Masterfile Letter: Is this a Scam?

[RosebudTiger]

Yes, MF is definitely using NCS now, and they seem to be getting more belligerent.  AFTER I told them (NCS) to leave me alone, I still received a letter and several emails, each progressively more nasty.  I informed them that this is a claim that I am disputing, not a debt, that I have requested specific information from MF to substantiate their claims, that MF has not responded to these requests, and to cease all communication with me.  I had to demand this three times and threaten to file formal complaints with the AG, BBB, FTC, etc. before they finally stopped.  I haven't heard from them, or from MF for several weeks now.

[SoylentGreen]

MF's filed a few Canadian lawsuits in recent months.
It looks as if two of them recently settled out of court.

Enter the word "masterfile in the from:

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_queries_e.php

S.G.

[artalacarte1]

After 6 months, now a "recovery specialist" from NCS is back asking me to:
Good afternoon.  With regards to the above unsettled matter, please respond to this email with your settlement intentions.  As you are aware, over the past several months I have been trying to work with you in resolution but you have yet to respond to my emails". I did respond to someone's e-mails by the way. Thank you in advance for any advice!

[Robert Krausankas (BuddhaPi)]

hahah pretty funny...they have no way of knowing if you even get the emails, I say bin it and let them pick up the phone or send certified mail..at which time you can tell them to stuff it, as it's a claim.. If you already told them it is a claim and not a debt, I would advise replyinhg to them and making themn aware that you told them this was NOT a debt and to not contact further, and since they did also advise them, you will be filing a complaint as they are not following the fair debt act...and do just that!

[Jerry Witt (mcfilms)]

Pretty sure Robert means "making them aware that you told them this was NOT a debt..."

[artalacarte1]

Thanks Robert! I will just do that as I already told them that this is not a debt.
And Jerry, yes I'm sure Robert meant not.

[artalacarte1]

This this what I just got back:
"Please be advised that the FDCPA, Fair Debt & Collections Practices Act is not the governing body in matters such as this.  I am attempting to work with you in settlement for the unauthorized use of my clients rights-managed material, otherwise known as copyright infringement.  With my last email I requested you respond with your settlement intentions.
 Should this matter be released back to my client and their Legal Department for escalation, they will no longer be willing to settle this matter with you."
Any idea what to do about this?

[Couch_Potato]

It's simple.

The only people who can pursue you for copyright infringement through the courts are the copyright holder (photographer) or exclusive licensee (supposedly Getty).

Only the copyright holder can assign those rights elsewhere.

If it is not a debt then NCS have no authority in the matter. I'd tell them to get lost.

[Robert Krausankas (BuddhaPi)]

Agreed, it's simple, they have not proven their claim, and as such this still remains as such, I would report them, and include every instance thereafter. This must be a newby with NCS, as we've never heard the reply like this before..If you do report them make sure to name the person that is contacting you as well.

[Couch_Potato]

It might be new to NCS but that's the standard line wheeled off by Atradius in the UK when challenged on their ability to collect a 'debt' for Getty. Seems perhaps Getty is sending all their 'debt collectors' a response to use if anyone asks why they are chasing a debt that doesn't exist.

[Greg Troy (KeepFighting)]

I think my response would have to be let's see what the AG and the FTC have to say about this.

[artalacarte1]

Hello,
They're back...
This is what I got from NCS a couple of days ago:"Good afternoon.  As you know a settlement offer has been presented to you in this matter, for $970.00.  Although this amount is far less then what my client would expect to receive, or has received in matters such as this, none the less the offer has been made and accepted by Masterfile.
To date, and through several communications with you (nothing in over thirty days), we are no closer in settling then we were when the offer was originally made.  With that, and at this time it is important and I am aware of your intentions regarding the settlement to my clients claim, so that I may accurately update my client.  If you simply have no intention of settling my client's claim, at their advise, we must rescind our offer and release this claim back to our client and their Legal Department for escalation.  Should we release this matter back to Masterfile, I assure you, they will no longer be willing to settle for an amount anywhere close to what they are prepared to accept at this time". I've been telling them to go away (nicely) as this is not a debt...What do you think I should do now??? Thank you!

[Robert Krausankas (BuddhaPi)]

This really is not rocket science, we've already told you how to handle NCS, multiple times. They have no say, this is a claim, not a debt, no one has supplied you proof of who owns what..They will continue to grill you until you either act or cave in. Furthermore it's an email, of which they have no idea if you're even getting them, simply report them and be done with them..then get prepared for MF to continue to hassle you or hire Oscar, or just pay them the full amount.

[Greg Troy (KeepFighting)]

You also have the option of fighting it yourself. All the information is here on how to do it. If you want to fight I suggest looking at the experiment against Getty thread.

[stinger]

You also need to step back and understand that when they say,

Should we release this matter back to Masterfile, I assure you, they will no longer be willing to settle for an amount anywhere close to what they are prepared to accept at this time

, it sounds very threatening and scary to you.

What it really means is, "If you won't pay us, we are powerless to make you pay us, and we are going to give this back to Masterfile as uncollectable."  It doesn't mean that Masterfile is going to do anything.  At best, they might try to give it to another bill collector, but the odds of their filing suit over an amount this small . . . you should be able to figure it out.