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Portfolio Recovery Associates contacted me in 2007 to collect a debt for a utility bill I don't owe (from apparent ID theft). The bill is from 2006 at an address I moved from back in 2004. In other words, I was not there to run up the utilities. I have been at my current residence since 2004.
I cooperated initially, thinking this would be easily cleared up--the landlord confirms we left in 2004, the deed for our house closed in 2004 and is available at the courthouse. We provided copies, and all documentation they asked for. In retrospect, my faith that a collection agency would be willing to clear up a mistake was pretty naive, but I'd never had any dealings with collection agencies before.
As it turns out, they have screamed at me, called me names, called me a deadbeat--all this is against state law: West Virginia Fair Debt Collection Practices Act § 46A-2-125, Oppression and abuse.They even told me to pay the money even though it is not my debt because it will be the only way they will leave me alone. I don't know if this is strictly against the law or not, but it probably made me madder than anything else they have done. Pay money I don't owe?! I am far more likely to sprout wings and poo on their heads.
They have threatened to garnish my wages (I don't get wages, so this would indeed be a trick.) Also, that threat is against state law, as well: West Virginia Fair Debt Collection Practices Act § 46A-2-124.
In addition, they frequently refuse to identify themselves when they call--this is also against state law: West Virginia Fair Debt Collection Practices Act § 46A-2-127, Fraudulent, deceptive or misleading representations. They call, but won't state where they're calling from--they only give a name and number, but not a business. They insist, "It's personal!" The number, naturally, Googles as Portfolio Recovery Associates.
They have also threatened to come to my house and take things. They have threatened to sue me. And so on. Keep in mind, that all this would be very, very illegal even if I actually owed the money, which I DO NOT.
I had an attorney write a cease communication letter to them in January 2008, and they STILL continue to contact me, against state law. After that, they did stop calling until October 2009--I thought it was over-- but for some unknown reason have begun again. I have not spoken with them for this go around: they have instructions to contact my attorney, and they can do that. I don't need to be abused again.
Currently I have complaints pending at the VA BBB and with the WV state Attorney General. (I am in WV, and they are in VA.) Our attorney General in WV doesn't seem to have patience for this sort of thing, so I have hopes that this will finally be resolved for me. If this is happening to you, please contact your state Attorney General's office. It was hard to get anyone else to listen.
Ironically, their motto is "Giving debt collection a good name."
Portfolio Recovery Associates operates illegally, and they can't be forced to stop if your attorney general doesn't get reports from abused people like you. Even if you do actually owe the money they are trying to collect, there are laws they have to follow, and this outfit does NOT follow them.
Find your state's Fair Collection Statutes here:
http://www.attorneysforconsumers.com/state-debt-collection-laws.html
Call your state AG!
BTW, the Minnesota Attorney General is currently investigating them:
http://ago.mo.gov/newsreleases/2009/Fradulent_debt_collectors_scam_gets_busted/
Hopefully, my attorney general will be investigating them soon, too.
Call your attorney general to make a complaint so this company will have to follow the law. Find your state attorney general here:
http://www.naag.org/attorneys_general.php
Your attorney general can make them stop illegally abusing not only YOU, but others like you: elderly people they like to intimidate, single mothers, veterans, anyone. Even when you owe a debt, there are laws they have to follow, and this company does not follow them. Report abuses to your attorney general!
As an update--and more reason to ALWAYS report issues like this to your Attorney General--I got a letter from the office of the WV attorney General last week, letting me know they had already assigned someone to advocate for me. That in itself was somewhat surprising to me, just because the response came so quickly, about a week after I had submitted the official report and sent my documentation. I had the impression that it would take them time to evaluate my complaint, even though it is quite straightforward. But they responded right away. Who would have guessed government could work so fast? I love West Virginia.
A week after that, I had a call from the gas company, the "original creditor." Mind you, I had spoken with them originally in 2007 about this issue, and was told they had no record of my having called to turn off the gas. That they didn't show a record didn't surprise me terribly. The natural presumption was that if they'd had a record of my request, it would have been turned off properly. Portfolio Recovery Associates was meant to have "investigated" my dispute, so presumably Hope Dominion Gas would have checked again (but I don't believe PRA did any sort of a real investigation with the gas company). Then I spoke to the gas company again recently, asking them for a record of the account. Always pleasant and polite (unlike the abusive PRA), still they said again they had no record of the request. I simply thought it somehow hadn't been recorded or saved when I called to have the gas shut off.
When I got the call from Hope Dominion Gas this past Friday, though, they told me the AG had already been in contact with them. (How's that for fast work?) They added this nugget: they did, after all, have a record of my order to shut off the gas. They found the record on a work order when they did an investigation. Apparently, someone had gone to the rental house to turn off the gas, but couldn't get in (internal meter) to take a final reading. So, inexplicably, it was left in my name. They don't have an explanation as to why that happened rather than, say, making an estimate for the last bill or something else reasonable. Nor do they have any explanation as to why this would have been let go to run a bill in my name for two years. I am also not clear as to why they couldn't find the record of this earlier... and I'm not sure they are, either. However, there you have it: that's how it began.
This was not illegal on the part of the gas company (so far as I know), but it was certainly sloppy and bad practice. The person I spoke to at the gas company--Tammy--commented that this was the second time they had discovered something like this in the last 6 months. I think I understood her to say that they are going to try to pursue the bill with the people who actually did run it up, although I'm not sure how easy that will be. I wish them luck. They did tell me that they were "recalling" the debt from the collection agency, and that it would be removed from my credit report. (However, PRA reported it a second time to my credit report, so they will have to remove it as well.)
As to Portfolio Recovery Associates, I presume the AG's office is now investigating the way they repeatedly broke the law by contacting me after they had been directed not to, threatening me, refusing to identify themselves and on and on. That remains. I think reporting a single debt twice is also illegal, but I could be wrong about that. Again, the thing that makes me probably maddest is when they told me that they believed me that the debt wasn't mine (after having seen my documents), but they wanted me to pay, anyway. Isn't that simply admitting you're a fraud? Isn't that some terrible sort of hubris, suggesting that they can simply force people to pay them money via intimidation, threats of wage garnishment and other strong arm tactics too bountiful to ennumerate here? Outrageous.
PRA's response to my complaint at the BBB was this: "Given that this matter is the subject to multiple complaints with other regulatory bodies, for the purposes of this complaint, I will simply confirm that PRA's collection attempts on this account will cease." They missed the first deadline to respond, but did barely make the extended deadline (after the AG was on the case).
I "did not accept" this response, since they must also agree to remove it from my credit report AND they must agree not to resell the debt. I presume this will be an easy thing to agree to since the gas company is recalling the debt. I also hope they are required to pay fines for having broken the law. In fact, I hope the AG can put them out of business in our state. This wasn't a simple case of a (bad) error, as it was at the gas company. This wasn't just one jerk, or two or three. This wasn't sloppiness. It was pervasive abuse, criminal behavior, by everyone I dealt with at that company. Shameful, shameful!
Report abuses like this to your attorney general so companies like this are put on notice that they can't simply ignore the law to collect, not even if the debt is real. NO ONE deserves to be screamed at, called names and terrorized by these bottom feeders.
While I agree with the last two comments, I must point out that in this case, it's beside the point, and in many cases it's beside the point. The debt was not mine. This isn't a matter of getting in over my head due to either miscalculation on my part or to the tragedy of losing a job, or to having someone in my family get ill. Portfolio Recovery Associates doesn't care of the debt is legitimate or not. That's the point.
As to "Crybabies, " it is certainly illustrative that this poster would write the exact same post twice, nearly 60 days apart. Folks, this is either just a troll or someone Portfolio Recovery Associates has employed to obfuscate the real issue. The issue (in this case) is that it wasn't my debt to begin with, AND that I was unable to clear it up in the normal way of things, by following the process and disputing the debt. Notice that Crybabies suggests that I didn't do that, when clearly I did. Feel free to browse some other complaints on this board, and you will see that comment posted several times in other threads, too.
If Portfolio Recovery Associates was an ethical business, certainly it would be possible to clear up a legitimate dispute, with legal documentation to back it up such as I had, quickly and easily. However, it required the attorney general of my state to get involved to clear this up in the end. When the AG wrote them, they were happy to clear it up as fast as they could.
Please reread my original post and follow up. Of course there are laws about fair Debt Collection that should be followed, even when it *is* actually your debt. People are not bad just because something bad has happened to them. However, this wasn't a case like that. Crybabies is most likely paid to post here so people who don't read these things carefully (but just skin to get the gist) will see at the bottom of the page "gee, why don't deadbeats just pay their debts?" implying that the debt was actually legitimate when it was not. This should also tell you something about the way Portfolio Recovery Associates operates and what the corporate culture is like there.
The complaint has been investigated and resolved to the customer’s satisfaction.
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Wow. I was about to set up payments for the little debt they billed me for, but it sounds like doing that will only open up a whole new can of worms. Off to the shredder...
seventeen,
They do need to validate the debt in writing if you request it. They went after me over a debt older than 17 years. I sent them a debt-validation request as well as filed complaints with both the Federal Trade Commission and my state's Attorney General office. My complaints were filed based on the pursuit of time-barred debt and failure to send me anything in writing within 5 days of their first communication with me. They decided to leave me alone. Any correspondence with Portfolio should be done via certified letter, return-receipt requested. Good luck.
TiredOfCrybabies Is From Virginia, HMM Same Place Portfolio Recovery Associates is based. Bet he/she works for them!
I recently started receiving calls on my cell phone at 6:30am. After I had researched the number I found out it was this Portfolio company. I have NO idea why they would be contacting me as I know I have to outstanding debts. How could I when I have obtained mortgages and refi's in the last 25 years. I know both my husband and I had paid off all outstanding debt, including a couple that had been in collections, so that we were able to obtain the mortgages or car loans. They call a couple of times a day and it is very interrupting.
While I do not want to give someone undue attention this person "Tiredofcrybabies" may need to live in the real world as most of us do, if they do indeed work for Portfolio then I truly feel sorry for them. Sometimes issues occur when eating may take precidence over paying a bill. Normally most of us will catch up on those bills at some point, however, just because someone is having a problem paying a bill they incurred does not mean they are to be subject to a [censor]ic and unjust style of collection. These types of companies should be held to their actions.
It gets even funnier and I defy even Tired of Crybabies to defend this attempt to extort money not owed.
I legally emigrated to this country in June 2009 and two weeks ago started getting calls from PRA about a debt I had run up with a credit card company in 1997. At first I tried to reason with PRA even offering written proof that I was not a US citizen until 2009. The girl I spoke to was not in the slightest interested in my offer. Her reply over and over again was " You must be lying as we have that debt in your name"
Having read all the comments here though I'm learning and have as of two days ago sent them a cease communication letter so we will see how it goes from there ;)
I feel Portfolio Recovery is crooked, a scam. Why? They started at us years ago. Their harassment come and go with us. When they originally called us years ago they claimed we owed them money. I asked from what, who? They couldn't tell me! Huh? All they could tell me was that they bought the debt from someone. Well, who did you buy it from? Another collection agency who gave up on collecting! They told me it's gone through a few collection agencies and the original information has since been lost! Huh? BUT! They could tell me that the original amount was for about $200 and that it has since ballooned to about $3-5000, I forget the amount. HUH? No idea what they were talking about! We had no previous debts that we were aware of. The funny part is that it was about the same time we started hearing on the news how companies scamming people claiming they owed debts and demanding payment. So I knew something was fishy.
They too demanded large amounts of money immediately, wanted our banking information, social security numbers and other personal info that I refused to give without knowing who the original debt was with and specific amounts and dates of the original debt and so on. They refused. So I asked them, "Does it make sense to hand over money to someone out of the blue claiming I owe them money when I don't?" They said, OH YES! I said, OH NO! If that's the case, I can call up any stranger and demand money with no proof and harass them until they give me their banking info. No wonder the elderly and naive get trampled on.
So it is still years later and we have moved a lot in the military. We just moved again. They found us immediately and the phone calls have begin relentlessly. We have Verizon Fios for our phone and we can go online to block numbers. This time around they are using multiple numbers so when I block one number they call the next day with another one! These people are not giving up for years! But I refuse to give money to strangers who I don't owe money to and cannot give full information of the original debt!
And to the [censor] who keeps posting they were crybabies? You're obviously just posting to be an idiot (or a Portfolio employee) because if you actually read all of the comments you'd see that these aren't all people who refuse to pay a bill, like myself! There's no record that I ever owed them anything! They're scamming me. How can you not know what the original debt is from and what the original amount was? SCAM! And people who do owe money aren't saying they won't pay. They're saying to follow the laws and don't harass people. Is vulgarity necessary? It's not their money personally. They are a money hungry company that will use any means necessary to get some, whether it's due them or not! Would you hand over money if someone called out of the blue and said, "Give us $2000 or else!" That's insane and I refuse to be scammed anymore!
Those of you who thing you are "high and mighty" need to get a life! I have been on both spectrums of the circle and loosing your job isn't a pretty sight! Unfortunatly it's the ways of this century! My husband also used to be a collector and although he lasted about a year, collections isnt a pretty job.. BUT.. it's a job! This company seems like they are idiots anyway! No way should a collector call a debtor names or cuss them out. It's plain unprofessional. No matter how much the debtor owes or how many times they refuse it's just not right! Their job is to collect money, not harrass and call people names.
About 2 months ago my husband and I both fell victims to fraud. This was alittle differnt however much of the same as most of the complaints I have seen. In this case it was for a "paydday loan" that we had never done and my husband and I received 2 differnt calls from the same person using several differnt names. They also called and threaten that they were outside our front door to arrest us and then when that didn't work we were called evry name in the book.
When are creditors going to learn that by not throwing around the "power" they will get more from the debtor?
To those that aare condemming these people that have lost their jobs or have been part of fraudd, you all need to shut the heck up because if you haven't ever been in that position, you will never know what its like! Get a life and stop bdgering these people. This board is for people that want to file complaints about collectors!
There's a class action suit against PRA. If you're a member of that class, SIGN UP and MAKE THEM PAY!
http://www.lawyersandsettlements.com/case/telephone-consumer-protection-act-violations-class.html?ref=newsletter_bca
My wife has received numerous notices from this company. The debt was actually mine from before we were married. It was an account strictly in my name. Unfortunatly it was a credit card that I defaulted on due to losing my job. I ended up through my lawyer being able to pay off the old debt. Now they are trying to assign some of the already paid debt to her. I am absolutely beside myself as we've worked hard to clean up our credit and now this?
I fully agree with the complaint against Portfolio Recovery Associates as posted here. These "people" (I use the term advisedly) have been calling me for nearly a year, sometimes as much as 6 times a day. They won't leave messages with regards to the nature of the alleged debt that I supposedly owe; if I don't answer the phone, they simply hang up when they get the answering machine. I find that to be very rude, and if an attorney ever files a class action against Portfolio Recovery, I will be more than happy to join in.
A little tidbit about the statute of limitations. After 7 years past when a debt's last payment is received, a creditor or collection agency can no longer take LEGAL action to make you pay it back. This, however, does not mean you get a free pass to run up debt and never pay it back. Here is my advice...if you have outstanding debt you know you rightfully owed at one point, suck it up, put your big boy pants on and pay YOUR debt. Even though it might be with a collection agency that probably paid way less that what was owed you YOU for the debt, they paid more for it that you ever did ! So, since the original creditor had to pay taxes on YOUR debt while you were stiffing them every month on YOUR statement when they sent it to you, and finally took the hit and SOLD the account to 3rd party collections for less than YOU owed originally, I think the only sane and reasonable thing to do is...ding ding ding ! Finally own up to your debt and PAY IT ... I am not sure how any educated person would come to the colclusion that if they run up a bill...and wait long enough without paying it...that they should not be held accountable for THEIR DEBT...
HAVE A WONDERFUL DAY
Here is what some people are doing to get back at Portfolio Recovery Associates. Put an ad on Craigslist for free stuff or deals that are too good to be true.
Here is an example of one ad that I saw on Craigslist:
Free scrap metal, aluminum, copper, shelving
We are closing down our shop and have a yard full of metal, aluminum, copper & shelving that needs to be gone by next week.
Bring a truck or trailer... we can load for you.
[protected].
[protected] is PRAs corporate number. They also have two other numbers [protected] & [protected].
They receive hundreds of calls a day and as fast as they can get the ads deleted you simply put it up again. This also costs them money since it is a toll free number where they pay for all calls coming in.
You can also do ads like free furniture or price items way below fair market value etc... to generate LOTs of phone calls.
Time to start a pitition on facebook get it signed and forward the pitition to every State Attorney General across the United States...Good time to do it with an election coming up. Most comments from above must be employees of this great creditable corporation. Statue of limitations harassment should be a criminal law.
These people are really easy to deal with...I got a notice in the mail...I did research...on Statue of Limitations, Licensing with in my state to collect such a DEBT (they had no right in my state) ... Now in my case I had LOST my job and was NOT eligible for unemployment benefits...I had 4 outstanding debts... the most important one NOT to default on was the Car Loan because with out a car I really would of been stuck. The first thing I did was to call the loan company, explain the situation and that they would be getting payments on a regular basis but NOT for the entire amount...the Lady that I spoke to was really nice...I called her 2x a month to keep her up to date on the situation...
1 Personal Loan and 1 Credit card from a local bank...they took me to small claims...I hammered out deals and I paid them in full
1 Credit card I just could NOT pay on...with the court judgement and the car there was just no money...but the Credit Card company called and wanted to settle...they said...basically... Pay 35% of the entire amount and we will all it even...they wanted 3 payments of $425...I agreed...the remaining balance was $2100 that in the letter I got from the Credit Card company was written off...bad mark on my credit yes...but we settled.
Fast forward 9 years... this PORTFOLIO RECOVERY ASSOCIATES mailed me a letter and wanted to collect the ENTIRE amount owed on that credit card...I was thinking how can this be?...I did my internet search and laws and etc...and I found this letter on the internet...I sent it to them...I have NOT heard from them since the mailing that I got this Past October 2011...
Regarding your account number: [protected]
I am sending this letter to you in response to a notice I received from you on October 12, 2011. Be advised, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and a validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired
Show me that you are licensed to collect in my state; and
Provide me with your license numbers and Registered Agent.
If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
This letter shall also show (but not limited to) you, your company, computer generated calls, computer generated letters or any of the third parties that you hire, employ, or any of Portfolio Recovery Agency employees or legal agents are NOT to contact me other than written correspondence.
Any violation of this will be considered as harassment and I will have no other recourse then to inform all agencies and the State Attorney General of your actions.
Any attempt to contact me other than written correspondence will be followed up with my States Attorney General and with any other agency that has jurisdiction over such practices.
All future communications with me MUST be done in writing and sent to the address noted in this letter.
This is an attempt to correct your records, any information obtained shall be used for that purpose.
For those of you who need a strong letter...this worked...they have never called me at home/work/or emailed me or mailed me a letter!
Good Luck folks...
so, uh have any one of you thought about actually talking to the other person on the line? they would prlly help you if you would just talk it out, right?
one last thing, i have 9 things i just wrote down as reporting negatively on my credit report. ranging from med bills to credit cards ...im in the same boat...if the person you are talking to is treating you like ###, hang up and call back. collection companies operate in call centers, so when you call back you will get someone else. and if you truly want to resolve the matter (if it is not yours, or if you want to actually pay it) you will.
They are a FRAUD! sent me a letter. I called the company that they said i owed and the company states my account is good and they did not authorize PRA to contact me. Glad i didnt send them $.
New Portfolio Debt Recovery caller ID & number WINTERGRDN FL [protected]. I receive automated telephone calls from a caller ID: PORTFOLIO RECOV [protected] day and night. When I pick up the phone and wait a few minutes I get a message that says the office is closed for the day. When I call back the next day I get the same message. I get these calls 2 or 3 times a day at random times. No one ever answers when I pick up the telephone.
JustGettingStarted, file complaints with the FTC and your state's Attorney General's office. If they are calling you outside of legally-permitted hours, it is a violation of the Fair Debt Collection Practices Act. If they are calling and you're getting "office closed" messages regardless of the time, that sounds like harassment. I think you can now file with the FCC for that. I would also send them a debt-validation letter, certified mail, return-receipt requested. They left me alone after I filed the Federal complaints and sent them the debt-validation letter.
Today my Husband recieved a call from Manuel from Portfolio Recovery Associates, he was trying to collect a debt for a credit card that suposedly went into collections back in 1999, thats 13 yrs ago ! Manuel said that he could take this off his credit report, my husband told him that it is not and has never been on his credit report. Manuel said its because there is a different credit report for buisnesses. He had the last 4 of my husbands social, birth date, full name as well as his new cell phone number. Taking into concideration that he was saying the name of the bank wrong, and that my hubby has never had a Bank of Marin card he asked for all of the information and decided to call the bank... just in case. He called the bank where Manuel claimed that he had an account with, but they have no records of this bill at all. The bank also stated that their company policy is than within the first 7 yrs they send their past due amounts to a debt collections agency and if the first company can not collect within a certain amount of time they send the debt to a second collections agency. If the second collections agency can not collect then they write it off. The State of California has a statue of limitations of 7 yrs so watch out for PRA trying to take advantage of people who may not know.
My husband has repeatedly gotten statement in the mail from PRA, and it is not his debt. We have called and they refuse to provide anything with his signature on it, confirming it is his. Also, we have only been married for 4 1/2 years, and, and these people have been after him since before I met him. Now I am concerned about MY own credit because of this, and I had NOTHING to do with it, and have never had a debt in my life that I didn't pay off completely and on time. Just because we got married, does not mean this fraudulent debt is mine as well, and I should not have to pay nor should I be responsible for it. Let them harrass his ex-wife who he was married to still, but separated when we met, as they were still married when this debt was incurred.
And yes, please, as the note says above, check the spelling before you post!
I received a call from a Portfolio Recovery Associates collector who said I owed money on an account that I've never had. He had an incorrect address history for me and the wrong middle initial, too. I told the collector that it was obvious he had the wrong person. He said he'd check into that and call me back. I felt suspicious because he seemed to be phishing for information and told him not bother me about this again. About a week later I started getting almost daily phone calls from PRA collectors, when they identified themselves I hung up -- thinking it was more of the same scam. I finally looked the company up online and found this board which has some good suggestions on how to deal with this sort of harassment. I emailed the disputes department at PRA and told them that they had the wrong person and if they didn't stop harassing me, without sending me a VoD, I would report them to the State Attorney's office, and every bureau, agency, and commission I could think of that might have an interest in their shady practices. After a couple days, the calls stopped and I thought the matter was settled, but tonight there was a story on the news about how the State's Attorney General is going after these "junk debt" collection companies for illegally collecting debts -- some past the statute of limitations -- from people who don't even owe them. The Attorney General recommended suing the collection companies before they have a chance to have a court hearing -- without any notification to the alleged debtor -- and garnishing bank accounts and/or wages. The Attorney General is proposing a bill the will force collection companies to verify the debt and also notify the "debtor" of any court hearings. From the MN Attorney General's website: "New legislation backed by Minnesota’s attorney general would create tougher requirements for debt collection companies operating in the state.
Attorney General Lori Swanson says too many companies that buy debts from creditors have flimsy information about what is owed by whom and sometimes wind up going after the wrong person. The new bill would require companies to show proof that they’re suing the right person for the right amount of money when they go to court."
I just got my free credit report today, just to check it, to see if my credit is still in good shape, and one of the inquiries about my credit was by these ###s. They are trying to collect a debt that is 25 years old! The company I owed the debt to doesn't even exist anymore, and they called me non-stop until I got rid of my home phone, now they call my dad. I tried to work something out with the company I owed the debt to, but they wouldn't work with me, and child support was more important than paying them, so I stopped. Granted, I owed that company money, but I am sure that debt was written off, or bought, years ago, and I will be damned if I pay these useless lumps of sh** anything! The company I owed the money to was no better than a payday loan company, and these people are even worse. I have talked to numerous people and heard the horror stories, including a blind woman in a wheelchair, whom they harass constantly. In my opinion, these people rank right up there with child molesters and the people who abuse the welfare system . What kind of loser takes that job? I think I have more respect for drug dealers, than these maggots.
We're always taught that we are considered innocent until proven guilty...This is not the case when it comes to debt collection. If you are sued, you must show up at the court date and dispute the debt there. Then you can finally force the collection agency to produce evidence that :
1. The debt is valid
2. They have a legal standing to sue you for the debt (a number of documents required to prove that they have the legal right to sue YOU for the money they claim they are owed. )
3. The amount claimed is accurate
4. The debt is still within the statute of limitations for legal remedies
A note to 'How Long With This Account Last?"...Once the consumer is being hassled by debt collectors, (debt buyers) the OC has already written the account off. Paying the debt buyer has no affect on lending rates, because they have no influence on financial markets. Debt buyers almost NEVER have the legal standing required to bring a suit anyway. They know this, and still fill the courts with in-house generated 'affidavits' making claims they know they can not back up in most cases. They make their money from 'summary judgements' on the people who do not know their rights and don't show up in court to force the agency to prove their claim. If you don't show up, the assumption is that the debt buyers claim is factual! You will then be legally obligated to pay a debt that, otherwise might not even be valid!
May I ask you if PRA is real company? Where are they coming from? PRA called here and cussed with me which is unprofessional conversation. I told them that I will be cooperate with them if they send me a letter with an explain why I owe debt collection. They said I have to make an agreement and give them my bank info etc. I refused until I see my own eyes to read a letter what was going on. They kept on saying they will put my name that I refused payment to them. I never say that. Is PRA really harassment to you sometime becuz of that?
Betty F., Yes they are a real company. Sadly, the tactics they use are very common in the debt collection business. You see, even though debt buyers may own the 'debt', and the right to try and collect the debt, they have no one to legally collect it from. You weren't involved in the selling of the debt, nor agreed to pay anyone other than the original creditor. Because of this, you have no legal responsibility to pay a debt collector a dime. Debt buyers try to CREATE an agreement with you. By using the harassing and intimidating tactics you were subjected to, they hope to get you to make a payment over the phone, to make them stop the harassment! Once you've made the payment, you've created a legally binding agreement with them. The last thing they want to do is have to PROVE what they claim, because, in MOST cases, they CAN'T prove what they claim! If they get a payment over the phone, you've agreed to pay them without them having to prove anything. When you asked them to send you a letter, you asked them to VALIDATE the alleged debt. YOU have the right, under federal law to have the debt fully validated prior to agreeing to pay them anything. You CAN fight back! Send THEM a letter asking them to validate the debt. Ask them for 1. Proof that the debt is valid, and 2. Proof that they have legal standing to demand money from you. State that you are disputing the entire 'debt'. Type your name at the bottom of the letter (never sign a letter to a debt collector, as the signature has be known to show up on faked documents). Send the letter certified mail with a return receipt requested. If you send this letter within 30 days of their initial contact, they must, by law, stop all collection activities until they properly validate the debt. If you live in a 'One Party Recording' state, you can legally record your phone calls with them without telling them you are. The recorded calls can be very valuable if you have to go to court. Never acknowledge a debt to a debt collector. If you want good legal advise, goto www.naca.net and find an attorney in your area. NACA attorneys specialize in dealing with debt collectors. Some have free consultations. If they sue the debt collector on your behalf and win, the debt collector must pay your legal fees. If you do decide to pay the debt collector, use a cashiers check or money order. NEVER give them access to your bank account or credit card numbers (debt collectors have been known to clean out bank accounts and/or max out credit cards). Hope this helps!
I just had a call from them, the associate hung up on me when I told her they were violating FDCPA laws by calling my cell phone while I was working. and that I had told them this repeatedly. so I called them back and asked for the corporate number so I could make a complaint, they then tried to tell me they don't have access to the corporate number. I told them that I work in a call center and I know for a fact they have access to the corporate number, bc when I call the corporate number they have online, it sends me right back to collections, so I asked to speak to his supervisor, when his supervisor got on the phone, he asked for my ssn, and I told him to look it up by my number, and he hung up on me. so I called back and they told me the only thing they are allowed to assist me with was helping me clear up my debt ( which is charged off and no longer valid and im not paying), and that he wouldn't help me with anything else.
LaceyP, There is no use trying to reason with debt collectors. It does absolutely no good to make a complaint to their corporate office. They KNOW they are violating the FDCPA, the FCRA, and numerous other laws. So does their corporate office.When theyt someone on the phone, their hoping that person doesn't know they are breaking laws left and right. You've made it clear to them that you ARE aware they are breaking the law. That's why they don't want to talk to you now. Send them a certified letter, with return receipt requested, stating that the debt is invalid, you will not deal with a collection agency regarding this debt, and they are to immediately stop all collection activities and remove any trade line off of your credit reports. Type your name on the letter, do not sign it. That should be enough to get them off your back.
A girl with a very plugged nose voice called my number stating that she was calling from Accelerated Servicing Group, which is no where on Google, but was also known as, Sinergy Recovery, LLC (notice the spelling of Sinergy) which is not a member of the BBB but has a grade of a B-. She stated her name was April Horton who used a lot of legal terms that don't even apply in her otherwise horrible sentence structure. She used terms such as "implications", "allegations", "review and prepare cases" (which illegal practicing businesses could and would never be able to do), "file cases, if need be", "her recommendation" She provided two numbers to return [protected] and [protected]. This company is "affliated" with "The "Firm" of Johnston (Johnson) and Associates" who is opperating illegally and who have received a grade of "F" by the BBB. Are being investigated by Federal Law Enforcement Authorities, The Federal Trade Commission, and several state consumer agencies as well. They change their number as they use while calling you throughout the day, along with friends or family members they try to contact you thru, they yell, harass, and threaten. The have a voicemail when you call that states that "if you've received a court summons". Pretending to be a law firm. Refuse to be recorded when you call them. Call regarding old debits paid or not, focus on people with bad credit, senior citizens, and people who are uneducated regarding the Fair Debit Collection Practices Act. Know the laws in your state regarding debit collection and debit collection practices. They have to be able to provide you in written form validation of the debit and the original company the alleged debit stems from, not by phone, and not by email. Some states and laws make it illegal for them to take the funds out of your bank account and how much interest they can charge. Most pay day loan scams violate all of these laws and rules and regulations. They will continue to call, do not answer, do not admit to any debit to these people, run your credit report, if you are in question to whom you have actual debits, verify them through your credit report, debit accounts bought and sold report on your credit report, most follow the law, do not call you at work, friends and or family looking for you, do not harass and threaten you and use scare tactics and pretend that they are law firms.
Why would anyone stick up for Portfolio recovery? They probably work for them. Why else would somebody be reading complaints from people that have dealt with them? For fun? e.g I woke up this morning and decided that would go read stuff about Portfolio Recovery, but I have no debt. I just want to let people know that I am sick of listening to crybabies about their debt because I enjoy reading their complaints. (makes sense right?) Get real if your sick reading about complaints about Portfolio Recovery, then why are you on complaints web-site? Tired of crybabies must be the most board person on the planet or maybe he just works at portfolio recovery services. Wealth is transitory, humility is perpetual.
Checked credit report after getting summons. No communication from this company just summons. After checking credit report payments are shown I NEVER made! Making the debt look excepted by me and current. This has got to stop!
@ freeman890: The only way to stop this is to sue them. It's the only thing they will truly respond to. Go to www.naca.net and find an attorney in your area. N.A.C.A. is the National Association of Consumer Advocates. The associated attorneys know just how to fight and beat these ###. Most attorneys have a free consultation. If they take your case and sue the collector, and win, the debt collector will not only have to pay you, but will also have to pay your attorneys fees to boot!
Once a collection agency purchased your debt it is already paid to the original debtor through insurance. The debt collection agencies buy it & harass you to collect money. That's the business they are in. Legally, you do not have to pay any money to a third party debt collector . They know that and that is why they use scare tactics. They are violating the fair collection act everyday. They are preying on the fear and lack of knowledge of the public. FEAR is false evidence appearing to be real. Legally you made no contract with them and that is the end of it. They have no power other than to harrass people. They have no legal standing period.
I have just got a phone call from [protected] and the recording said that it was portfolio recovery associates on my cell phone then the person was nasty with me witch it is my right to know who they are tring to reach sience i have just goten this phone and phone number. So if they ever call my number agian i will call FTC and a lawyer and suw.
I have 12 year old closed account portfolio is trying t collect on they call my husbands number harass him he has medical problems, iI have blocked # several times, I also hold a capital one card as does my hubby and we are in good standing on our credit checks credit scores are high bought 2 houses yet these People continue to harass us and wont stop the old account is closed and has been for sometime .we are 71 and 72 year old people, this needs to stop these people need t be stopped thank yu Georgia Marks
What about people who got a check for $8 for a class action suit for PRA illegal collection practices. My spouse was diagnosed with a rare cancer. I was literally sleeping in the floor at MD Anderson hospital. Portfolio Recovery never stopped calling my cell phone at all hours even when I'm begging them to give me a break! The debt they bought is more than 6 years old. Cry baby? You try and wear what lots of families wear. I didn't deserve what Portfolio Recovery did! My spouse going through absolute hell trying to survive battling a horrid rare disease he survived five years. Just the monthly medications were $600+ a month. Insurance co-pay for harvesting stem cells is $50, 000. An amazing beautiful person devastated. Then a process service beats on the door and serves a summons. Funny there was no court date or we would have been there to dispute the time barred ONE THOUSAND DOLLER invented debt! I would have paid the TERRORIST but my spouse came out of remission and within a month he was gone! I'm waiting for PRA to garnishee my bank account, take what little we have left, or take my only vehicle. This is the real world! The PRA does not care if they cause people to not be able to pay rent or buy food or medications. Please let me get my breath! Now there is only one Social Security check! But PRA is going to continue to come after me! Go to any court case lookup there are thousands of cases Portfolio Recovery Associates has not slowed down a bit! They continue to destroy innocent people with a vengeance!