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Found 1 result

  1. Hi all, I have a situation that I haven't been able to find advice about, so I'm curious for thoughts/guidance- On November 9 (2021), I received a voicemail from Portfolio Recovery, stating simply that they were calling about a debt. Ten days later, on November 19, I received another voicemail stating the same. Then, about three weeks later, I received a notice from a credit card company I was forced to default on due to losing my job because of the covid shutdown, which stated they had transferred the debt to Portfolio Recovery. Only this week (December 13) did I receive a debt validation letter from Portfolio Recovery- in other words, more than a month after their first contact on November 9. This seems to me to be a very clear violation of the FDCPA, which states that "Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice." This is reaffirmed by California state law, which is where I live. My question is, what it the best way for me to wield this apparent violation to dissuade Portfolio Recovery from further action, or at least from ultimately suing me? (And yes, I have saved the voicemails, with date stamps, so I have documentation). I assume I should include it in my response to the Validation letter-- anyone have thoughts on the specific language? And if it does come to a lawsuit, would this likely be sufficient for a dismissal or ruling in my favor? Many thanks for any advice or thoughts. Happy holidays to all.
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