The debt collection industry is the subject of more complaints than any other industry under the purview of the U.S. Federal Trade Commission. Although the law prohibits it, debt collectors often resort to bullying and threats to make consumers pay up. If this happens to you, be aware that such behavior is illegal and you have recourse under the law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) makes it illegal for third-party debt collectors to harass and intimidate consumers into paying a debt. If you are being pursued by a collection agency that uses tactics like the following, they are breaking the law.
- Using profane and obscene language
- Discussing your debt with anyone except you, your spouse or your attorney
- Demanding amounts not supported by law or the original creditor agreement
- Failing or refusing to identify themselves as debt collectors in every communication
- Calling at inconvenient times, usually before 8:00 a.m. and after 9:00 p.m.
- Calling you at work after they’ve been advised that such calls are not allowed
Company Profile: NCEP, LLC
If you are being called by NCEP, LLC, information about the company is below.
NCEP, LLC is a debt collection agency located in Carson City, Nevada. It was established in 2006, collects debt across the nation, and is managed by Brett M. Samsky. Records archived at the PACER (Public Access to Court Electronic Records) website confirms that consumers allegedly being harassed by NCEP, LLC have taken the company to court to seek damages.
Alleged Violations against NCEP, LLC
Bertha Jimenez vs. NCEP, LLC*
According to PACER, on or about December 1, 2012, NCEP, LLC contacted TransUnion regarding a credit card debt allegedly owed by an Illinois resident. The balance originally reported was $1,223, but when the plaintiff checked her credit report on Experian, it alleged a balance of $1,325 account balance in November, 2013, even though NCEP, LLC had no statutory or contractual right to collect an additional $102 on the alleged debt.
In December, 2013, the company inexplicably decreased the account balance, communicating an alleged amount of $1,223 to Experian even though the plaintiff had made no payments toward the debt. Confused and feeling harassed by NCEP, LLC, she hired a consumer attorney and sued the agency for the following alleged FDCPA violations:
- Attempting to collect amounts not supported by law or the original creditor agreement
- Using false, deceptive or misleading means to collect a debt
- Communicating false information to the credit bureaus
The matter was later dismissed.
Hire a Creditor Harassment Attorney
The phone numbers for NCEP, LLC are:
If your phone rings and either number appears on your caller ID, be aware that you are being called by NCEP, LLC. If they report inaccurate information to the credit bureau and damage your rating, hire a consumer attorney. If you file a claim against NCEP, LLC with your attorney’s help and win, you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. Don’t let a debt collector bully you into an even worse situation. The law protects you if they cross the line.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:14-cv-07539 from the United States District Court for the Northern District of Illinois, Eastern Division.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against NCEP, LLC or any other third-party collection agency, you may not be entitled to any compensation.