Abusive Tactics Used By Some Debt Collectors

Please contact us to post abusive tactics used by debt collectors.

National Credit Acceptance

Tactic: National Credit Acceptance (a.k.a. N.C.A. Financial, Inc) located in Sacramento, CA has engaged in caller ID spoofing in an attempt to get debtors to answer the phone. Often times, National Credit Acceptance will spoof your own home phone number; you think a family member is calling you and it turns out to be a debt collector.

Violation: May be violating the Fair Debt Collection Practices Act (FDCPA) § 807. False or misleading representations.

Tactic:

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N.C.A Financial, Inc.
1731 Howe Ave., Suite 254
Sacramento, CA 95825
Phone: 800-258-6520
Fax: 916-364-0699

EMPLOYMENT VERIFICATION
Please expedite!

Date:

Attn: Your Employer

Reference number:

Regarding:

S.S.N.

Attention: (Any Human Resource Person found on company website)

We are currently in the process of preparing a credit account file on the above named individual. Please supply the information requested below as quickly as possible. This information will be kept in strict confidence and use for verification purposes only.

Date of Hire: ______________ Last Day (if applicable): ______________

Number of hours per week: ______________ Permanent/Temporary: ______________

Position/Job Title: ______________ Department: ______________

Salary/Rate of Pay: ______________ Current Wage Garnishment:Yes/No

Payroll Address: ___________________________
Physical Work Address: ________________________________________________

Please verify if residence information is still current as per your files:
Address: (the current address they have on file) Yes/No Phone: (the current phone number they have on file) Yes/No
Verify by: ___________________ Position: _________________ Date: _______________

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Violation: May be violating the Fair Debt Collection Practices Act (FDCPA) § 807 § 805. Communication in connection with debt collection (b) COMMUNICATION WITH THIRD PARTIES. May also be violating state laws regulating consumer collection agencies, such as in the State of Florida, FL. Statutes. 559.72(4).

Tactic: A debt collector may tell you their looking at your credit report as they speak to you on the phone; however, no credit report is in front of the debt collector.

Violation: n/a

Tactic: Shame. Debt collectors can make you feel ashamed and irresponsible for not paying your debt.

Violation: n/a

Tactic: Threats. Debt collectors may threaten you to believe that you may be in criminal trouble.

Violation: Violates the FDCPA. Debt collection civil lawsuits jeopardize your wages and property.

Tactic: Debt collector may tell you they need additional financial and personal information before a payment plan is authorized or a settlement agreement will be offered.

Violation: If you opt to setup a payment plan or settle the debt for a reduced amount, the only thing of importance is an updated written document stating the new terms. Any other additional information provided to debt collectors is used to update your file; they want to make sure they can contact you if you miss or stop making payments.

Tactic: Debt collectors may make illegal and false representations to consumers such as: your account is currently being reviewed in our pre-legal department, a lawsuit will add hundreds of dollars to your balance and then your wages will be garnished; calling your employer and stating your return call is of utmost importance; you'll be visiting by a fraud investigator because you obtained products and goods on credit with no intention of repaying (it's the same as writing a bad check dude); disclosing personal financial information to friends and family;

Violation: Violates FDCPA and possible state consumer protection laws.

Tactic: Aggressive. A debt collector will leave stern messages on your answering machine. A debt collector will try to control the phone call with his tone of voice and over-talking you. They may tell you to grow-up, stop making excuses and be a responsible adult. Debt collectors will also be very persistent; the debt must be paid today.

Violation: n/a

Tactic: If a debt collector believes you may be of foreign nationality, they may hint that you could be deported for not paying your debt.

Violation: It's illegal for debt collectors to threaten deportation for not paying a debt.

Tactic: Reaffirmation. It's also called re-establishing, revving or re-aging. After the statute of limitations has expired, the debt collector cannot legally sue you and obtain a judgment against you; however, by reaffirming the debt, the clock on the statute of limitations is reset, giving the debt collector another opportunity to sue you, possibly putting your wages in jeopardy of being garnished, your bank accounts seized and your property being taken away from you to repay the debt. Depending on your state, acknowledging the debt in writing or over the phone can reaffirm the debt. Hence if you get a letter or call about a debt over the phone, do not admit to anything. If you get a phone call, tell the debt collector you'll wait for their letter; the FDCPA requires the debt collector to send you written communication about the debt within five days of the initial contact with you. Also, do not sign and return back any written communication to the debt collector; this may also constitute debt reaffirmation. For example, in the State of Florida, debt reaffirmation for a time barred debt is valid if you sign written communication acknowledging the debt (FL St 95.04). It's best to contact an attorney if you receive communication about an old debt.

Violation: n/a

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