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Portfolio Recovery Associates hounding me on a couple of 10+ year old debts


LawofCats
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I've gotten a couple of notices for debts that are over 10 years old. I think that's outside the SOL for Florida and the last time I checked credit reports (which was about 6 months ago), they weren't being reported.

Portfolio Recovery Associates (PRC) is the CA for both debts. Unlike other letters I've gotten from other CA's, these do not state anywhere on the letter that this debt might be outside the SOL. I'm wondering if they might have "re-aged" it so they can put it on my CR?

I also received a phone call from them and didn't realize it was a debt collector at first until they stated they were trying to collect for a really old credit card I had over 10 years ago. I refused to discuss it with them and said I would need validation because I have no recollection of the debt or the amount they say I owe. I hung up on them at that point. Haven't received any more phone calls on that particular debt, but now that I got the second letter from them regarding a different old debt, I wonder if they will try to call me on that one?

At this point I'm not sure what I need to do with them. I know I won't tolerate phone calls, though.

Any suggestions?

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Do nothing on the phone. If they call, tell them you will respond only to their letters, and hang up.

DV the debts. Request that they prove you owe the money, and an accounting. Request anything you like, because they will likely never respond to you. But make sure it's sent certified, return receipt, and keep copies of everything for your records.

It's possible they will end it there. But if your experience is like mine (Portfolio, 10+ year old debts, etc.), Portfolio may cancel the debt and send you a 1099 for the "forgiven" debt.

I was able to successfully force them to take back the 1099 because I pointed out that they had never responded to my request for validation. As a result, how could they possibly issue a 1099 for an amount they can't prove? But if I hadn't sent the DV, I really doubt I would have been able to void the 1099, and I would have had to pay taxes on the amount as a result.

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I'd send them a FOAD and be done with it. Keep an eye on your credit reports though, just to be sure they don't try to report. If they do, hit them for re-ageing and other violations at that point. But I wouldn't lose to much sleep over it, with debt that old they are likely just trying to get a few suckers that will just send a check out of ignorance, and won't spend too much time or effort on you.

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I now have 3 different letters for 3 different accounts, all over 10 years old. What I thought was strange was that none of them were like a typical first letter of contact. Nowhere in the notice does it state I have 30 days to dispute the debt. All of them read like they have written me previously about this debt & they are assuming it's valid. They called my cell phone twice today but I didn't answer nor did they leave a message. I definitely want them to stop calling me so I am guessing some sort of letter telling them to stop calling me, prove I owe this or where they can go and stick it, is in order. Hopefully they won't try that 1099 trick either. I don't have the time or patience for their antics. I'm a full-time law student.

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So I've had a similar situation, 10+ year old debt that Portfolio continues to hound me about. In 2008 I sent them a letter saying "you will cease any further contact with me"

January 21st 2010, i received another letter. They haven't placed anything on my credit report, as I have been monitoring it closely, but...should I sit and wait - or what options do I have since they clearly have contacted me after I requested that they do not.

Thanks!

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Good Ol Portfolio Recovery Associates, I have posted about them on here as well. I took the advice of a CIC member and did the following:

1. Sent a DV letter

2. Filed a complaint with the FTC, BBB of Virginia, and the Virginia Office of Consumer Affairs. PRA has not responded at all to any of the complaints.

I did get a phone call from the BBB and I was told that the FTC has requested all files regarding PRA and the complaints against them. A contact person at PRA is a Christopher Lagow you can call (if you want, but record the conversation; Check your states recording laws). If you google Justia you will see that there are atleast 360 Federal Complaints filed against PRA for (alleged) FDCPA violations.

Document everything with these guys!

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  • 2 months later...
So I've had a similar situation, 10+ year old debt that Portfolio continues to hound me about. In 2008 I sent them a letter saying "you will cease any further contact with me"

January 21st 2010, i received another letter. They haven't placed anything on my credit report, as I have been monitoring it closely, but...should I sit and wait - or what options do I have since they clearly have contacted me after I requested that they do not.

Thanks!

Send them a letter that says "you owe me $1,000 for the violation of FDCPA. Do you pay voluntarily or do I sue?"

Give them 30 days to send you a check. File suit on day 31.

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Do you still have the same phone number as you did ten years ago. If ya don't they skip traced ya and found yer new number.

I'd send them a letter and tell them you are suing for fdcpa violations and they owe ya 1000 bucks, I would also include the TCPA violations of 500 bucks per call. Ask them if they wanna pay cash or go to court. I also include in the letter not to call you any more, now if they keep calling sue them for 1500 dollars per call.

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  • 9 months later...
Do you still have the same phone number as you did ten years ago. If ya don't they skip traced ya and found yer new number.

I'd send them a letter and tell them you are suing for fdcpa violations and they owe ya 1000 bucks, I would also include the TCPA violations of 500 bucks per call. Ask them if they wanna pay cash or go to court. I also include in the letter not to call you any more, now if they keep calling sue them for 1500 dollars per call.

Hi can you please explain how JDB has violated? or what type of violation case are you implying that he has against the JDB?

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  • 2 weeks later...
TCPA Telephone collection practices act. They do not have what is called expressed consent for them to call you.

Look it up google tcpa.

or look here in the forum.

TCPA is "Telephone Consumer Protection Act" and it was not passed to rein in collectors - it was passed to rein in telemarketers. Consent to call can be the simple act of having a business relationship (read that as "you owe me money"). TCPA works best when you actually DON'T owe them money, like they are a neighbor or family member and the collector is hounding you for "Location Information".

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