- Report: #848810
Complaint Review: PORTFOLIO RECOVERY
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| PORTFOLIO RECOVERY 120 Corporate Boulevard
NORFOLK, Virginia United States of America |
|
PORTFOLIO RECOVERY HARRASING AND NOT INFORMATIVE ON A DEBT THERE TRYING TO COLLECT. NORFOLK , Virginia
*Consumer Comment: Here is how you deal with these guys
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All of a sudden these people from portfolio call me house from 8 am til 9 pm. They said my debt was from 2002 . I asked for more information cause in 2002 10 years later therre trying to call for a debt. So I asked them what address do they have. Well the address they gave I didnt live in 2002. So when I asked for more info they couldnt even give it to me. They call 10 times a day I asked nicely to stop calling and this woman cursing yelling then hung up and kept calling back 15 times in a row. I told them I am not paying for something that is not mine and that they cant show proof or give me more info. So they sent me an email for me to dispute it the email is not working I called to verify the email and i told them it keeps bouncing back the lady told me I must be doing something wrong. I told her I knew how to email and she called me stupid. I am appauled and I am not replying or trying to fix this til I get help.
Please help.
Please help.
This report was posted on Ripoff Report on 03/05/2012 09:05 AM and is a permanent record located here: http://www.ripoffreport.com/r/PORTFOLIO-RECOVERY/NORFOLK-Virginia-/PORTFOLIO-RECOVERY-HARRASING-AND-NOT-INFORMATIVE-ON-A-DEBT-THERE-TRYING-TO-COLLECT-NORFO-848810. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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Search Tips#1 Consumer Comment
Here is how you deal with these guys
AUTHOR: Tagurit - (USA)
SUBMITTED: Monday, March 05, 2012
These third party debt collectors purchase old debt from other collectors and at times from the original creditor for pennies on the dollar. They're hoping your not smart enough to know the following.
In literally every case, the debts in question are usually time-barred (e.g. really old and out-of-statute for lawsuits) and they lack a reference to the debts originator. And, if a collector doesnt know to whom the original debt was owed, theres no way the collector can have valid, accurate, non-perjured documentation. In other words, they cant provide validation of the original debt and if they file a civil suit to claim you owe the debt they will lose in court (provided you show up to prove this) since the debt is past the statute of limitations. Make sure to check the statute of limitations for your state they typically run from 3-4 years. In this case a debt from 2002 is WAY past the statute of limitations and they KNOW it.
Additionally, any debt past 7 years old (except student loans and Federal loans) cannot be reported on your credit bureau file or affect your credit rating. These bottom feeders are hoping you dont know this and will make a preliminary small payment on the debt thereby restarting the date on the outdated debt and making it now reportable to your credit files. Whatever you do don't pay them a dime.
If you are contacted by any of these bottom feeders there are a few key things you need to keep in mind. If you receive a summons or are asked to go to court dont blow it off. Make sure you show up with information showing the debt is past the statute of limitations. If you fail to show up with proper preparation, they can get a default judgment against you and youre screwed.
Secondly, you do not need to deal with them talk to them, or let them harass you. Send the following letter to them certified return receipt. If they violate the terms of the letter haul their sorry asses into court and sue them. Small claims court is fine.
Your City,
State Zip
Collector's Name
Collector's Address
Collector's City, State Zip
Account Number: XXX-XXXX-XXXX - or your phone # and if possible the "creditor" for which this debt was for originally (so they can find you in their system)
To Whom It May Concern:
This letter is response to your phone call on/letter dated __________, concerning the above referenced account number.
I have checked with my state Attorney General and confirmed that the statute of limitations on this type of debt has expired. If you choose to pursue this matter in court, I will be able to show proof that the statute of limitations has expired and you will lose your court case.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any further communication by any means to myself, my employer, my family, neighbors, or friends regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act and will result in my filing a lawsuit against your firm. Additionally, I will lodge a formal complaint with the Attorney General of both my State and the State in which you operate as well as a formal complaint with the FTC. I will also file a lawsuit against you should you should report any negative information on any of my credit files or in any way attempt to negatively affect my credit rating.
Your Name (typed not signed so they cant copy and forge your signature).
In literally every case, the debts in question are usually time-barred (e.g. really old and out-of-statute for lawsuits) and they lack a reference to the debts originator. And, if a collector doesnt know to whom the original debt was owed, theres no way the collector can have valid, accurate, non-perjured documentation. In other words, they cant provide validation of the original debt and if they file a civil suit to claim you owe the debt they will lose in court (provided you show up to prove this) since the debt is past the statute of limitations. Make sure to check the statute of limitations for your state they typically run from 3-4 years. In this case a debt from 2002 is WAY past the statute of limitations and they KNOW it.
Additionally, any debt past 7 years old (except student loans and Federal loans) cannot be reported on your credit bureau file or affect your credit rating. These bottom feeders are hoping you dont know this and will make a preliminary small payment on the debt thereby restarting the date on the outdated debt and making it now reportable to your credit files. Whatever you do don't pay them a dime.
If you are contacted by any of these bottom feeders there are a few key things you need to keep in mind. If you receive a summons or are asked to go to court dont blow it off. Make sure you show up with information showing the debt is past the statute of limitations. If you fail to show up with proper preparation, they can get a default judgment against you and youre screwed.
Secondly, you do not need to deal with them talk to them, or let them harass you. Send the following letter to them certified return receipt. If they violate the terms of the letter haul their sorry asses into court and sue them. Small claims court is fine.
Your City,
State Zip
Collector's Name
Collector's Address
Collector's City, State Zip
Account Number: XXX-XXXX-XXXX - or your phone # and if possible the "creditor" for which this debt was for originally (so they can find you in their system)
To Whom It May Concern:
This letter is response to your phone call on/letter dated __________, concerning the above referenced account number.
I have checked with my state Attorney General and confirmed that the statute of limitations on this type of debt has expired. If you choose to pursue this matter in court, I will be able to show proof that the statute of limitations has expired and you will lose your court case.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any further communication by any means to myself, my employer, my family, neighbors, or friends regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act and will result in my filing a lawsuit against your firm. Additionally, I will lodge a formal complaint with the Attorney General of both my State and the State in which you operate as well as a formal complaint with the FTC. I will also file a lawsuit against you should you should report any negative information on any of my credit files or in any way attempt to negatively affect my credit rating.
Your Name (typed not signed so they cant copy and forge your signature).
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