The NCS settlement letter - ignore or write to them to dispute debt?

[heartglass]

I've been ignoring Getty letters for over a year now, and just received a collections letter from NCS offering to settle for about half.

"Your continued failure to pay the demand above can result in further costs and escalated proceedings for recovery of the amount due. Such actions may include the initiation of court proceedings to settle the unauthorized use claim."

and then

"Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this matter or any portion thereof, this office will assume this matter is valid. If you notify this office in writing within 30 days from receiving this notice, this office will prove verification of the matter. This is an effort to effect a settlement and any information obtained will be used for that purpose."

What's the recommended action at this point? I'm inclined to ignore again, since I don't ever deal with collections agencies, but should I contact them to dispute the debt?

Does this settlement letter mean that Getty has sold the debt and is done trying to collect?

Thanks for any tips.

[Robert Krausankas (BuddhaPi)]

Generally what happens at this point is typical collection agency harassment, they'll call, send letters, the usual MO..Personally i would not have ignored it from the beginning, as this will look bad if it does goes further and lands on a judges desk.. He/she will most likely frown upon the idea of you ignoring it.. Being as this is a "claim" and not a debt, I don't think NCS has much leverage, you may consider contacting them and refusing such claim, whilst at the same time tell them that your attorney is now handling this. This will make them send it back to Getty. I would consider having Oscar draft a letter on your behalf, then neither party can contact you in the future, and if this is dealing with 1 image, hopefully it will just go away.

[heartglass]

Just an update - We decided to send a letter indicating that we refuse such claim, and that our lawyers are now handling this.

Our letter must have crossed paths with their updated letter which was received via fax today:

--------------------------------------

2nd Request for Response
This is an offer of settlement.

Dear xxxxx

As you are aware we have been retained by Getty Images to resolve the matter captioned abo e in regards to your unauthorized use of a Getty Images represented image.

Your continued failure to pay the total amount listed above can result in further costs and escalated proceedings for recovery. Such actions may include the initiation of court proceedings to settle the unauthorized use claim.

Continued usage must be with the full knowledge and consent of Getty Images and will be subject to their standard charges. Please contact our office immediately to arrange for payment.

*This is an effort to effect a settlement and any information obtained will be used for that purpose.

--------------------------------------------

I guess it may be time for an Oscar letter. Any thoughts?

[Robert Krausankas (BuddhaPi)]

I would call NCS, tell them you dispute this "claim" and remind them that, as this is a claim and not a debt, they have no business contacting you at all period. Further that by stating you have hired counsel to deal with this matter. This should force them to send it back to getty. I can't tell you whether to retain Oscar or not, but chances are it's not going to go away by itself..

[SoylentGreen]

Just a quick inquiry for Buddhapi and Matt.

Would it be possible to add a few more "categories" to the forum?
Such as "Collections, ex. NCS", "General Discussions re: Photography / Stock Art".

This isn't a complaint about how things are now, however I notice that folks ask about similar things fairly often.
It might save some time if future posts could be even more categorized.

S.G.

[Robert Krausankas (BuddhaPi)]

I think it's a great idea SG, it will be helpful in the long run

[Oscar Michelen]

Just because it looks like a collection letter doesn't meant that it is.  You cannot be put into collection nor can this be reported to a credit reporting agency nor can your credit be harmed by a Getty claim because it is just that a claim and not a debt. I have no problem with additional categories, whatever helps find  info though you can search the forum

[Matthew Chan]

The short answer to the suggestion of adding more categories is the fact that the volume of posts are still relatively light. Yes, it does make some topics and posts easier to find but having had many years of online community management experience, it makes for a very boring (and less participatory) forum when you have a specialty forum that stagnates and is eventually orphaned.

Think about this:  we have a collections forum but exactly how many people will be posting there?  It is way too specific and destined to become a "dead forum".  As it is, there are days that this forum is very quiet.  Readership remains very high but the number of people who actually participate is still very small.

The answer to frequently asked questions is to create FAQ section or FAQ post.  But the problem here is no one gets paid anything to do all this work of categorizing and organizing the information in such a way that it is "served on a silver platter". Someone has to do the work.

If someone wants to create and assemble common questions and answers into a post, I will be happy to "sticky" it provided the answers are inline with what we already know to be true.

On a macro-scale, the power of this online community encourages the organic growth of this online database. Unfortunately, segregation often hinders and hurts growth.  For now, we are keeping most of the posts and activity concentrated into very few forums.

Yes, I know it makes it more difficult for newcomers but let us not forget they are not paying anything to access all this information. So, if that means they have to work a little harder to get and search the information, then so be it (for now).

I will not say I won't ever change my position on this.  I have to watch the overall activity. But for the near future, that is my position on new categories as the Community Leader.  Not trying to be an ass in my tone, just trying to be clear and direct in what the current ELI priorities are.

Matthew