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About profworm

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  1. No, they have not offered settlement terms at all. They're likely next on my list to settle with as I feel they're likely to take me to court for the alleged debt. If I can beat them instead, either with a lawsuit, a defense when(if) they sue me, or with a mutual walk-away because of their FDCPA violations, I'd rather do that of course.
  2. Here's another question on this: If I enter a settlement agreement, can I then sue them for FDCPA, or is there typically a clause in the agreement that prevents me from doing so?
  3. Yes- TCPA looks like it will not apply for me. I am looking for the best way to defend myself.
  4. A new update: They sent the letter with the 30 day rights thing to the correct address, a full month after the first call, and it's been well over 5 days since the latest call. I think it's important to note that my address is available in my credit report, if it is a legitimate account that this debt buyer has purchased, the creditor has the address they should have used. So we have phone calls made before 7am more than 5 days prior to my getting their notice, while I'm telling them during the calls that they are calling too early for my address and their calling again anyway. I t
  5. Also, what about TCPA? This is a cell phone they're calling.
  6. Yes, correct address, but no 30 day notice- it doesn't read like that kind of letter. EDIT: The letter is missing my apartment number! It's a miracle this was in my mailbox. Synchrony had my address and sent me mail the same month with my proper apartment number. It seems like maybe they didn't get the details they needed when they purchased the alleged debt. This could mean they did send the other kind of letter with the 30 day thing but it could have never reached me.
  7. No, it did not have the 30 day notice. Early October: Synchrony bank sent me a notice it had sold the account to Portfolio. That notice came to the correct address. Late October: Portfolio then sends me a notice that invites me to use their website, has an amount owed, OC listed, but no 30 day notice anywhere on this. I received the Portfolio letter around 5 days after the first phone call, although it is dated more than 5 days prior to the first phone call. So I have a bunch of 6am phone calls and no letter with 30 day notice. Perhaps they sent the 30 day letter to the wrong
  8. Ok, I plan to send a letter, but does it not show that they know where I live, that I have received mail from them at my address? Is it not the JDB's responsibility to know what the OC knew, which was where my address is? I'm anticipating a lawsuit from them anyway, so a mutual walk-away would indeed be the best possible outcome. EDIT: just looked at their letter. Usually the letter tells me I have the right under such and such act to demand documentation .. the 30 day "unless you ask for verification" thing. This letter doesn't have it. They've never sent me that initial letter. This on
  9. It's within the SOL. A few thousand. Inexplicably, they called *again* the next morning at 6am, and argued that they didn't know. Again. So I have 5 calls now.
  10. oh look at that: I wonder if I should pursue them right now for a monetary settlement?
  11. Hi there all, I have Portfolio Recovery (as purchaser of debt) coming after me for an alleged debt, about a year after default. I think they noticed my having settled another debt so my blood is in the water. Anyway, my cell phone is in a different time zone and they keep calling it around 6am-7am.. about 4 times now. They have sent me their initial notice that they acquired the debt, so they have my address. I live in CA. I waited for them to make several calls, answering each time after several rings, in hopes they'd hang up and they have, until recently. I answered. They said my
  12. Hello all, I tried to find the answer to this in the forums and in my local rules, but I was unsuccessful. I am the defendant in an OC suit brought by Nelson and Kennard, Sacramento. I have a two part question: I received the complaint, and answered it, noting that they had a few instances where they checked multiple boxes instead of one, got a couple facts wrong, and I put in one or two affirmative defenses. My purpose is to delay until I can settle, but not cost so much that the settlement will be impractical. I need a sweet spot. I have some more collections coming at me I'm sure