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Portfolio recovery for 1998 Auto loan


Wan2Live
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Hello,

It seems as though the auto collection agencies are coming out of the wood work as of late I assume this is a JDB from what I have read on the forums and it is probably happening to use because I bought my house in december of last year and added my wife to the deed.

My wife received a call about 2 weeks ago and I answered the phone and told the CA that she was not available. The person on the other end asked if I was her husband and I said yes I am. She then went on to tell me what company she was with and why she was contacting my wife. I told her that this debt was over 10 years old and she said yes that is correct that just means we cannot sue you but we can continue to collect on the debt.

We received the dispute letter stating

"It is our understanding that you are disputing the balance of this account. Please provide all details in writing, including supporting documentation, to our office." say What? not a chance, even if I do have it.

Question #1

Do I qualify as a family member as her husband and does the associate discussing this with me fall under the

THE FAIR DEBT COLLECTION PRACTICES ACT

§ 805. Communication in connection with debt collection [15 USC 1692c]

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Question #2

The document say's that the loan is from 1/17/1998 when in fact it was done in 1996 and I know this because I myself purchased a new car with my credit union in 1997 and we Voluntarily turned this vehicle in question over to the finance company at one of their car lots in 1997 because it was a piece of junk used car and their customer NO service was basically horrible, I wish I knew the laws back then because their collections department told my wife one time to go pawn something to make her payment, We did send a letter to the company back then but it went unanswered. I was not on the loan.

Should I DV on this and challenge it since I know it is over the SOL, should I do this as a first step?

Should I send a DEFICIENCY letter? I am not sure we even have any of the old information it has been so long.

Edit:

GA Contract SOL is 6 Years this is way beyond that of course.

Thanks in advance!

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If it's past SOL and you just want to permanently get rid of them, write a FOAD letter citing Section 805© of the FDCPA. Make a copy for your records and send a copy their way via CMRRR. They can contact you once more to say "We got your letter, we're going away now. Bye." If they contact you again or continue to pursue collections, send a strongly-worded ITS. If they don't get the hint at that point, make sure the next thing they get from you is a summons.

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To answer the other question - communication with the debtor's spouse is not 3rd party communication under FDCPA. that said, while they can call you and talk to you, they better remain polite. There is no FDCPA requirement that you remain polite though.

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Great thanks!

I read this a little late

I sent the DV today with the

§ 805. Communication in connection with debt collection [15 USC 1692c in it I guess the worst they can come back with is I am wrong about that. if they respond at all.

Thanks again!

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Portfolio is one of the worst bottom feeders out there.. they have the wonderful distinction of being fined the highest amount from the PA , AG office hates them. They are known for their sleazy collections practices, they even have been featured on shows like 20/20 and dateline.

I don't bother with DVs for stuff that is out of SOL, in fact I got a phone call from thoose idiots today on something from 1999, the SOL in my state is three years. this thing is not even on my CR anymore.. I sent them a very nasty C&D, the last time they tried this and then said I defaulted on a payment agreement (never had them becaue I wouldn't give them a dime) I went online and filed a complaint with the PA, AG's office.. took about five minutes to file and a few weeks and LO and BEHOLD I got an APOLOGY letter from the LEGAL dept. for the oversight from these idiots. Never bothered me on that account again.

The actually asked me for documentation..yeah I got your documentation.. welcome to the world of FOAD. I faxed it and yes I found out in court that a fax shown as recieved does count. What they do with it is up to them but it went through and a judge ruled it as acceptable.

I have not had to deal with thise nonesense for a while now.. 95% of anything negative will finally be off all my CR within the next year the rest a few months after that.. nothing has been late or behind since then. so to see these idiots roll out of the woodword just annoys me..

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The DV is not a bad thing, I did that with this foolish company back in August. They sent back a piece of paper saying that they did a research on this account and lo and behold "Yes I owe such and such amount etc.." They never did send any documentation that proves that I owe anything.

Now they call about every 3 to 4 weeks. I don't answer. The latest is spoofing the number, I check all my unknown calls online. Just type in the number and it will come up who owns it. At the very least someone will post who called them from that number.

I am just about ready to start the small claims suit process against these folks. I am waiting for another two months, then I am free and clear. SOL will have passed. I would like to believe that if they had any proof they would be a little more aggressive in collecting it.

Let us know what happens in about three weeks, that about how long it takes for them to respond.

BTW, you have a lot of good information here on this site, Flying and CBE have been around a while.

Good Luck,

Father of 3

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Thanks father for the kind words

you do now you can FOAD them to keep them from calling, that is why I use the C&D process.. DV is fine but for me its a wasted step, it is like you said, they don't ever send anything of merit.. within the SOL by all means DV, but out of the SOL, I don't want to deal with them more then I have too :)

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Thanks, Keep us informed.

Update on my account: Apparently the last CA sold my account to another one. I am now getting a number on my caller Id from Palisades. They will call for a few weeks and they too will sell to another. One more year and then its FOAD letters to them all.

You're Welcome CBE, you Flying has helped me tremendously with your posts.

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Portfolio is one of the worst bottom feeders out there.. they have the wonderful distinction of being fined the highest amount from the PA , AG office hates them. They are known for their sleazy collections practices, they even have been featured on shows like 20/20 and dateline.

I don't bother with DVs for stuff that is out of SOL, in fact I got a phone call from thoose idiots today on something from 1999, the SOL in my state is three years. this thing is not even on my CR anymore.. I sent them a very nasty C&D, the last time they tried this and then said I defaulted on a payment agreement (never had them becaue I wouldn't give them a dime) I went online and filed a complaint with the PA, AG's office.. took about five minutes to file and a few weeks and LO and BEHOLD I got an APOLOGY letter from the LEGAL dept. for the oversight from these idiots. Never bothered me on that account again.

The actually asked me for documentation..yeah I got your documentation.. welcome to the world of FOAD. I faxed it and yes I found out in court that a fax shown as recieved does count. What they do with it is up to them but it went through and a judge ruled it as acceptable.

I have not had to deal with thise nonesense for a while now.. 95% of anything negative will finally be off all my CR within the next year the rest a few months after that.. nothing has been late or behind since then. so to see these idiots roll out of the woodword just annoys me..

Ooo!! If that's the case maybe the OP wants to report them to Tom Corbett (PA AG). It's always entertaining to report these azzwipes to an AG that doesn't like them. I did that for Arrow with Illinois. The false collection item got off my CR so fast it would make your head spin.

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Ok my wife received a response from Portfolio today. Keep in mind this is way past SOL the original loan was from 1998 and the car was voluntarily turned in the same year.

I sent the standard DV letter and they provided minimal information at best

They say in 2006 the debt was sold, transferred and assigned to Portfolio and at that time they were given an "electronic" file of it's business records for this account.

Wifes name

last 4 of her SS

Date account was opened 1/17/1998

Balance at date of PRA 0

Interest Accrued since the date of purchase

or last payment to PRA $1027.14

Balance Due xxxx.xx

We never made a payment to PRA and she never paid a dime since 1998.

Next steps CD with SOL and be done with them? If so which letter should I use from the samples?

Thanks this one is humorous

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Portfolio is great for trying to collect on a SOL debt,, send a C&D along with a copy of your states SOL laws

Interest Accrued since the date of purchase( notice date they BOUGHT the debt)

or last payment to PRA $1027.14, they want thier Interest ,, Funny!

they should disappear rather quickly.

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The DV is not a bad thing, I did that with this foolish company back in August. They sent back a piece of paper saying that they did a research on this account and lo and behold "Yes I owe such and such amount etc.." They never did send any documentation that proves that I owe anything.

Now they call about every 3 to 4 weeks. I don't answer. The latest is spoofing the number, I check all my unknown calls online. Just type in the number and it will come up who owns it. At the very least someone will post who called them from that number.

I am just about ready to start the small claims suit process against these folks.

What do you plan to sue then for?

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Seems like a lot of folks are having problems with Portfolio coming out of nowhere and trying to collect on old debts. I have another thread going about my issue with them and I got the same letter like Wan2Live's wife. Guess I should send them a C&D because the debt is beyond the SOL.

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The only problem with a SOL letter is the distinct possibility of getting hit with a 1099C and having to pay taxes. Now, Flyinifr has some things to look for in regards to that. I believe in a DV that simply leaves em no room to manuver. A typical SOL letter somewhat acknowledges the alledged debt unless worded right.

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The only problem with a SOL letter is the distinct possibility of getting hit with a 1099C and having to pay taxes. Now, Flyinifr has some things to look for in regards to that. I believe in a DV that simply leaves em no room to manuver. A typical SOL letter somewhat acknowledges the alledged debt unless worded right.

The whole issue with 1099s is a can of worms...if the consumer legitimately owed the whole amount of the debt then there is nothing wrong with being required to pay taxes on the forgiven debt; they are, effective, receiving "income" in that case.

On the other hand, if the consumer has been misidentified or truly didn't legally owe some or all of the amount that's a whole other issue and one, as far as I know, the IRS hasn't really dealt with yet in any definitive manner.

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