• Report: #795015

Complaint Review: Portfolio Recovery

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  • Submitted: Fri, November 04, 2011
  • Updated: Fri, November 04, 2011

  • Reported By: TNMom — Nashville Tennessee United States of America
Portfolio Recovery
120 Corporate Boulevard Norfolk, Virginia United States of America

Portfolio Recovery Not disclosing self, doing fake surveys with freebies to get info! Owe $12k to them Norfolk, Virginia

*Consumer Comment: Creative but...

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I got a call from Pots Phone MB 1-204-949-3108   The guy claimed to be doing a survey for magazines and you got a free magazine. Asked for address. I dumbly gave it to them. They also asked first for female between 18-30  and I said not here right now them asked 35-60 and I said I was. They asked age and I told them 36. I would guess they are going to serve to go to court? or would they be sending a 1099 or whatever the form is? I owe three companies a total of 12K. They are all about 6 years old. (In TN do you compute when last payment paid?) 

Also, I've moved to CA since got credit card so would it be CA statute or TN where I got in first place? No sleep tonight! Is it fraud for them to have lied? also asking age? I'm on SSI due to bad health problems but do own a  house and also am on my grandparents house to help them with stuff. Plus they did a house in my name for son as in a trust in a will. I thought about calling the snakes back to tell them I will be in CA on November 14  when they said they would be delivering the magazine by first courier then mail. (I reasked as I'd reversed number when got to computer thinking oh crap!) Then they claim will call on November 15 to ask questions about it at a certain time.. thanks for any help!

This report was posted on Ripoff Report on 11/04/2011 03:51 AM and is a permanent record located here: http://www.ripoffreport.com/r/Portfolio-Recovery/Norfolk-Virginia-23502/Portfolio-Recovery-Not-disclosing-self-doing-fake-surveys-with-freebies-to-get-info-Owe-795015. 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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#1 Consumer Comment

Creative but...

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

If what you are saying is true then they may have violated the Fair Debt Collection Practices Act(FDCPA).  A collection agency is not allowed to use deception in attempting to collect a debt
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807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
...
...
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

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If this was to be served with a suit it is not technically an attempt to collect a debt, so they may be skirting the law on this one.  But it may be worth filing a suit against them.  You can sue them for any actual damages and up to $1000 in Statutory Damages.  You can do this in Small Claims fairly easy.  Unfortunately you would probably have to be at that the location arranged to be able to try and prove that they were using deception.  The other thing is that if this is a valid suit, it won't go away and probably to your advantage to accept the summons and give yourself a chance to defend yourself in court.

Now as for your debts, it would be odd if they have ideas of suing you for all 3 debts unless all 3 were with the same creditor.  More likely they have been assigned one of the debts.

As to which State the Statute of Limitations apply for, obviously the CA SOL would be to your advantage, but you should talk to a lawyer as to your specifics to help you determine which one would apply.

If the suit is valid and you happen to loose, your SSI income would be exempt.  So if you have other income it would be advisable to not "mix" the income in the same bank account(probably not even the same bank).  Then the bank with the SSI funds you should be able to notify the bank that they are SSI funds in order to keep them from being attached.  However, they may be able to place a lien on your property.  But again this is something you should consult a lawyer on who an give you specifics to your exact situation.
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