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AmSher & Portfolio Recovery - advice needed


justagirl003
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I received a letter from AmSher saying that they are trying to collect a debt from me and listed Portfolio Recovery Assoc as the creditor. :roll: Then a couple of days ago, I started receiving calls from Portfolio Recovery asking me to contact them regarding a debt. If they placed the account with another collection agency wouldn't you think they'd stop calling? I think Portfolio is trying to collect on an old Discover account I had YEARS ago. So long ago that I think it's way past the SOL. I believe SOL in Tx is only 4yrs.

If the Discover account is past it's SOL can they still try to collect? Should I send a debt validation letter to AmSher or Portfolio or both?

Thanks for your help!

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Portfolio has likely purchased the debt and farmed it out to Amsher, Both are bonded in TX. I would send DV to Amsher and also one to Portfolio, that should stop the calls as well as give you the info needed to know what it is and if it is in fact time barred. You are correct TX is 4 yrs. If it is in fact time barred then a C&D, this should stop the collection activity.

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  • 1 month later...

I went ahead and sent a DV letter to AmSher...today I received a letter from Portfolio Recovery Associates....which is interesting since I sent my letter to AmSher.... anyway, the letter I rec'd from them reads as follows:

Dear My Name:

RE: Verification Information Concerning PRA Account/Reference No: (account number) Capital One Bank

The following information is being provided in response to your recent communication concerning the account referenced above. Account number .... and its proceeds were sold, assigned and transferred by the seller to Portfolio Rec. Assoc on 3/22/2007. At the time of the sale, the seller provided an electronic file of its business records concerning this account. According to the seller's records, there was due and payable from MY NAME to the seller in the sum of $5902.72 with respect to the account as of 3/22/2007, there being no known un-credited payments, counter claims, or offsets against this account at the date of its sale.

Here is a summary of additional information listed in the electronic file for this account:

Account holder's name provided by seller - My Name

Account holder's last 4 didgits of SSN - last 4 digits

date account opened provided by seller - 1/12/95

balance at date of PRA purchase - $5902.72

Interest accrued since the date of purchase or last payment to PRA - $0

Cost and other Fees - $0

Total balance due as of the date of this later - $5902.72

Please contact us if you would lie to receive a payment history of payments that have posted to this account since our company purchased this account.

Contact us... their info..blah blah....

If you wish to dispute this account, please send written documentation describing the nature of your dispute and any information or materials that may be helpful to our investigation so this dispute may be investigated in a timely manner. Please send documentation to blah blah blah....

Please note that if we receive no informatin or documentation describing the details of your dispute by 6/16/09, we may then terminate the investigation related to this account due to the lack of clarification of the nature of the dispute.

So, I'm asking you all with experience, what is my next step? Is what they sent me validation of the debt or is it just verification information like their letter states? Should I write them again saying I requested validation and they just sent verification? SHould I try to contact Capital One and see if they can tell me what the date is of the last payment I sent them because I'm fairly certain it has been more than 4 yrs ago. If I'm right about that, should I write back to them stating the SOL is Tx is 4yrs and this account is past the SOL so therefore they can't collect?

Thank for your help!

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They have sent you a statement and demnad for payment not Validation. But a cute try.

Write back pointing out they have not validated and must cease collection until they do so.

What does it say on your credit report re date of deliquency. they do not seem to want to give you this information. I wonder why? :whistles:

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The last time I checked my reports, there was not one thing listed from Portfolio or Capital One.

That news does not shock me :p

Their opening gambit states it is verification. I am pretty sure that you did not ask for verification but rather, VALIDATIOn. They have been sued enough times and lost to know the difference. Likewise they know the contents is nonsense.

Unleash hell and do not sign an NDA when you settle unless they agree to making an additional LARGE payment for giving up your constituional right to free speech, Mine is worth a lot of money to me. :mrgreen:

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Beg to differ, validation and verification are both the same things under the FDCPA. Also, validation under the FDCPA is as simple as the CA giving an amount and who it is for and the name of the OC. What you are asking for is something you address in a lawsuit in discovery.

Now, them asking You for more info..., tell em thats their job.

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Here is an exert from the Wollman letter.

it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.

It is pretty clear the validation sent to the OP does not meet FTC opinion as a debt collector. What may be gray, or at least to me is Portfolio has assumed the role of the OC, however it was a previous creditor that the debt was incurred. That being the case Portfolio can have no true knowledge of the debt prior to purchase.

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The Wollman letter is simply an opinion and as such has no weight in a court of law. Like it or not, and I hate it, validation is a pretty low bar. Now, if the OP sues, well, lets say discovery would be very interesting. I'd make it Very interesting.......

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I got the same letter from PRA last August.

I sent them another letter ( certified ) that they did not meet the FDCPA and that they needed to send proof, signed documents, contracts, itemized account statements, etc.. All the stuff that you find in samp[les letters on this site.

I got back a letter stating that already verified the account and if I wanted further infomation "I" needed to send new infomation to them. I sent them nothing, the calls come about once a month but nothing like it before the letters. I am thinking about a C & D letter but the calls don't bother me because I am not home to answer them.

I would think that if they truly had proof they would have done something by now.

Good Luck!

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It depends what you want to achieve. Stop them contacting you? Then FOAD to them and wait for th next mole to pop up.

Sue them and get redress? Send a 2nd letter pointing out they have not validated and they are in breach of FDCPA give them 14 days to validate or you intend to sue.

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Beg to differ, validation and verification are both the same things under the FDCPA. Also, validation under the FDCPA is as simple as the CA giving an amount and who it is for and the name of the OC. What you are asking for is something you address in a lawsuit in discovery.

Now, them asking You for more info..., tell em thats their job.

Begging to differ back. 8-) They are not the same thing.

Also it appears from the OP that the sale was from maybe the OC maybe another JDB maybe a broker, who knows they don't identify the seller. The law requires that they make enquiries of the OC any person who just happened to sell them a debt. The seller may or may not have knowledge upon which they can make an affidavit. However they could equally be a pair of con men who stole some records form a warehouse and fenced them through a brokerage.

This recently adopted tactic is being seen more and more in an effort to frustrate the FDCPA. Only time will tell if the courts will see it for what it is.

The tortuous language they employ in an attempt to obfuscate the reality of the situation is a testament to a failed draftsman who managed to pass the bar at his 23rd attempt. :p

I stand by my original comment that in this case they have not provided validation but merely in verification.

Your turn to beg :)++

Edited by newryman
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I just called capital one to see if they could give me the date of the last payment rec'd. The woman said my account isn't even in their system anymore. She gave me an address and fax number where I could request the info from if I wanted to.

At this point they're only pestering me because there isn't anything being reported on my CR from anyone. So a FOAD letter would be the way to go, correct? Anyone have a good letter I could see as an example?

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You are getting hung up on semantics, and you are wrong. The CA could care less what you refer to it as. As I said earlier, what you are asking for in your DV is only going to come out in a court of law. The CA does not have to provide all of what you want. You would be far better off focusing on real violations of the law and documenting them.

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Your Name

Your Address

Your City, State Zip Code

Dat Month Year

Debt Collector

Address

City, State Zip Code

Re: Your Name.

Acct. Information

Notice to Cease & Desist

To Whom It May Concern:

Pursuant to the Federal Fair Debt Collection Practices Act (15 USC 1692c), you are hereby notified to immediately cease communications concerning the collection of the alleged debt associated with the above-referenced account. This notice shall include, but is not limited to written correspondence, as well as telephonic communication.

In the event that you fail to honor my request, please be advised that a written log of all contacts made by your company will be recorded. Furthermore, failure to honor this request could subject your company to liability under Federal law.

If you or any other agent of your company attempts to contact me regarding this debt, a formal complaint will be filed with the Texas State Attorney General’s Office and the Federal Trade Commission.

Thank you for your attention regarding this matter.

Sincerely,

Your name (typed)

DO NOT EVER LET THESE PEOPLE HAVE A COPY OF YOUR ACTUAL SIGNATURE

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Great advice, nice letter and a good idea about not letting them have your real signature. On all letters and my wife's letters we use our none dominate hand to sign our letters. :p

I think I will use that letter on another debt collector that just started calling me about an alleged debt that Mann Bracken previously had.

It amazes me how much these people buy and sell these accounts. :shock:

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Great advice, nice letter and a good idea about not letting them have your real signature. On all letters and my wife's letters we use our none dominate hand to sign our letters. :p

I think I will use that letter on another debt collector that just started calling me about an alleged debt that Mann Bracken previously had.

It amazes me how much these people buy and sell these accounts. :shock:

It is a multi BILLION dollar industry. The big guys are all publicly listed if you want to get real angry go take a look at their accounts. And what is worse is that if you invest in any managed funds, Life, pension, 401 etc the chances are that you are a stockholder in the very people who are pestering you to death. :shock:

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