Porfolio trying to collect on 9 year old debt!?

[kylemac]

Folks,

I got a call tonight from Portfolio Recovery trying to collect on an account charged off in 1998 -- yes 1998.

For the past three years I have been cleaning up my CR and have done very well (Aug. 2004-460. Today-699). Lots of baddies are gone and I know the law -- just a little rusty on dealing with agents.

This is what I do know -- they cannot legally collect on a debt that's nearly 10 years old!

However, in our conversation (in which I let the ageny hang herself) I disputed the debt and asked for paperwork showing the orginal contract and my signiture. I played dumb saying I never heard of the account... she THEN PULLED MY CR!!!

Whoa!

I told her I did not authorize that pull, but she claimed it is allowed because I owe them money.

Where should I take this?

Kylemac

[kevin3344]

I disputed the debt and asked for paperwork showing the orginal contract and my signiture.

This is a good start, when you get the initial letter they send you within 5 days of contact send them a follow up, formal, DV. Like 'this is follow up letter from our phone conversation on XX date that I dispute your claim and request validation'. Send it CMRRR.

When a CA pulled my credit without PP, I sent a letter to my state AG. The AG sent them a letter and told them to state the proof of my dispute within 10 days. I'm still waiting on the results but that certainly got their attention.

[dpgirl]

Just send them a C&D letter as most likely this is way out of SOL. You don't list your state but check to see first.

Secondly even if it is past SOL they can attempt to collect but they won't get away with suing you. Since they do have an account they do have PP to pull your report.

[newbie7069]

Just send them a C&D letter as most likely this is way out of SOL. You don't list your state but check to see first.

Secondly even if it is past SOL they can attempt to collect but they won't get away with suing you. Since they do have an account they do have PP to pull your report.

Quick question. How do they have the lawful right to pull a CR when the debt is over the 7 yr reporting period?

[dpgirl]

They can't report it, but they can pull the report. They do have PP if they are trying to collect. Do a search as I know there is more info in this site that pertains to this, I can't pull an example off the top of my head. It does suck - pardon the slang - but they can do the pull.

Granted it's pretty hopeless on their part that they will collect given that this account is out of SOL for reporting and, most likely, for taking legal action but they can still attempt to collect until the end of time.

CA's will try because there are still people out here that don't know about SOL etc... and get intimidated and scared when contacted and they pay up.

Send them a C&D and you won't hear from them again.

[direred]

They can't report it, but they can pull the report. They do have PP if they are trying to collect.

If they did a hard pull, though, you can always argue that they're trying to effectively report past the 7-1/2 year permissible period.

And sure they can collect on a debt that's that old (unless you're in one of two states) -- they just can't sue you for it.

They can pull a CR for any collection, including a 30-year-old debt.

Good luck to them to prove they had PP, though.

[nascar]

.

This is what I do know -- they cannot legally collect on a debt that's nearly 10 years old!

Make sure the SOL has run on the account before you do anything else. I don't know what state you're in, but Ohio and a few others run up to 15 years.

And Dire is correct; as long as they have your account and are trying to collect on it, they have a PP to pull your file.

[IHateCAs]

Once you DV, they cannot pull your report.

[kylemac]

I received a telephone today (May 8) from Portfolio Recovery. I reminded them I had denied the debt was mine on April 24 and asked them to send proof of this debt (DV). In fact, I went on to tell the agent that the alleged debt is nearly 10 years old and that it is beyond the SOL in Minnesota.

I asked when I would receive this packet of info. She said it was sent May 6... She indicated I was to "fill it out" and send it back.

Don't think this is what a DV is.

The lousy CA added Portfolio Recovery can "renew" the debt in Minnesota and come after me. After this lie, I asked to speak to her supervisor...

This didn't go any better. I told this woman there was no way I would be paying a dime for an alleged debt they bought from 1998. Furthermore, I said there was no way they could legally expect payment, since they STILL haven't sent me any info.

She said they have 30 days...

Perfect -- so I asked why they were calling today with no new informatoin?!?!?! They had no answer.

However, before she hung up she said "We can call you everyday!"

"Hmmm... I'll have to tell that to Minnesota's Attorney General," I replied. "That sounds a lot like harrassment, especially when you haven't validated the debt yet."

She said she was ending the call and hung up.

I know they have no legal means to expect payment, but I want to lure them into a violation of the FDCPA... What can I expect to receive and does this packet violate the act?

I plan on giving a C&D letter, but I haven't received the packet yet after two weeks.

[nascar]

Don't fill out any forms they send you. The CA is lying. Start filing complaints with your state regulatory agency.

This is Portfolio's standard MO; don't let them get to you.

[mdk003]

Portfolio came after me last year for a credit card charged off in 1994, so an 11-year old debt. I told them that the debt was clearly beyond the SOL, so they said they would place repeated inquiries on my credit report so that other creditors "would see them, and start digging."

I reported them to my AG, and they wrote back denying everything to the AG's office, but they also closed the file and I haven't heard from them since.

I never received their "packet", but I'm sure it's crap. Unless it contains what you asked for, i.e. debt validation, I would just ignore it and keep waiting the 30 days.

[merkurfan]

Remember, since your in Minnesota, it's a one party state. If they are in a two party state I wonder if them telling you the call is being recorded when they call is notice enough. I mean, if they are rolling tape and telling you. They KNOW the call is being recorded right???

I say this because you have cought them in a lie or two already, why not tape um and sue them? likely you will win lots more than what they claim you owe.

Anyways, the only renewable debt in Minnesota that I am aware of is judgements. And they are rarely renewed unless HUGE. I just had a 30K one fall off last month, they never renewed. Most times after 6-7 years they have forgot about them. (defulted on a lease, sent notice to old address, re-rented it and expected me to cover 3 years of rent along with the new renter)

The only debt with a shelf life of more than 7-10 years in minnesota (many are less) is money owed to the state. Tax leins and the such.

[kylemac]

I finally received the paperwork on May 14... long after it was said to be sent...

I replied with a cease and desist letter:

Dear Sirs:

I finally received your letter regarding the above alleged debt on May 14, despite demanding a full validation on April 24.

At this time, I demand Portfolio Recovery cease and desist in its attempts to collect on the above referenced account. I wish no further contact from your employees on this alleged debt that is far beyond Minnesota’s Statute of Limitations.

I once again deny this debt is mine, but realize that is overcome by your inability to demand payment on something that is nearly 10 years old.

---

Hope this works.

[ChicagoGirl]

I think the letters sounds good (just my newbie opinon).

Some of these CAs are crazy..I had one call me trying to say I owed money for a Ballys membership from 1983....uh hello...I was born in 1974..so I would have been 9 when I "signed" there contract...she said I needed to send a copy of my license to show my age and I pretty much told them to FOAD...never heard from them again....

Good luck!