Cease and Desist Letter ot Portfolio

[nusteem]

Portforlio is calling my Business phone number. I don't know who they are trying to collect. Can I send them a standard "cease and desist". letter?? Will this still have the same effect if I knew who they were trying to collect on and included in the letter??

 

thanks

[BV80]

Do you have any outstanding debts for which they might be collecting?  Are they leaving messages?

[Credator]

I'd want to speak with them to find out what they wanted and try to get them to contact me in writing at my P.O. Box. I'd also want to get their mailing address to tune them up via CMRRR on what I want and let them know if they violated the FDCPA 5 day deadline from that initial contact by failing to provide written notice of my "30 day right to dispute."

 

I always record calls whenever permissible just in case some joker violates the law and/or refuses to provide an address for written communication.

 

My recollection from speaking with a PRA collector is that they really want to chat on the phone versus communicate via the mail. I updated the address to a P.O. Box and finally got them off the phone. Despite their threats to call back repeatedly on that call I don't recall them calling again but they did get DV'd and C&D'd. If you are phone-challenged you may want to avoid personally chatting with them and try to communicate with them by mail or other means (e.g. occasionally a collector might speak to a spouse of the alleged debtor). A C&D before you know what or whom they want seems premature IMO.

 

I have seen a CRA report from Experian listing PRA as Type: "Debt Buyer".

 

On a bit of a side note I have noticed a reporting pattern common between PRA and Verizon Wireless that despite the consumer disputing the debt prior to any reporting of the debt to Experian these separate consumer files are showing:

Your Statement: "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)." and

Comment Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act). This item was updated from our processing of your dispute in Aug 20XX.

Being noted in such a way it is unclear if it is possible to distinguish between a consumer dispute with the furnisher prior to the initial reporting of debt to a CRA or a consumer comment requested to be added to the CRA after the initial reporting of the debt.

 

Among any other implications of Experian's notation of consumer pre/post reporting of disputed debts it would appear that until a consumer has had a chance to dispute/pay/settle the alleged debt that PRA may delay reporting to the CRA. Therefore, I doubt checking a CRA report would lead to insights on what or whom PRA is after.

 

If PRA is looking for someone in particular and that party disputes and refuses to pay it would appear that PRA will report derogatory information to a CRA and it will probably be noted similar to the above entries, if the CRA happens to be Experian. With any luck, if PRA sued, the party would be a topgun on this forum and PRA would have another loss on the books.

[Coltfan1972]

Portforlio is calling my Business phone number. I don't know who they are trying to collect. Can I send them a standard "cease and desist". letter?

Of course you can.  You can send them anything you want. 

 

? Will this still have the same effect if I knew who they were trying to collect on and included in the letter??

 

thanks

Probably not, unless it's you and it's for a consumer debt.   However, you might have some state consumer protection laws that kick in if you send them a C&D.  It's a scumbag collection agency calling.  They can't jump through the phone and attack you.   I'd just see what they were calling about.  

[admin]

You can definitely send them a C&D.  However, if you want to know what they are calling about, you might want to chat with them on the phone.  They may send you something in the mail, but if they don't, at least you know what's going on.  It seems to me that just harassing you without any details to go on must be some sort of harassment  but I don't have any case law (or laws) in mind to quote you.