Portfolio Recovery keeps calling

[strive4credit]

I rarely post in collections so please excuse my ignorance......My wife settled an account with Portfolio Recovery in court for a lesser amount. Settled back in January 2013. Paid up by April. But they have been calling like twice a week. After the rep reviews the history of the account they realize it was settled. After this last time they called the rep got a little rude.

 

Can I sue for harassment?

[kutuzov]

You can sue for whatever you want, consult an attorney, they biggy is do you have proof of all those calls?

 

What does exactly the settlement says? did the case got dismissed with prejudice? mainly you got to look as wording like settlement in full, x money in exchange for dismissal with prejudice. If so then they should not call you at all since the debt was paid.

 

Anyways send Portafolio a letter to cease and desist and a copy of court records showing the settlement and the dismissal with prejudice, they should stop, get a recorder ASAP and start getting proof of their calls, if they persist sue them.

[admin]

@strive4credit

 

I agree with @kutuzov - do you have proof of the calls?

[Clydesmom]

Send a cease and desist letter based on the fact that the account was settled and paid.  You no longer have a business relationship with them.  Then keep a phone log of the number of times they call after they receive that letter. Until you send the cease and desist in writing they can call you.

 

I had to do this and they kept it up.  I now have a consumer lawyer suing them on my behalf.  Soon they will be paying me.

[strive4credit]

Thanks everybody for the replies. Sorry for the late response. They called two more times since I posted this. The rep gave my wife information on the last time they called. So I am wondering if I act really nice the next time they call, how much information can I get from them. As far as the next time they call I can take a picture of the caller ID. What do you think? I already have my attorneys on standby! 

[kutuzov]

Did you send the C&D? did you record the call? a caller id is not gona stand as the only evidence for sure you need more than that.

[BV80]

In my opinion, the poster's wife already has a violation against the JDB.  The account has been settled, so Portfolio is misrepresenting the legal status and amount of the debt by calling to collect.  That being said, it's a matter of proving the violation.

 

The OP could record some calls.  Of course, he'd have to follow the recording laws of his state.  He'd also have to find out if Portfolio is calling from a 2-party state.  However, if the Portfolio rep informs him that the call is being recorded, the OP doesn't have to do a thing.  He can record and not say a word about it.

 

If he can get a few recordings of his wife telling them that the debt has been paid, I believe she would have a case.  I say several recordings because she'd want to show that Portfolio was not making a simple mistake but that the calls continue after they've been told that the debt was settled and to stop calling.

[BTO429]

Did they file a satisfaction of judgment when you paid it,,,,if not thats a state law violation.

[BTO429]

Did they file a satisfaction of judgment when you paid it,,,,if not thats a state law violation.

It is also proof that you settled....get a copy if they filed it.

[kutuzov]

@BV80 exactly you need evidence that they keep trying to collect, record the calls. There's two type of law depending on the state for recording:

 

one way consent, only 1 party to the conversation (you), needs to give consent.

 

two way consent all parties need to give consent.

 

Now if at the beginning of the call they tell you these call may be monitored or recorded for quality purposes, they just give you consent to record, just reply and say I also give my consent to record.

 

Follow those rules, record at least 3-4 conversations and voila! send them an invitation to Federal Court, and game over.

[BTO429]

it don't have to be in federal court tcpa claims can be handled by state courts, so can the continued calling on a settled debt. I would say you could push a harassment suit.

[strive4credit]

Update! They just called and when I said I will be recording the call, the rep immediately ended the call!

[admin]

@strive4credit - your next move is to send them a cease and desist letter.  

[BTO429]

They do not mind recording us but they hate to be recorded, next time do not tell them. Wait till they tell you the call may be recorded, they just gave you consent with that statement, make sure you get that statement on the recording also.

[admin]

They do not mind recording us but they hate to be recorded, next time do not tell them. Wait till they tell you the call may be recorded, they just gave you consent with that statement, make sure you get that statement on the recording also.

Not sure if that will hold up in court.  

[BTO429]

Not sure if that will hold up in court.  

It wasn't meant for court,,was just making a general statement.

 Did you look in the court records and see if the satisfaction of judgement has been filed? You need copies of the whole case for evidence if you plan to sue for tcpa and/or fdcpa violations. You also may have violation of the courts order on the suit when you settled.

 

If you can get a copy of the case please tell us the exact word for word what the judges order states.

[Torden]

Update! They just called and when I said I will be recording the call, the rep immediately ended the call!

 

They know they have something to hide.

 

Next time ask them "are you going to violate federal or state law during this call?".  If they say "yes" then say "Then don't you think you should go ahead and hang up now to avoid violating the law".  If they say "no" then say "Well, then you won't have any issue with us both recording the call because I know I won't be violating the law because I know what the law is".

[admin]

I don't think they'll be calling back again.  

[BTO429]

If i know PRA they will call

 

I have been dealing with them for over a year on an sol 12 year old debt,,,I told them and wrote them that I refuse to pay but they still call.........waiting on a court date...The case has been filed and their agent was served but they still call.

[admin]

If i know PRA they will call

 

I have been dealing with them for over a year on an sol 12 year old debt,,,I told them and wrote them that I refuse to pay but they still call.........waiting on a court date...The case has been filed and their agent was served but they still call.

Have you tried a cease and desist letter?

[Torden]

A refuse to pay letter is supposed to have the same effect.  It seems Gunny has already started the process to collect his reward.  I await the outcome.  I have some leftover fireworks that needs a reason.

[Clydesmom]

I have to second the PRA ignoring a cease and desist.  I have the exact same problem and am in the process of litigation with them now over the same thing.  I sent THREE letters telling them to stop CMRR all of which have been ignored.

[admin]

A refuse to pay letter is supposed to have the same effect.  

@Torden - case law?

[BV80]

@admin

 

I don't think all debt collectors think about the wording in 1692c©.

 

 

© Ceasing communication

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

The FDCPA also prohibits contacting a debtor who has "notified a debt collector in writing that the consumer refuses to pay a debt. . . ." 15 U.S.C. § 1692c©. Cruz v. Int'l Collection Corp., 673 F.3d 991, 997 (9th Cir. 2012).

Section 1692c© can be triggered if the consumer notifies the debt collector either that they refuse to pay the debt or that they wish the debt collector to cease communication about the debt.  Bishop v. I.C. Sys., Inc., 713 F. Supp. 2d 1361, 1367 (M.D. Fla. 2010).

[admin]

@BV80 - I stand corrected.