coolsmart Posted January 1, 2008 Report Share Posted January 1, 2008 I was contacted by portfolio recovery associates august 8, 2007 regarding a debt which was discharged through chapter 7 bankrupcty in 1998. Here are the specifics, a jcpenny credit card account was established in my name prior to my 18th birthday in 1994. I was born in 1977. My parents who used the card and paid the bill listed this account in their chapter 7 bankruptcy. In 2000 I was contacted by a collection agency name arrow financial who tried to collect on this debt after I sent them the bankruptcy information and never heard from them again. In 2003 I was again contact by another agency who claim to have purchased this account from arrow. I sent them the bankruptcy information and never heard from them again. Now, portfolio is trying to collect on this debt. I have spoken to them to let them know I will not pay this debt as it is invalid. I have written to them twice asking not to be contacted by phone and to only communicate with me through mail. I received a phone call on thursday and when I call on friday to ask why i had been contacted the woman i spoke to stated "i see that you did request not to be contacted by phone, not sure why this happen. You owe us $359.00 I advised her of the two letters I had sent disputing this debt and asking for the proof I am entitled to under the law and she stated i needed to fax the letter again as it was on the system but went to the wrong department. I am tired of these games and want this to be over. I have worked hard to establish a good credit history and fear this company is trying to ruin my life. It is my understanding that the statue of limitations on debt collection is ten years for a credit account. I have never made any payments to this agency or jcpenny. My parents never paid another cent on the account once is was filed for bankruptcy. What are my options and how can I prevent these people from trying to sue me which I think they may be gearing up to do.I'm sorry for the long letter but I'm under a lot of stress which has been due to these people harrassing me. I got a call today from these people who stated I should go ahead and die so they can be paid. Link to comment Share on other sites More sharing options...
brokeinok Posted January 1, 2008 Report Share Posted January 1, 2008 I hope you've been documenting all of this. Go to naca.net and find a good lawyer. Link to comment Share on other sites More sharing options...
myscoresawful Posted January 1, 2008 Report Share Posted January 1, 2008 Portfolio is ruthless. I believe they violate a lot of consumer's rights simply because they know a lot of people aren't aware of them. I am fighting them right now over a debt they purchased from HSBC. Sent them a DV letter (yes it's past the 30 days, but I believe if they have anything, they will show it even so).So far, all I've received is another dunning letter. Link to comment Share on other sites More sharing options...
montanatim Posted January 1, 2008 Report Share Posted January 1, 2008 If the debt has been discharged through bankruptcy, and you have the paperwork to prove it. Fear not. Send a C&D letter telling them to stop contacting you by any means. If they do not, let the cash register ring with their violations. Should they try to sue, (yet another violation) answer with the discharge as #1 and only defense, attaching copy's of your proof. Then sue them. As always send letters CMRR. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 1, 2008 Report Share Posted January 1, 2008 yes... all true Link to comment Share on other sites More sharing options...
coolsmart Posted January 7, 2008 Author Report Share Posted January 7, 2008 where do I find the c and d letter. I received another letter date jan 2, 2008stating I now owe them 382.25 with interest accuring until the account issatisified. in the letter it states I have not responded to their attempts funny when they call me on new year's eve and I spoke to them again asking for debt validation. Link to comment Share on other sites More sharing options...
wahoo238 Posted January 8, 2008 Report Share Posted January 8, 2008 Just curious, but isint illegal to sell discharged debt? Not that a CA would ever violate rights. Link to comment Share on other sites More sharing options...
Recommended Posts