ethics
  • Report: #437179

Complaint Review: Portfolio Recovery Associates,LLC For CREDIGY RECEIVABLES INC./METRIS

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  • Submitted: Tue, March 24, 2009
  • Updated: Wed, March 25, 2009

  • Reported By:Hammonton New Jersey
Portfolio Recovery Associates,LLC For CREDIGY RECEIVABLES INC./METRIS
P.O. BOX 1214 Norfolk, Virginia U.S.A.

Portfolio Recovery Associates,LLC For CREDIGY RECEIVABLES INC./METRIS Never heard of credigy receivables -Norfolk Virginia

*Consumer Suggestion: Incorrect information

*Consumer Suggestion: Incorrect information

*Consumer Suggestion: Incorrect information

*Consumer Suggestion: Incorrect information

*Consumer Comment: RE:

*Consumer Comment: RE:

*Consumer Comment: RE:

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On March04,2009 I received a Letter from Portfolio Recovery Associates LLC, telling me that I had a Balance of 1069.55 with Credigy receivables inc/metris and that it was from an account that I had opened in 1999 that the purchase was for $992.24 and they would settle for $427.82 well I did not waste a minute I was right on the phone with Portfolio Recovery and told them I never had such credit card and I felt this was a scam they told me not to believe what the Internet tells you I told them i want to Dispute this that I would get an Attorney to fight this all the way.. I have called them twice in ref to my dispute paper to fill out still waiting. I will not allow them to rip me off I will fight them all the way and I will come out the winner.

Aganist RipOffs
Hammonton, New Jersey
U.S.A.

This report was posted on Ripoff Report on 03/24/2009 01:24 PM and is a permanent record located here: http://www.ripoffreport.com/r/Portfolio-Recovery-AssociatesLLC-For-CREDIGY-RECEIVABLES-INCMETRIS/Norfolk-Virginia-23541/Portfolio-Recovery-AssociatesLLC-For-CREDIGY-RECEIVABLES-INCMETRIS-Never-heard-of-credi-437179. 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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Updates & Rebuttals

#1 Consumer Suggestion

Incorrect information

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

If this debt was originally created in NJ, then the SOL is 6 years and this is a time barred debt. IF the debt was originally created in another State, then Anna should check the SOL for the state inwhich the debt was created.

John is incorrect about SOL.

""You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...""

Absolutely FALSE. 13 states have an SOL for consumer debt of 10 years or longer. Some have an SOL of 8 years.

""This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.""

Depends on the State inwhich the debt is owed. Minnesota has "pocket service" in that a debt collector/creditor can levy bank accounts WITHOUT a court order. Minnesota residents must be very deligent in monitoring their credit situations.

""however, once the statute of limitations is up...they've lost the power to successfully take legal action.""

Incorrect. Minnesota has "pocket service." Further, many JDBs will SUE in the hopes that the debtor IGNORES the summons, and then they win a default judgment. An expired SOL is an affirmative defense against a time barred debt lawsuit, BUT the debtor must respond to the courts and AFFIRM an expired SOL defense - the courts WILL NOT affirm such a defense for the debtor.

""Per the Fair Debt Collection Practices Act, you can send them a 'cease communications' letter and that will be all that you need to do. Per this law they must cease collection activity.""

I'm going to split hairs here. The consumer debtor must affirm that they are NOT GOING TO PAY THE ALLEGED DEBT and demand the collector cease communication. This is per the FDCPA.

""John is right""

No. He is NOT right as I've pointed out.

Bud Says Consumer Comments Below

""One of PRA's favorite tricks is to use the IRS to collect for them.""

""Secondly, his taxes are hit when the IRS waves this 1099C in his face. They are effectively collecting for PRA at this point, since PRA took the loss (100%) of something they paid only pennies on the dollar for.""

If this truly comes from his website, Mr. Hibbs should CHANGE this. The IRS does not collect for any creditor/debt collector. When imputed income is reported via 1099, the additional income tax owed for the imputed income is a FRACTION of the debt forgiven.

""Third, the consumer has to face the debt again when the junk debt buyer comes after him anew.""

It is illegal for ANYONE to attempt an absolved debt. A 1099 memorializes the fact that the debt is ABSOLVED (forgiven) and any consumer who receives one should save if FOREVER. Further, it is illegal for anyone to SELL a debt that DOES NOT EXIST (a forgiven debt is ABSOLVED-does not exist) and the debtor may successfully SUE anyone who SELLS an absolved debt (FCRA violation.)

""Hopefully, the IRS will catch onto this scam.""

They are. It is a FELONY to deliberately file a false or incorrect 1099. The IRS may pursue legal action, but more importantly, the CONSUMER may successfully SUE the entity that sold the absolved debt.

Hope this help you Anna.


PRA is a publicly traded company, so one would think they wouldn't be able to get away with this type of financial accounting for very long without some preying eyes.
Respond to this report!
What's this?

#2 Consumer Suggestion

Incorrect information

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

If this debt was originally created in NJ, then the SOL is 6 years and this is a time barred debt. IF the debt was originally created in another State, then Anna should check the SOL for the state inwhich the debt was created.

John is incorrect about SOL.

""You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...""

Absolutely FALSE. 13 states have an SOL for consumer debt of 10 years or longer. Some have an SOL of 8 years.

""This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.""

Depends on the State inwhich the debt is owed. Minnesota has "pocket service" in that a debt collector/creditor can levy bank accounts WITHOUT a court order. Minnesota residents must be very deligent in monitoring their credit situations.

""however, once the statute of limitations is up...they've lost the power to successfully take legal action.""

Incorrect. Minnesota has "pocket service." Further, many JDBs will SUE in the hopes that the debtor IGNORES the summons, and then they win a default judgment. An expired SOL is an affirmative defense against a time barred debt lawsuit, BUT the debtor must respond to the courts and AFFIRM an expired SOL defense - the courts WILL NOT affirm such a defense for the debtor.

""Per the Fair Debt Collection Practices Act, you can send them a 'cease communications' letter and that will be all that you need to do. Per this law they must cease collection activity.""

I'm going to split hairs here. The consumer debtor must affirm that they are NOT GOING TO PAY THE ALLEGED DEBT and demand the collector cease communication. This is per the FDCPA.

""John is right""

No. He is NOT right as I've pointed out.

Bud Says Consumer Comments Below

""One of PRA's favorite tricks is to use the IRS to collect for them.""

""Secondly, his taxes are hit when the IRS waves this 1099C in his face. They are effectively collecting for PRA at this point, since PRA took the loss (100%) of something they paid only pennies on the dollar for.""

If this truly comes from his website, Mr. Hibbs should CHANGE this. The IRS does not collect for any creditor/debt collector. When imputed income is reported via 1099, the additional income tax owed for the imputed income is a FRACTION of the debt forgiven.

""Third, the consumer has to face the debt again when the junk debt buyer comes after him anew.""

It is illegal for ANYONE to attempt an absolved debt. A 1099 memorializes the fact that the debt is ABSOLVED (forgiven) and any consumer who receives one should save if FOREVER. Further, it is illegal for anyone to SELL a debt that DOES NOT EXIST (a forgiven debt is ABSOLVED-does not exist) and the debtor may successfully SUE anyone who SELLS an absolved debt (FCRA violation.)

""Hopefully, the IRS will catch onto this scam.""

They are. It is a FELONY to deliberately file a false or incorrect 1099. The IRS may pursue legal action, but more importantly, the CONSUMER may successfully SUE the entity that sold the absolved debt.

Hope this help you Anna.


PRA is a publicly traded company, so one would think they wouldn't be able to get away with this type of financial accounting for very long without some preying eyes.
Respond to this report!
What's this?

#3 Consumer Suggestion

Incorrect information

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

If this debt was originally created in NJ, then the SOL is 6 years and this is a time barred debt. IF the debt was originally created in another State, then Anna should check the SOL for the state inwhich the debt was created.

John is incorrect about SOL.

""You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...""

Absolutely FALSE. 13 states have an SOL for consumer debt of 10 years or longer. Some have an SOL of 8 years.

""This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.""

Depends on the State inwhich the debt is owed. Minnesota has "pocket service" in that a debt collector/creditor can levy bank accounts WITHOUT a court order. Minnesota residents must be very deligent in monitoring their credit situations.

""however, once the statute of limitations is up...they've lost the power to successfully take legal action.""

Incorrect. Minnesota has "pocket service." Further, many JDBs will SUE in the hopes that the debtor IGNORES the summons, and then they win a default judgment. An expired SOL is an affirmative defense against a time barred debt lawsuit, BUT the debtor must respond to the courts and AFFIRM an expired SOL defense - the courts WILL NOT affirm such a defense for the debtor.

""Per the Fair Debt Collection Practices Act, you can send them a 'cease communications' letter and that will be all that you need to do. Per this law they must cease collection activity.""

I'm going to split hairs here. The consumer debtor must affirm that they are NOT GOING TO PAY THE ALLEGED DEBT and demand the collector cease communication. This is per the FDCPA.

""John is right""

No. He is NOT right as I've pointed out.

Bud Says Consumer Comments Below

""One of PRA's favorite tricks is to use the IRS to collect for them.""

""Secondly, his taxes are hit when the IRS waves this 1099C in his face. They are effectively collecting for PRA at this point, since PRA took the loss (100%) of something they paid only pennies on the dollar for.""

If this truly comes from his website, Mr. Hibbs should CHANGE this. The IRS does not collect for any creditor/debt collector. When imputed income is reported via 1099, the additional income tax owed for the imputed income is a FRACTION of the debt forgiven.

""Third, the consumer has to face the debt again when the junk debt buyer comes after him anew.""

It is illegal for ANYONE to attempt an absolved debt. A 1099 memorializes the fact that the debt is ABSOLVED (forgiven) and any consumer who receives one should save if FOREVER. Further, it is illegal for anyone to SELL a debt that DOES NOT EXIST (a forgiven debt is ABSOLVED-does not exist) and the debtor may successfully SUE anyone who SELLS an absolved debt (FCRA violation.)

""Hopefully, the IRS will catch onto this scam.""

They are. It is a FELONY to deliberately file a false or incorrect 1099. The IRS may pursue legal action, but more importantly, the CONSUMER may successfully SUE the entity that sold the absolved debt.

Hope this help you Anna.


PRA is a publicly traded company, so one would think they wouldn't be able to get away with this type of financial accounting for very long without some preying eyes.
Respond to this report!
What's this?

#4 Consumer Suggestion

Incorrect information

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

If this debt was originally created in NJ, then the SOL is 6 years and this is a time barred debt. IF the debt was originally created in another State, then Anna should check the SOL for the state inwhich the debt was created.

John is incorrect about SOL.

""You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...""

Absolutely FALSE. 13 states have an SOL for consumer debt of 10 years or longer. Some have an SOL of 8 years.

""This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.""

Depends on the State inwhich the debt is owed. Minnesota has "pocket service" in that a debt collector/creditor can levy bank accounts WITHOUT a court order. Minnesota residents must be very deligent in monitoring their credit situations.

""however, once the statute of limitations is up...they've lost the power to successfully take legal action.""

Incorrect. Minnesota has "pocket service." Further, many JDBs will SUE in the hopes that the debtor IGNORES the summons, and then they win a default judgment. An expired SOL is an affirmative defense against a time barred debt lawsuit, BUT the debtor must respond to the courts and AFFIRM an expired SOL defense - the courts WILL NOT affirm such a defense for the debtor.

""Per the Fair Debt Collection Practices Act, you can send them a 'cease communications' letter and that will be all that you need to do. Per this law they must cease collection activity.""

I'm going to split hairs here. The consumer debtor must affirm that they are NOT GOING TO PAY THE ALLEGED DEBT and demand the collector cease communication. This is per the FDCPA.

""John is right""

No. He is NOT right as I've pointed out.

Bud Says Consumer Comments Below

""One of PRA's favorite tricks is to use the IRS to collect for them.""

""Secondly, his taxes are hit when the IRS waves this 1099C in his face. They are effectively collecting for PRA at this point, since PRA took the loss (100%) of something they paid only pennies on the dollar for.""

If this truly comes from his website, Mr. Hibbs should CHANGE this. The IRS does not collect for any creditor/debt collector. When imputed income is reported via 1099, the additional income tax owed for the imputed income is a FRACTION of the debt forgiven.

""Third, the consumer has to face the debt again when the junk debt buyer comes after him anew.""

It is illegal for ANYONE to attempt an absolved debt. A 1099 memorializes the fact that the debt is ABSOLVED (forgiven) and any consumer who receives one should save if FOREVER. Further, it is illegal for anyone to SELL a debt that DOES NOT EXIST (a forgiven debt is ABSOLVED-does not exist) and the debtor may successfully SUE anyone who SELLS an absolved debt (FCRA violation.)

""Hopefully, the IRS will catch onto this scam.""

They are. It is a FELONY to deliberately file a false or incorrect 1099. The IRS may pursue legal action, but more importantly, the CONSUMER may successfully SUE the entity that sold the absolved debt.

Hope this help you Anna.


PRA is a publicly traded company, so one would think they wouldn't be able to get away with this type of financial accounting for very long without some preying eyes.
Respond to this report!
What's this?

#5 Consumer Comment

RE:

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

You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.

Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt.

* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
=========================
If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
Respond to this report!
What's this?

#6 Consumer Comment

RE:

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

You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.

Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt.

* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
=========================
If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
Respond to this report!
What's this?

#7 Consumer Comment

RE:

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

You have nothing to worry about....don't waste one penny of your money on attorney, you don't need one. A debt from 1999 debt is outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying.

Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.

Send the collection agency a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt.

* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
=========================
If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.

Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
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What's this?
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