jlock45

Disputed Collection Account

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Hello I have  question about a collection account that has been on my credit report that I disputed with the credit bureaus and I uploaded the documents showing where the Portfolio Recovery Associates LLC brought suit against me and then dismissed the suit and never answered my discovery questions or validation on anything I requested. Once I did this I received a call to my actual cell phone while I was at work yesterday from their prior attorney and they did not leave a message. My question is why did they call me? Also, is this legal? In addition to this Portfolio Recovery is in violation from filing the suit to begin with I found out due to the the law suit brought against them with the Consumer Financial Protection Bureau without showing validation of the debt. Also, they are not allowed to resell their debts either. They dismissed their case that they brought against me a few years ago. Can anyone help me understand why thier old attorney would be calling me? 

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2 hours ago, jlock45 said:

Hello I have  question about a collection account that has been on my credit report that I disputed with the credit bureaus and I uploaded the documents showing where the Portfolio Recovery Associates LLC brought suit against me and then dismissed the suit and never answered my discovery questions or validation on anything I requested. Once I did this I received a call to my actual cell phone while I was at work yesterday from their prior attorney and they did not leave a message. My question is why did they call me? Also, is this legal? In addition to this Portfolio Recovery is in violation from filing the suit to begin with I found out due to the the law suit brought against them with the Consumer Financial Protection Bureau without showing validation of the debt. Also, they are not allowed to resell their debts either. They dismissed their case that they brought against me a few years ago. Can anyone help me understand why thier old attorney would be calling me? 

If they voluntarily dismissed without prejudice, they can still try to collect.

Any violation of the FDCPA that may have committed at that time is now outside the SOL because the FDCPA has a one year SOL.

If it was Portfolio that tried to contact you, that means they haven’t sold the debt. 

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@BV80 It was the attorney that called me. Is it not illegal for them to contact me regardless on my cell phone while I am on the job. ? I am not their client and they need to respond to the bureau not me correct?  

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20 minutes ago, jlock45 said:

@BV80 It was the attorney that called me. Is it not illegal for them to contact me regardless on my cell phone while I am on the job. ? I am not their client and they need to respond to the bureau not me correct?  

They didn’t contact you at your work number.  

You don’t know why he’s calling unless you talk to him.  Right now, we can speculate, but that’s it.  

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21 minutes ago, jlock45 said:

Is it not illegal for them to contact me regardless on my cell phone while I am on the job. ?

No.  Until you send them a cease and desist or revoke consent to call your cell phone there is nothing illegal about it.

3 hours ago, jlock45 said:

My question is why did they call me?

I am not their client and they need to respond to the bureau not me correct?  

BIG mistake to dispute the debt while the SOL is still alive. The problem with disputing because they didn't follow through on the suit is that you risk pushing them to return to court.  The bureaus were not going to delete the trade line because they didn't finish the suit.  The only way they delete is if the court rules in a verdict you did not owe the debt.

As @BV80 said there is no way to guess why they are calling.

3 hours ago, jlock45 said:

In addition to this Portfolio Recovery is in violation from filing the suit to begin with I found out due to the the law suit brought against them with the Consumer Financial Protection Bureau without showing validation of the debt.

There is no private right of action against PRA for violation of the consent order with the CFPB.  All you can do is make another complaint to the CFPB and hope they do something.

3 hours ago, jlock45 said:

They dismissed their case that they brought against me a few years ago.

With or without prejudice?

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@Clydesmom I did this because they they would not validate any of the information I requested in discovery and they brought the suit. They have called my place of business and have been told to stop. Then after they dismissed the suit without prejudice why would they bring it back to me again when they did not validate anything or even respond to one thing I sent them certified when they hired this attorney. Then I dispute this collection and this attorney is calling me on my cell phone. I just found it very strange that they would call me but I did see where they had been in violations themselves with complaints with the BBB but I guess I just was curious if it was illegal for them to contact me in general but I believe I was told earlier it was not ?? Also, why keep wasting your money sending me something when you have no plans on validating something that I asked you to validate back when you brought on the suit. 

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7 minutes ago, jlock45 said:

@Clydesmom I did this because they they would not validate any of the information I requested in discovery and they brought the suit. They have called my place of business and have been told to stop. Then after they dismissed the suit without prejudice why would they bring it back to me again when they did not validate anything or even respond to one thing I sent them certified when they hired this attorney. Then I dispute this collection and this attorney is calling me on my cell phone. I just found it very strange that they would call me but I did see where they had been in violations themselves with complaints with the BBB but I guess I just was curious if it was illegal for them to contact me in general but I believe I was told earlier it was not ?? Also, why keep wasting your money sending me something when you have no plans on validating something that I asked you to validate back when you brought on the suit. 

 

Did you request validation before or after they served you the lawsuit?

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@Clydesmom in discovery as instructed on this forum and they ignored me and never responded to anything I requested. They would not send me anything ..they jsut dropped it all together and said thank you for doing business with us? Then official paperers were drawn up from them and the court and the suit was dropped. I was advised that they did not expect me to send them anything therefore they dismissed it because they had no validation of what I was asking them to send.  

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3 minutes ago, jlock45 said:

@Clydesmom in discovery as instructed on this forum and they ignored me and never responded to anything I requested. They would not send me anything ..they jsut dropped it all together and said thank you for doing business with us? Then official paperers were drawn up from them and the court and the suit was dropped. I was advised that they did not expect me to send them anything therefore they dismissed it because they had no validation of what I was asking them to send.  

Discovery is not debt validation.  Therefore, they did not violate the FDCPA. 

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@Clydesmom I guess I just did not understand why they brought a suit against me and then dropped it for no reason and never sent me anything I asked for but just said never mind we would like to dismiss this all together. Then I didn't understand why they would have their people they hired call me yesterday instead of answering the credit bureaus. They do not need to call me at all. I am at work during the day and they do not need to call me ever period 

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29 minutes ago, jlock45 said:

I am at work during the day and they do not need to call me ever period 

They believe you owe them money.  Therefore, in their eyes, they do have a need and a reason to call you.

Unless you send them a cease and desist letter that states they are not permitted to contact you by phone, they can call you during reasonable hours.

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32 minutes ago, jlock45 said:

I guess I just did not understand why they brought a suit against me and then dropped it for no reason and never sent me anything I asked for but just said never mind we would like to dismiss this all together.

There are some debt collection law firms that are nothing but lawsuit mills.  They are after he low hanging fruit of the default judgment and easy collection.  Any consumer they sue who answers and asks for discovery or hires a lawyer gets a dismissal. This small percentage they walk away from is factored in to the business model. The 95% default judgment rate followed by garnishment or bank levy more than compensates for the small number they let drop.

34 minutes ago, jlock45 said:

Then I didn't understand why they would have their people they hired call me yesterday instead of answering the credit bureaus.

When you send a dispute to the bureaus (with or without paperwork) they send an inquiry to the creditor.  The creditor can respond to the bureau(s), you, or both.  Nothing prohibits them from contacting you until you send a cease and desist.  What you need to understand going forward is they know that you disputing is engaging in credit repair because you want or need credit.  Their trade line may be impeding your attaining new credit therefore requiring you to deal with them which could equate to payment.  

Yes, PRA sued you and dropped it.  Going forward:  do not dispute debts of this nature unless you are 1000% certain the SOL to refile that suit has expired.  If it has then the next thing to know is the only leverage the JDB has is to report to the bitter end of the 7.5 year reporting period.  They will not budge and will validate to the bureaus to keep the trade line active in hopes you will pay them.  If the SOL for lawsuit on this debt is expired then feel free to send PRA and their law firm a cease and desist letter regarding contacting you about it and revoking permission to call your cell phone.  Send it CMRR and know that they can contact you ONE time after receiving it to tell you what action they are taking i.e. won't call again.  

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18 minutes ago, Clydesmom said:

Going forward:  do not dispute debts of this nature unless you are 1000% certain the SOL to refile that suit has expired.

This is very important advise!  When I worked on cleaning up my horrible credit 20+ years ago, I left the collections alone because they were still within the SOL.  Disputing these with the credit reporting bureaus can be like waking up a sleeping giant.  It's best to leave them alone and hope the SOL quietly runs out.

 

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