• Report: #275869

Complaint Review: Portfolio Recovery Associates

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  • Submitted: Mon, September 24, 2007
  • Updated: Sun, August 22, 2010

  • Reported By:Providence Rhode Island
Portfolio Recovery Associates
portfoliorecovery.com Norfolk, Virginia U.S.A.

Portfolio Recovery Associates Tried to collect a debt that is 100 percent not Ours Norfolk Virginia

*Author of original report: Hired another company

*Author of original report: At it again!

*Author of original report: At it again!

*Author of original report: Well, they are at it again

*Author of original report: Still Waiting for their Lawyer to respond to Counter Claim

*Consumer Suggestion: What is status now?

*Author of original report: PORTFOLIO'S RECOVERY ASSOCITES In state lawyer didn't know she has woken up th bulldog!

*Author of original report: UPDATE

*Consumer Suggestion: I agree with Robert

*Consumer Suggestion: countersuit

*Author of original report: update

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We received a phone call about this debt ($1562.00 plus interest $2530.00 total) first in May 2007, asked them to send in writing , they did in May 07...it is not our debt . We asked for validation . What they sent was our name , our current address and some old address (no state mind you) When last payment on this debt was 1998 (we didn't live at our current address at that time), the account was opened in 1992 not at our current address.

Then they sent us a letter calling our request validaton letter frivolous and irrelevent and if we did not respond with more information they considered this matter close. Well so did we, its not our debt ...prove it.

Skip forward, and we get another bill August 28, 2007 same crap...its not our bill. My husband was about to send another request for validation...give us more information. But before he could do that we received a letter from a local law firm, demanding payment and response within 30 days.

Our answer to them was a trip to our attorneys just 2 days after the letter...yes it cost $200.00 but it wias worth it. Come to find out, yes it is not our debt, like we said, but also it had been included in someone else's bankrupcy 4 years ago. So I hope this does it for them, if not we intend to sue!

Upset
Providence, Rhode Island
U.S.A.

This report was posted on Ripoff Report on 09/24/2007 02:02 PM and is a permanent record located here: http://www.ripoffreport.com/r/Portfolio-Recovery-Associates/Norfolk-Virginia-23541/Portfolio-Recovery-Associates-Tried-to-collect-a-debt-that-is-100-percent-not-Ours-Norfolk-275869. 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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REBUTTALS & REPLIES:
3Author 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Hired another company

AUTHOR: Upset - (USA)

Well, its been awhile. Its in the courts still...three years now. So we still get calls from them and now they have hired another company called Van Ru Collection Agency. Letters , now phone calls. Our lawyers can't believe they are doing this since we have consul and this is in the courts system awaiting a date. They sure have nerve. I document all calls and letters..thats 1000.00 dollars each violation for contact...love it. We should have a nice settlement when this goes to court. Remember, this is not our debt..it was my sons and was dissolved in his bankruptcy. We have all the paper work to prove it...I can't wait to see what they have...NOTHING!
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#2 Author of original report

At it again!

AUTHOR: Upset - (USA)

Well recieved another bill from these scum bags. This case is in court. Are they suppose to contact us like this, aren't they suppose to go through the attorneys and court. Or do they even know that... IT IS IN COURT IT HAS BEEN 4 YEARS OF THIS FARCE...ESPECIALLY WHEN IT IS MY SONS DEBT AND WAS DISCHARGED IN A BANKRUPTCY COURT. and iT IS STILL NOT OUR DEBT BUT MY SONS. My husband is ill now and I do not want him to go through any stress it will not help his cancer. I think we need a new lawyer, to get this done once and for all! I welcome the court date I want to go to court to end this farce! I want Portfolio scumbags to pay for all our heartache they have caused us over this. Anyone out their that can help!
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#3 Author of original report

At it again!

AUTHOR: Upset - (USA)

Well recieved another bill from these scum bags. This case is in court. Are they suppose to contact us like this, aren't they suppose to go through the attorneys and court. Or do they even know that... IT IS IN COURT IT HAS BEEN 4 YEARS OF THIS FARCE...ESPECIALLY WHEN IT IS MY SONS DEBT AND WAS DISCHARGED IN A BANKRUPTCY COURT. and iT IS STILL NOT OUR DEBT BUT MY SONS. My husband is ill now and I do not want him to go through any stress it will not help his cancer. I think we need a new lawyer, to get this done once and for all! I welcome the court date I want to go to court to end this farce! I want Portfolio scumbags to pay for all our heartache they have caused us over this. Anyone out their that can help!
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#4 Author of original report

Well, they are at it again

AUTHOR: Upset - (U.S.A.)

This has been going on forever, We thought we had heard the last from them because it has been a year and 4 months since we answered their lawsuit. But now we have heard from our attorney on this matter again...so now we will definitely go after them full force. It is not our debt and I don't care how much money it cost us WE WILL NOT PAY FOR A DEBT THAT IS NOT OURS!
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#5 Author of original report

Still Waiting for their Lawyer to respond to Counter Claim

AUTHOR: Upset - (U.S.A.)

Our Attorney has stated that they have asked for an extension...

Well they came after us, you think they would have all the proof to sue us for a debt that they claim is ours. I can't believe a Judge would let them have a right to an extension, we are ready to go. Remember they started this. I have all my paper work to prove its not our and thats after 11 years. Whats their problem with all their lawyers and everything.We have a statement from they credit card company that we have never had a Capital One card, all my cancel checks for the last thirty years (not one made out to Capital One). its not or never has been listed onour credit reports, we have never lived at the addresss that they showed as a past address. The social Security Numbers don't match.

What gives them theright to prolong this fight. Its troubling my health all this worry. WE WANT IT TO BE DONE AND OVER! We will keep this site updated
Thanks
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#6 Consumer Suggestion

What is status now?

AUTHOR: Jdbvictim - (U.S.A.)

I'm sorry about what Portfolio Recovery ASSociates is putting you through. They are criminals, in my estimation, and must be stopped. We are starting our fight with them now and seems we may have to go the lawsuit route. I was wondering if the status of your suit has changed, and if so, what's happened since your last post. Please keep us updated.
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#7 Author of original report

PORTFOLIO'S RECOVERY ASSOCITES In state lawyer didn't know she has woken up th bulldog!

AUTHOR: Upset - (U.S.A.)

So now we have answered her supeana, and have counter sued. The debt is not ours and We don't care how much it cost us to win, because its not ours.
I think this witch didn't thinhk we would fight her.
Won't she be surprized that I have all my bank registers since 1992 and there were no checks written to Capital one from us at that time, plus Cappital One has no record of OUR SOCIAL SsECURITY NUMBERS ASSOCIATED with that credit card number. Lawyer says it might take some time but that we will prevail
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#8 Author of original report

UPDATE

AUTHOR: Upset - (U.S.A.)

Okay, so the lawyer we hired was the lawyer for the other bankrupcy. He called their lawyer when he should have sent a letter. So here it is now November and My husband and I get served a summons foto respond to district court. Off to the lawyer we go again, he calls the law firm handling the suit, They say "Yeah we know it was the sons and it went through bankruptcy, but now we are going after the father for the amount. I don't know how we weren't a user on the account...yes in the past we have helped all our children...but never and I do mean never had a joint account with our children or co-signed on anything. Plus it never in almost 10 years shows on our credit and the credit card company never contacted us either. We will go to court now and boy do we plan to file a lawsuit. This lawyer is know to lie in cour according to Rippoff. We will have to see what they are suppose to have at discovery I guess.
Any other helpful comments would be appreciated. I can't tell you how sick this makes me I can't eat or sleep.
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#9 Consumer Suggestion

I agree with Robert

AUTHOR: Tim - (U.S.A.)

Counter-sue the living daylights out of them. Hopefully your lawyer is familiar with the FDCPA, the FCRA, the Bankruptcy Code, and any and all equavalent state laws.

Remind your attorney, if necessary, that the FDCPA and the FCRA provide for attorney's fees.
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#10 Consumer Suggestion

countersuit

AUTHOR: Robert - (U.S.A.)

Since you already have spent $200 for legal council, don't forget to respond to their suit with a countersuit. It should be fun and I'm sure your attorney won't mind the easy legal fees.
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#11 Author of original report

update

AUTHOR: Upset - (U.S.A.)

Well now November 20, its on again even with the attorney we received a summons today, back to the attorney we go, The attorney can't even believe the gall so we we keep you updatedd about these scum.
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