Spencerlynn

COLLECTION LETTERS X 2 VERY CONFUSING VERBAGE

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So I was just served with a Summons and Complaint letter this past Saturday 4/20/13 from Portfolio Recovery Associates, LLC, for

 

another account  (GE Capital Retail Bank/Paypal)that I never received any correspondence for collections from them.. I sent them a DV 

 

letter even after the fact.  Researching this great site on how to answer the complaint. Now.....

 

Just today in the mail, I got two of those pull the tabs and open type letters from the same PRA collections agency for two more

 

accounts for Capital one.   I could only find 1 account on my credit report for Capital One and it has been charged off and last payment

 

to them was Oct 2011.Here is my question and leaves me completely confused.

 

On the backside of both of these letters above where they have a break down of the balance, principal, interest etc right above it the following statement:

 

Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency.

 

What exactly does this mean??  Very confusing to me...in other words if I don't pay you what you allege I owe you, you wont sue or report it??? 

 

I'm on permanent SSDI, and couldn't pay them if I tried.

 

Sorry to seem to be so naive, but I am really baffled with this one.

 

Thank you for any help or assistance you may have! 

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It would seem that for some of these debts your in good shape. You must be past the SOL in WA. Which I think is four years. If your past the SOL DO NOT pay a dime on these or you will reset the SOL and they can sue you. The second thing is your on SSI. As long as that money is put into an account where no other money is co mingled. they can not touch it. Your just up the road in WA. I believe, they can pull what they call pocket service there on you if I am correct about the term etc. That means they can issue you a summons to appear in court without having it signed off by the court until they are ready. Most people then think the summons is no good and throw it away. If you have one, you MUST answer it within the time alloted.

 

I might suggest for the one you got the summons on, that you hit them with arbitration and elect JAMS. Read up on arb here with Linda7's thread.

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Thank You so very much TomnTex for taking the time to answer.  I just got off the phone with the Dept of Licensing and they told me that Portfolio Recovery

 

Associates, LLC., is not currently licensed in the state of WA, but they had applied. They had me send an email with my request that so that it would be official and

 

they could put the exact dates that PRA applied etc.and any other information I may need. Now to try and research the rules about them filing a S & C when they

 

aren't even licensed.  SOL is 6 yrs to the best of my knowledge and research, can't use SOL.  Yes, I am on permanent SSDI and that is the only money I receive

 

and is put into my bank.

 

 Still confused about the wording I stated in my original post.  I'll go and research Linda 7's  arbitration posts. TY!

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Because of your confusion (...the implication is, pay us now, and we won't sue...) they have probably violated the "least sophisticated consumer" clause in the FDCPA, you might want to see if there is a www.naca.net lawyer in your area you can talk to.  You might make some money from these people...

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I must be misunderstanding something.  I don't see how the CA is saying pay us and we won't sue.  The disclosure stated that because of the age of the debt (which means it's outside the SOL), they won't sue or report to the CRAs. 

 

What am I missing?

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BV80 , I literally don't understand why a statement like that would be on their collection letter (it appears on both), thought that I was dumber than usual lol, that is

 

why I asked what it meant. I are probably wrong but it is to be assumed that if I pay it they won't sue me or report it to any credit reporting agency. Instead I am

 

taking it literally as it says,  "Because of the age of you debt, we will not sue you for it and we will not report it to any credit reporting agency" and then right below it it

 

gives the Quality Service Specialists available Mon-Fri 8AM-5 PM (EST) and then on and on about not happy with the way I was treated.....  If I wasn't totally confused

 

before, I sure the hec am now!!!

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@Spencerlynn - Asset or Portfolio Recovery Service had to make a deal with the FTC that they would put such notices on correspondence for old debt.  It's starting to become common practice.  

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As Admin said, there's a couple of specific debt buyers that have to include that statement in order to comply with a settlement with the FTC. 

 

All it means is that they're letting you know that they know the account is outside the SOL, so they won't sue.  If you pay, it's strictly because you choose to do so.   You can send them a letter and state that you want them to cease and desist all contact.   Be sure to send it by certified mail, and keep a copy of that letter along with the collection letter for yourself.

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  Thank You  Big Sister  & BV 80 for the post and info.

 

I don't have the slightest idea where the two new accounts are coming from. I do have a Capital One account on my credit report that was opened 02/03 and charged off account date unknown. Last payment per credit report was Oct 2011. I honestly couldn't even tell you what the Capital account was for??? Portfolio Recovery Associates LLC state on the 2 letters the seller is Capital One Bank, N.A..

 

The SOL for Washington state is 6 years, so don't understand how it would qualify for being SOL? 

 

So do I send a request for Demand verification on both of these letters??

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Did you check to see if either of the account numbers match the number on your CR?  Yes, I'd DV.  They could have the wrong person.  OR, it could be an older account that was, at some point, transferred to Cap1 but you never paid Cap1 and that's why you don't recognize the accounts.  Who knows.

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BV80, yes I checked both account numbers and they do not match. Going to concentrate on getting the DV's out by Friday and concentrate on my answer to the actual complaint on the law suit filed on the first one I have been served thus far. Thank You again for your help.

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As Admin said, there's a couple of specific debt buyers that have to include that statement in order to comply with a settlement with the FTC. 

 

All it means is that they're letting you know that they know the account is outside the SOL, so they won't sue.  If you pay, it's strictly because you choose to do so.   You can send them a letter and state that you want them to cease and desist all contact.   Be sure to send it by certified mail, and keep a copy of that letter along with the collection letter for yourself.

Beware that if you do pay, it resets the SOL.  Once the SOL is reset, they do have the right to sue for the unpaid amount.

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 I could only find 1 account on my credit report for Capital One and it has been charged off and last payment

 

to them was Oct 2011.Here is my question and leaves me completely confused.

 

On the backside of both of these letters above where they have a break down of the balance, principal, interest etc right above it the following statement:

 

Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency.

 

What exactly does this mean??  Very confusing to me...in other words if I don't pay you what you allege I owe you, you wont sue or report it??? 

 

There's the key word/  You're confused.  The letter doesn't mention the SOl, and you, as a "least sophisticated consumer" you have no idea what "we will not sue" means.

 

In fact, they may already be preparing a suit against you.  I(f they do sue, and you don't show up...they win,,,SOL or not.

 

Get a lawyer.

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Did you ever have an HSBC Card? Cap One now owns HSBC and may be reporting some of the old HSBC accounts under their name.

 

I would definitely discuss these letters with an attorney that specializes in FDCPA cases. They will tell you real quick what you have. 

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Thank You all for your help and posts. On the latter 2 collections letters I mentioned earlier from PRA, i sent out the DV's and got answers back today. One letter stated they had concluded their investigation of my disputes and have since closed that account. HHmm............ the second letter stated some information about the supposed opening date and charge off date from Capital One Bank. They also included the last 4 digits of a SS # and my nickname as the name on the account. I checked my credit report again and I can not find any account that has been charged off with those dates and amount they are stating. This one has me stumped.

 

Also I received the affidavit from my states DOL attesting to the fact that PRA is NOT duly licensed in my state to act as a Collection agency.

 

I have a list of  NACA attorneys in my area and going to give them a call tomorrow. Meanwhile, sorry its taken so long to post back, this whole mess is really taking its toll on my health. Ill try not to take so long this next time. Thank you all again so very, very much!!

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To clarify a few points about Washington state law:

 

* Payment of a debt resets the SOL if and only if the account is brought current by such payment.  Paying 50 bucks on a debt of 2000 will not bring the account current, and thus will not reset the SOL in Washington State.

 

*Statute of Limitations on credit cards in Washington state is six years (written instrument clause), 

 

 

The following actions shall be commenced within six years:

     (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).

     (2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

 

    Regardless...if they tell you it's too old for them to report to the bureaus or sue you on then it's past the SOL and you can literally tell them you won't pay them a dime.

 

www.naca.net has several good lawyers in the Seattle metro area, I have seen a couple of them in the past for consultations.

 

re: PRA not being licensed...nicely done.  Not being licenced in Washington State is a violation of the state consumer protection act, and the AG can sue on those grounds.

 

 

 

In other words...the letters that they tell you they won't sue you...Tell them to go stuff themselves. Ignore it for now since they can't do more than send letters.

 

The summons they sent...find the website for the approproate court and see if it's been filed yet. 

http://www.courts.wa.gov/court_dir/

 

I believe you have either 20 days to answer the summons...so please do so.

 

Start a new thread about that specific issue (new thread to avoid confusion on other posters) and we'll help you through it.

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The reason for that statement is the fact they have been sued so many times, they are now, as are other collection agencies, required to inform a consumer that a debt is past the SOL, the try to say it without saying it, which in my opinion could confuse the least sophisticated consumer.

 

What they are saying is that they know the debt is past the SOL and they know by law they cannot legally sue you and win.

 

The binding case is United States vs Asset Acceptance

 

All of you should read this case and know it, it holds Asset to very high standards, and other ca 's collecting on past SOL debts.

 

The decree that Asset agreed to can be found here

http://www.ftc.gov/os/caselist/0523133/120130assetconsent.pdf

 

At the time of Defendant's initial communication with a consumer in connection
with the collection of a debt, for any debt that the Defendant knows or should know may be
beyond the applicable statute of limitations, Defendant shall make the disclosure(s) set forth in
Part IV.D, below, in its validation notice or other written communication containing the
information required by Section 809 of the FDCPA, 15 U.S.C. § 1692g.
When collecting on debt where the debt is passed the date for
obsolescence provided for in Section 605(a) of the Fair Credit Reporting Act, 15
U.S.C. § 1681c
The defendant will provide the following statement:
The law limits how long you can be sued on a debt. Because of the
age of your debt, we will not sue you for it, and we will not report

it to any credit reporting agency.

 

Cited from the FTC website

 

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