CC80

How to deal with Collection Agency - Portfolio Recovery Associates???

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Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. 
 
Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. 
One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "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."
The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. 
The most recent letter has stated that I owe around $650 but they will settle for 3 options:
1.) I pay $251.00 straight out
2.) I oay $47.00 for 6 months
3.) I pay $26.00 for 12 months
Since this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.
My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account?
 
 
Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. 
I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. 
 
On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.
My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011.
 
I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently.
 
So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. 
I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.
 

 

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Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. 
 
Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. 
One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "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."
The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. 
The most recent letter has stated that I owe around $650 but they will settle for 3 options:
1.) I pay $251.00 straight out
2.) I oay $47.00 for 6 months
3.) I pay $26.00 for 12 months
Since this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.
My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account?

 

They can't sue you and are hoping you will pay out of the kindness of your heart.  NOT.  Send a FOAD, refusal to pay, or cease and desist on this account number specifically.  DO NOT mention the other account in this letter.  Treat them as separate issues.  Send it CMRR and forget about it.  

 

I got one of those too from PRA and sent a FOAD and they never bothered me again on that account.

 

Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. 

I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. 
 
On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.
My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011.
 
I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently.
 
So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. 
I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.

 

This one is more problematic as they can probably sue you for the debt.  The first thing to do is send a DV letter CMRR to them disputing the debt.  That buys you 30 days.  During that time research all of TX laws on collecting on consumer debt because PRA tends to violate the FCDPA and FCRA A LOT.  I got them deleted off my CR by finding the violations and using the BBB in VA to make them cave.  That and the threat of a lawsuit.  

STAY OFF THE PHONE.  NOTHING good comes from talking to a JDB or CA and PRA is one of the top five worst of all time.  Make sure this second letter has "all calls are inconvenient to any number on record for the alleged account and all communication must be in writing" then STAY OFF THE PHONE.  Keep a record after the date they signed that green card of ALL calls they continue to make because that is a FCDPA and TCPA violation.  

 

PRA can be beat you just have to trust the process.

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Thank you for that information. I just obtained my credit reports and the GE Money Bank account is not even listed so they are just hanging on to that zombie debt. I will write them letters specifically regarding that account to get it closed. 

 

In regards to the Capital One Debt, I am going to prepare a DV letter for that one and see what happens.

The most recent letter that I have received is over 30 days old from when they say I can respond to verify the debt but I am going to send the DV anyway. OR should I wait until I get another letter in the mail reminding me of the debt or if they progress it to one of those "lets make a deal" letters? That way i get another full 30 days then can submit my DV within that window for ANOTHER 30 day period for them to respond. Would that be a good idea to wait or just send the DV off now to get this stuff figured out?

I basically want to avoid them pushing it to lawsuit status as I have seen on other credit forums that PRA loves to sue for Capital One debt. Even Debt lower than mine. On my credit reports it says I owe Capital One around $852 and PRA is saying it is now above $1000. Lawsuit avoidance is KEY. Seems like they want to play fair and get me to pay the bill but I really need to get a lower payout since it seems I need to take care of this debt that is within SOL. 

 

Also, how can I demand that they cease & desist all calls and only communicate via USPS mail? I have read that a Cease & Desist letter in general will push CA's to sue. Do I just write them to stop only calls and hope they comply and continue mailing me correspondence as I deal with this?

 

Thanks again for your advice. Im sick with worry on all this old debt that is popping up all at the same time after those years of tough times. 

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@CC80

 

You only get one 30-day window in which to request validation.  That occurs after the 1st letter that contains the 30-day validation notice.

 

If a JDB is going to sue, they're going to sue whether you send a C&D or not.  BTW, the FDCPA does not reference partial C&Ds (contact by mail only).  You can send a partial C&D, but some CAs may take that to mean a full C&D.

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In regards to the Capital One Debt, I am going to prepare a DV letter for that one and see what happens.

The most recent letter that I have received is over 30 days old from when they say I can respond to verify the debt but I am going to send the DV anyway. OR should I wait until I get another letter in the mail reminding me of the debt or if they progress it to one of those "lets make a deal" letters?

 

The good news is you are in Texas with consumer protection laws with some of the sharpest teeth in the country.  Under TX law that 30 day limit does not apply.  If you DV them at any time they have to cease collection efforts until they respond so DV away!

 

I basically want to avoid them pushing it to lawsuit status as I have seen on other credit forums that PRA loves to sue for Capital One debt. Even Debt lower than mine. On my credit reports it says I owe Capital One around $852 and PRA is saying it is now above $1000. Lawsuit avoidance is KEY. Seems like they want to play fair and get me to pay the bill but I really need to get a lower payout since it seems I need to take care of this debt that is within SOL. 

 

If the debt is within the SOL then the only thing that will keep them from suing is paying it off either through full payment or settlement by agreement.  PRA NEVER plays fair.  DO NOT fall for it.

 

Also, how can I demand that they cease & desist all calls and only communicate via USPS mail? I have read that a Cease & Desist letter in general will push CA's to sue. Do I just write them to stop only calls and hope they comply and continue mailing me correspondence as I deal with this?

 

You are stating all communication regarding this CAP1 debt MUST be in writing.  If they continue to call you have a counter claim for violating the TCPA.  You want counter claims as they tend to fold when they are caught breaking the law.

 

You only get one 30-day window in which to request validation.  That occurs after the 1st letter that contains the 30-day validation notice.

 

@BV80

 

The OP is in Texas which gives its residents the right to validate at anytime.  They are not bound by the FCDPA under Texas law and the 30 day window.  

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Excellent info. Thank you so much.

 

So tell me if this sounds like a good plan:

 

This week I am going to send a DV for the CAP1 account and see what they respond with.

I will also send a separate letter regarding the CAP1 account stating that I would like to C&D calls only and all communication must be in writing from now on. At that point i will make note of any calls received. Both documents will be sent CMRR. (also, should i reference the DV in this letter or just leave both letters to stand alone in the process)

 

Now, on the GE Bank account should I send a C&D specifying just that account and state that it is SOL? Or just state the C&D of ALL communications on that account and refusal to pay? 

 

Since PRA doesnt play fair, i want to make sure that the lines arent blurred on these two accounts and they end up screwing me. 

 

With any luck, im hoping my outcome on this will be to negotiate a lower amount on that CAP1 account and pay it off. And then have them just drop the GE Bank account.

Knowledge is power so thanks for the info and advice. 

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Excellent info. Thank you so much.

 

So tell me if this sounds like a good plan:

 

This week I am going to send a DV for the CAP1 account and see what they respond with.

I will also send a separate letter regarding the CAP1 account stating that I would like to C&D calls only and all communication must be in writing from now on. At that point i will make note of any calls received. Both documents will be sent CMRR. (also, should i reference the DV in this letter or just leave both letters to stand alone in the process)

 

 

You can put the all calls inconvenient and all communication in writing in the same letter as the DV as the last paragraph.  No need for extra mailing.  

 

Now, on the GE Bank account should I send a C&D specifying just that account and state that it is SOL? Or just state the C&D of ALL communications on that account and refusal to pay? 

 

Just send a simple short and sweet letter stating I refuse to pay this and do not contact me again regarding this account then list the account number.  

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Being a TX resident you MUST invoke the TX TFC-392 on your DV letters to get past the thirty day limit on your DV request. In TX you can request a DV anytime as long as you invoke 392. 392 has more teeth than the FDCPA, thus, you want to use them instead of the FDCPA. Your CR will show the charge off date on your debt, and you will need to count back about 60-90 days from that to get the time it should go off your report. Yes, the SOL in TX is four years, doubtful if you put up a good defense that they will sue you.

 

They want easy pickings and if you put up a reasonable fight they will probably run. First thing, is find out how long before the SOL runs on that last debt, then work from there. Find my TX thread on here and write a TX style DV letter, that will help you a lot.

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THANKS for that info! I will find that Texas DV letter.

 

Now, the DOFD starts right when I am over 30 days delinquent, correct? Back when it was still in CAP1's hands?

If thats the case then the DOFD dates back to 11/2010 according to my credit reports. Looks like it sat around from that point accumulating days up to 4/2011 then was officially charged off on 5/2011 then it began collections with a CA.  Would that mean that the CA has up to the end of this year to get me for this debt before it goes out of SOL and they cant make any move? If they cant get any money from my by say, October or November of this year then they legally cant sue or keep bugging me about it. 
 
Maybe that will help me negotiate a lower lump sum payment and delete off my record. 
 
After reviewing all 3 credit reports the CAP1 account is listed with this info:
Last Payment Made: 9/14/2010 
Pay Status: Charged off
Date Closed: 5/08/2011
Date Updated: 12/07/2013
 

However, I dont see the CA - Portfolio Recovery Associates on any of my credit reports as any negative hits. There are a few OTHER CA's but PRA is not there. The CAP1 account is still listed as CAP1 but says the debt was purchased by PRA.

 

 

One more thing regarding the account that is out of SOL, many have said to send them a letter stating I refuse to pay this and do not contact me again regarding this account then list the account number. And others have said that a DV for that old account may be better in shutting them up since they probably cant dig up that info. And if calls still remain regarding that account, cant i sue them for bugging about it since its out of SOL?

Ive got hundreds of calls on my google voice number (dedicated for things like this) directly from PRA and they dont state "which" account they are contacting about but it is a substantial amount of calls and numerous per day. Luckily, it cuts straight to voicemail so I even have a few voice messages from them. Again, never states which account they are calling about since there they are dealing with 2. However, during an accidental phone conversation (picked up the phone thinking it was someone else) one of the reps stated they had an "old" GE Bank account for awhile but she was calling about the CAP1 account. I simply told her i was looking into it and would send them documents if i needed to for dispute. 

 

Knowledge is power so lets keep sharing for eveyone else to see! We wont back down and i'll forever pay my bills after dealing with this mess. Life happens tho and we all fall on hard times. 

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@TomnTex -  In regards to the TX TFC-392 on my DV letter, what does that mean and how does it differ from a regular DV? 

From what ive seen, it means this "Texas Business and Commerce Code Chapter 20 Under the TFC 392.202, A CA must provide the name of the origional creditor; the origional date of default or non payment;the date the debt was transferred from the OC to a third party CA; the origional balance and current balance. "

Is this correct?

 

I have also seen that it includes i"f they dont respond with proper validation of debt within 30 days then they have to delete it from record and stop collection activities."

Is that true as well? Will that raise a red flag for them to continue aggressive pursuance of the debt?

 

Also, how would I add that TX TFC-392.202 into my DV letter? Im looking for a sort of copy/paste Texas DV Letter Template to edit and send out.

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I found a good Texas DV template and have added the C&D on calls in the last paragraph. However, do I need to reference the FDCPA in the DV? Or will the TFC 392.202 suffice? And do I need to state that I "dispute" the debt within the DV? Or do i wait until they respond to state that I dispute the debt they say I owe. Keep in mind the amount that they say i owe is far more than what has been reported on my CR on the CAP1 account, so I suppose I could dispute that amount. (on the CR, the CAP1 account stands at $850 and the CA says I owe something close to $1200 at this point.

 

 

 

Here is a draft: (without stating debt dispute, only validation) (Also, should I leave out the last part in red speaking about CIVIL REMEDIES? It was in the sample but seems a bit overboard)

 

 

March 1, 2014
Account Reference #:
 
To whom It may concern,
 
I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt.
 
For the purpose of validation provide me with:
·The name and address of the original creditor
·The original date of default or non-payment of the debt with original creditor
·The date the debt was transferred from the original creditor to the third party debt collector
·The original balance
·The current balance
·Any fees added by your agency. Sec. 392.303 (a)(2)
·Texas Surety bond information as required by Sec. 392.101
 
Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202(B)(2), that the debt in question is inaccurate.
Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1) 
 
Also per Texas Finance Code 392.202 Correction of third -party debt collector’s or credit bureau’s files.
I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 (a)(4).
 
Please reply with your response via US MAIL. I request that all further communications must be done in writing. I request a Cease & Desist on all telephone calls as they are inconvenient. I request that you do not contact my family, acquaintances, or employer in any manner. 
Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a)
A person may sue for: 
(1) injunctive relief to prevent or restrain a violation of this chapter; and
(2) actual damages sustained as a result of a violation of this chapter.
 
                                                                                                                                                                                                   Regards,
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I know the FDCPA does not recognize a partial cease communication however, I don't know if the TFC does but, I doubt it. You will possibly run into the scenario BV80 posted. a JDB can consider that a full cease communication then things could go south.

 

You are stating all communication regarding this CAP1 debt MUST be in writing.  If they continue to call you have a counter claim for violating the TCPA.  You want counter claims as they tend to fold when they are caught breaking the law.

 

 

The above is Dead Wrong. yes, they must stop calling after a DV but, if they validate they can continue to call and the threshold for validation is very, very low. Also, even after a full cease communication they can call once more and tell you what they are going to do such as file suit.

 

Now, the TFC is not an area I'm well versed in but, TomnTex knows far more and is a good resource to call on.

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The above is Dead Wrong.

 

No it isn't but you managed to cherry pick one comment and spin it out of context as usual.  Try reading what it was in response to:  a question about all communication being writing and HOW to phrase it.

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Doesn't matter How you phrase it. There is no such thing as a partial cease communication under the FDCPA. This was thrashed out here years ago. Now, some do include it but, barring a Fed fight and case law being made...., I'll wait and see and be cautious.

 

You need to be careful giving advice that is possibly not sound. Please don't start Another fight on this thread!

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Please don't start Another fight on this thread!

 

Then I suggest you stop misquoting me to pick them.  FYI:  leaving my name off the quote to be sneaky won't work on me either.  I am acutely aware you deliberately follow me around to start trouble.

 

I NEVER said there was a partial cease and desist.  The OP asked how to get Cap1 to cease and desist CALLING and to communicate in writing.  The OP used the words cease and desist.  I did NOT.  I responded on how to word that the consumer wants ALL communication in writing.  PERIOD.  

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Then I suggest you stop misquoting me to pick them.  FYI:  leaving my name off the quote to be sneaky won't work on me either.  I am acutely aware you deliberately follow me around to start trouble.

 

I NEVER said there was a partial cease and desist.  The OP asked how to get Cap1 to cease and desist CALLING and to communicate in writing.  The OP used the words cease and desist.  I did NOT.  I responded on how to word that the consumer wants ALL communication in writing.  PERIOD.  

 

I think i understand what you mean. Maybe I should re-word the communications part and leave out the "Cease & Desist" so they dont think its for ALL communication.

I will word it something like this "I request that all further communications must be done in writing. I request that all telephone calls stop as they are inconvenient. I request that you do not contact my family, acquaintances, or employer in any manner."

 

That should work, right?

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They can't sue you and are hoping you will pay out of the kindness of your heart.  NOT.  Send a FOAD, refusal to pay, or cease and desist on this account number specifically.  DO NOT mention the other account in this letter.  Treat them as separate issues.  Send it CMRR and forget about it.  

 

I got one of those too from PRA and sent a FOAD and they never bothered me again on that account.

 

 

This one is more problematic as they can probably sue you for the debt.  The first thing to do is send a DV letter CMRR to them disputing the debt.  That buys you 30 days.  During that time research all of TX laws on collecting on consumer debt because PRA tends to violate the FCDPA and FCRA A LOT.  I got them deleted off my CR by finding the violations and using the BBB in VA to make them cave.  That and the threat of a lawsuit.  

STAY OFF THE PHONE.  NOTHING good comes from talking to a JDB or CA and PRA is one of the top five worst of all time.  Make sure this second letter has "all calls are inconvenient to any number on record for the alleged account and all communication must be in writing" then STAY OFF THE PHONE.  Keep a record after the date they signed that green card of ALL calls they continue to make because that is a FCDPA and TCPA violation.  

 

 

PRA can be beat you just have to trust the process.

O.k., the OC is out and the JDB owns it. Again, no need for you to start fighting as usual. What you stated was the same as a partial cease comm. The all calls are inconvenient in a DV is what is commonly referred to as a partial cease comm. There is no legal basis for this. The JDB can view it as a full cease communication.  You can add it like I stated but, again, no basis for it under the FDCPA unless of course you want a full cease comm.

 

The OP needs to use the Texas TFC alone as it has more teeth than the FDCPA.

 

TCPA violation, Yeah, right!!

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O.k., the OC is out and the JDB owns it. Again, no need for you to start fighting as usual. What you stated was the same as a partial cease comm. The all calls are inconvenient in a DV is what is commonly referred to as a partial cease comm. There is no legal basis for this. The JDB can view it as a full cease communication.  You can add it like I stated but, again, no basis for it under the FDCPA unless of course you want a full cease comm.

 

The OP needs to use the Texas TFC alone as it has more teeth than the FDCPA.

 

TCPA violation, Yeah, right!!

 

@Credithis, then what can i do to stop calls and have them continue communications ONLY in writing? i know that once I submit a DV they cant legally call for 30 days but is there any way to stop them after that 30 day window? ive got a different JDB that im going to have to do this same thing with to stop calls and BS before the debt maxes out of SOL.

 

Basically, ive got 2 accounts with 2 different JDB's that are ALMOST out of SOL (end of year) and im trying to deal with them by EITHER slowing the collections process until they reach SOL (by taking no calls, answering no letter deals, possibly send out DV's, etc)

OR if they pursue the debt excessively before SOL and threaten suit i'll make a deal with them later. This thread is primarily aimed toward my collections with Portfolio Recovery Associates. Literally by the end of the year i can tell them to FOAD... 

 

suggestions?

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There are several knowledgeable Texans on this board who know Texas law far better than I. You may want to pm TomnTex and see if he knows the others. I do know you can get them to roll over and heel with it if used properly.

 

The only place I know with a topic referring to and using the Texas laws are on the Texas Mother Thread listed below, Centex is a Texas attorney and gives excellent advice.  This is the Texas Mother Thread:

 

http://creditboards.com/forums/index.php?showtopic=240327 

 

Good Luck!!! Please keep us informed on your progress.

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@CC80

 

You can send a letter that tells them to cease all calls.  Whether they obey that is up for grabs.  The reason is because the FDCPA specifies calls made at inconvenient times.   You can say that all calls are inconvenient, but I don't know that you would have a violation if they called again. 

 

I know of only one court that has dealt with that issue.  Bakewell v. Federal Financial Group, ND Georgia, 2007.

 

The court cannot find that Plaintiff is entitled to summary judgment on her 15 U.S.C. § 1692c© claim. Upon reading Plaintiff's letters, the court cannot find that as a matter of law Plaintiff invoked the protection of this subsection. First, Plaintiff does not tell Defendant that she refuses to pay the debt. Moreover, in her letters, Plaintiff never tells Defendant to cease further communication. Instead, she tries to limit Defendant's communications, seeking only written communications as opposed to phone calls. Plaintiff has not provided and the court is not aware of any case law which allows a debtor through section 1692c© to limit the type of communications made by a debt collector.

 

In regard to the TCPA, I'm not sure that requesting all calls cease would be considered revocation to call your cell phone. 

 

The TCPA addresses calls made by autodialers.  More than likely, that's what the JDB uses, but you'd have to prove it (which can be done).  I would tell them that the number they are calling is a cellular number and that you're revoking any consent to call that number.

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You want to reffrence the TFC-392  in your DV letter, not the FDCPA as the TX law has a lot more teeth. As BV said, you can request that they stop calling, etc. Doesn't mean they will. They are allowed one last communication to tell you what they are going to do.

 

Here is a rough Texas DV style letter. Edit to suit you and to fit your situation as this covers a lot:

 

As I am  a Texas resident, I will be using Texas Finance Code 392.202 to backup my dispute and I suggest that you adhere to its provisions. I will not hesitate to act if you disregard my rights or violate the Texas Laws you are required to respect. You have 30 days from your receipt of this tracked letter to validate this alleged debt. If you cannot or will not validate this account properly in 30 days, Texas Finance Code 392.202(d) requires any trade lines associated with this alleged debt must be deleted from any and all credit reports/reporting bureaus you may do business with. You are not to sell, transfer, assign, or share any information about me, or this alleged debt with anyone else.

I am reasonably certain that your staff is aware of the current position of many courts that continuing to report a trade line is viewed as continuing collection activities. I am also reasonably certain that your staff is aware of the requirements of the Texas Finance Code pertaining to the reporting of matters that are disputed. In particular, I would again point you in the direction of Section 392.202 which references the duties of the collector upon notification of the matter being in dispute.

Nothing in this letter authorizes a hard pull or a soft pull of my credit information. The account number you have reported to a credit bureau is included and should provide you with sufficient information with which to identify me in your existing records. There should be no basis for you to request additional information from me in the validation process. It is not incumbent upon me, as the injured party, to build your files for you, nor should I pay a penalty in the form of failure to procure credit from existing or new lenders and bear a negative impact on credit scores for your attempts to reconstruct records which you should already have possessed prior to making any claim. If such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report as well as retaliatory actions for the exercise of rights provided to me as a consumer under Texas law.

Be advised you are hereby put on the 60 day notice of "right to cure" as allowed under the Texas Business and Commerce Code (BCC17). In addition to the reporting requirements incumbent upon third-party entities, Texas law also contains a bonding requirement. A search of the list of bonded agencies provided to me by the Legal Support Unit/Statutory Documents Section of the Secretary of State did support that a bond was in place at the time your office claims to have reported the file. Records reflect that the bond is underwritten by Bond Underwriter Company (policy number xxxxxxxxxxxx) and involvement of their claims personnel has been held in abeyance pending your compliance with the issues in this letter.

Failure to timely and fully validate this alleged debt will result in an actionable offense(s) under Texas state law, in which damages will also be sought under § 17.41 Deceptive Trade Practices-Consumer Protection Act of the Business and Commerce Code (BCC17). Those damages are subject under Texas law to a trebling upon a showing of gross negligence. Should legal action be necessary, venue shall reside in Dallas County, Texas. Upon a favorable finding in the Dallas County courts, claim will be made against the bond. There are no federal questions being raised in this matter and any attempt to remove an action to Federal Court will be challenged.

This document is also to serve as notice that the only form of correspondence I am willing to receive from your business is through the written communication at the address listed below. Telephone calls to my home or place of employment are inconvenient. I retain the right to use this correspondence and all following communications in any court proceedings arising in regard to this account.

 

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