally Posted by zpcg05
Hi im knew to this and and ive been reading, and reading for all hours of the night. There is alot of great info on here. So i want to say thanks to all who reply with useful and very helpful info. My question now. Most of the post i have been reading about cap1 say they normally dont sell there paper. The letter i recieved from the attorney says Cap1 is the OC. NCO is the client.
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NCO the client? WHO is the CA? To me this means that OC sold to NCO who now owns the debt and that a CA is trying to collect on said debt.
We would need to see the info on the paper.
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How does NCO play into this. Are they just a JDB? Are they part of of affiliated with Cap1? Everyone talks about how well Cap1 keeps there paperwork, so would NCO have all the proper paperwork ie.. signed contract etc...? Also with the SOL being so close in my state(within months) , or if I use CAP1's Law of Provisions , SOL has been out for almost a year. Would that be the reason Cap1 would sell to a JDB? Thanks to all.
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I am sure others will give you more info.
ILMD |
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04-23-2008, 11:56 AM
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#3 (permalink)
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Member
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ILMD, yes paper from Borak(CA) says client is NCO, Creditor CAP1, letter says they are going to protect there CLIENTS intrest.
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04-23-2008, 11:58 AM
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#4 (permalink)
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Member
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Both the CA and NCO call my home, I sent a certified letter to NCO for validation and request that it was inconvient for them to call me please do all correspondence through the mail.
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04-23-2008, 01:02 PM
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#5 (permalink)
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If You Do Not Like It, Kiss My...
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Cap One has morphed into a National Bank sometime in the last 4-6 weeks. Expect them to start selling their paper, rather than holding onto it forever.
NCO and Borack are both CA's under the FDCPA. Sounds like NCO is the JDB, and Borack is the CA.
__________________
How come "phonetically" is spelt with a "ph"?
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04-23-2008, 01:09 PM
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#6 (permalink)
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Member
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Why would they both call? Also they are refrencing my wife in there messages as well, this alleged account is prior to us being married or even meeting. Is there any recourse for this?
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04-23-2008, 01:17 PM
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#7 (permalink)
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Member
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Quote:
Originally Posted by zpcg05
Why would they both call? Also they are refrencing my wife in there messages as well, this alleged account is prior to us being married or even meeting. Is there any recourse for this?
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would FL Stat. 805.b play into affect here? |
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04-23-2008, 10:32 PM
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#8 (permalink)
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Administrator
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Quote:
Originally Posted by zpcg05
would FL Stat. 805.b play into affect here?
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There is no FL Stat. 805.b.
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-23-2008, 10:34 PM
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#9 (permalink)
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Member
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sorry FDCPA
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04-23-2008, 10:34 PM
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#10 (permalink)
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Administrator
Join Date: May 2006
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Capital One most likely sent the account to NCO and NCO has hired Borack to file suit.
If you have not already done so, DV Borack and CC NCO.
Once you received your initial phone call from NCO did they send you the required letter? If so, when did that happen?
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-23-2008, 10:37 PM
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#11 (permalink)
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Member
Join Date: Apr 2008
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Will DV BORACK, what is CC? No NCO is calling just like Borack. I DV'd NCO on the 17 of this month. I thought they were supposed to stop calling while the verified account.
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04-23-2008, 10:38 PM
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#12 (permalink)
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Member
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NCO just started calling, havent recieved a letter from them.
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04-23-2008, 10:44 PM
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#13 (permalink)
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Administrator
Join Date: May 2006
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Quote:
Originally Posted by zpcg05
NCO just started calling, havent recieved a letter from them.
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They have five days from the date of that initial phone call.
Next time Borack calls, tell them you are receiving calls from another CA.
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-23-2008, 10:48 PM
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#14 (permalink)
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Member
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In regards to there same dispuit or tell them its from there client? After five days from there initial phonecall and i dont get a letter what recourse do i have?
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04-23-2008, 10:53 PM
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#15 (permalink)
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Administrator
Join Date: May 2006
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Quote:
Originally Posted by zpcg05
In regards to there same dispuit or tell them its from there client? After five days from there initial phonecall and i dont get a letter what recourse do i have?
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Tell them that another CA is calling and they need to prove that they have the right to collect. But that is what the DV letter is for.
If you NCO fails to send proper notification, it's an FDCPA violation, albeit a technical one.
What is the amount that Borack is claiming is owed to Capital One?
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-23-2008, 11:01 PM
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#16 (permalink)
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Member
Join Date: Apr 2008
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Well they say OC CAP1, client NCO, a little over $3700.00 priniciple, a little over 2700.00 intrest. one of there lines in there letter state that this communication is from a debt collector, i thought they were a law firm
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04-23-2008, 11:09 PM
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#17 (permalink)
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Administrator
Join Date: May 2006
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Quote:
Originally Posted by zpcg05
Well they say OC CAP1, client NCO, a little over $3700.00 priniciple, a little over 2700.00 intrest. one of there lines in there letter state that this communication is from a debt collector, i thought they were a law firm
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But they still must conform to the FDCPA.
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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