• Report: #696525

Complaint Review: Portfolio Recovery

  • Submitted: Thu, February 17, 2011
  • Updated: Thu, March 17, 2011

  • Reported By: John — New Jersey USA
Portfolio Recovery
Internet United States of America

Portfolio Recovery debt collector Internet

*Consumer Comment: Shipdog, NO SUCH THING as "cease and desist" under FDCPA

*Consumer Suggestion: Portfolio Recovery

*Consumer Comment: True enough

*Consumer Comment: I see stacy Is being hounded by the evil collectors what pure joy she Is always slams people for not paying calling them deadbeats she Is a cruel heartless person

*Consumer Comment: Scumbag Debt Collector

*Consumer Comment: Scumbag Debt Collector

*Consumer Comment: Not always true Ramjet.

*Consumer Comment: I understand

*Consumer Comment: Ramjet, you are confusing the issues at hand

*Consumer Comment: Or

*Consumer Comment: Jim, that's the whole idea!! You want them to ignore it!

*Consumer Comment: FYI

*Consumer Comment: Send letter, wait, then sue them

*General Comment: Portfolio recovery

*Consumer Comment: The easiest thing to do is get a new, unlisted telephone number

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Portfolio Recovery is a debt collector in Norfolk ,VA.
they have been harrassing me for a long time a few years Now.
and they call early mornings and they call on weekends. they use to only call me on weekdays and i have been getting calls from unavalible numbers show up on my caller ID.
and they would leave messages and they would contact me at all times during the day.
i understand that i did noy pay a bill but it was charged off a long time ago and i dont like what they are doing. im not the only one that has to deal with stuff like that either. there are many sites online that has people complaining about numbers from this company and i hate it and the people like me have to deal with this kinda harrassment for what we did. and
every call is a reminder of what happend. i dont know what the company is like but you cant bother people like what they did to me and others.
i want the world to see what goes on and how illegal it is to bother people like that.
i also get letters from the same companys and i dont reply to them. i dont want to pay some thing that was not my fault. i was going thru a hard time in my life and i just tried to explain that to them but they dont care they just want their money i owe them. im not gonna give it to them.
i already cant have a loan in my name but this is wrong what they do to try to get old debt from me and others like me. some people claimed the company is a scam some say its real but how they go about what they do is truly wrong.

This report was posted on Ripoff Report on 02/17/2011 08:38 AM and is a permanent record located here: http://www.ripoffreport.com/r/Portfolio-Recovery/internet/Portfolio-Recovery-debt-collector-Internet-696525. 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

Shipdog, NO SUCH THING as "cease and desist" under FDCPA

AUTHOR: Steve - (USA)

Shipdog,

Proper terminology is ABSOLUTELY ESSENTIAL when dealing with legal matters and/or sending legal notices. Improper terminology in itself can cause you to lose the case when you go to court. Judges sometimes toss cases for this reason.

As per the EXACT wording of the FDCPA, it is CEASE COMMUNICATIONS request, NOT "cease and desist". Get it right if you are going to give advice.
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#2 Consumer Suggestion

Portfolio Recovery

AUTHOR: shipdog7 - (USA)

A Cease and Desist letter does work. Send it certified mail.
Choose Return Receipt service when you purchase Certified Mail option.
You can find a sample copy to use from an online search.
After being suggested by a lawyer online, I mailed the request to Portfolio.
They can call you one time after they receive it. And that is to acknowledge they did get it.
If they still harass you about the debt tell them you are filing a lawsuit.
Thats what I did when I spoke to an agent harassing me.
She told me she had the Cease and Desist letter right next to her.
But I was to still pay the debt in question from over 16 years ago.
I got a call from the lawyer yesterday.
They settled with Portfolio. They got $4250 in attorney fees.
Portfolio being the compassionate company they are (tongue in cheek), wrote off my 16 year debt.
Folks. They can't sue you over a 6 year old debt in Michigan.
What they are doing is legal.
They can intimate you for sure hoping you will get scared and pay something.
But they can't sue you or get a judgement against you.
They called me from at least 20 different numbers trying to get me to answer.
Do a Google search and you can find an attorney who will go after them.
There was no cost to me.
And the writing off of the debt was a joke. It was non-collectible to begin with.
I wrote the Michigan Attorney Generals Office and filed a complaint.
Got a letter back from them stating Portfolio would not bother me again.
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#3 Consumer Comment

True enough

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

I agree that if you don't owe anything and they come after you anyway, it would be beyond annoying. I have never had anything like that happen but just because I've never had a problem doesn't mean no one has.

However, I think anyone would agree that paying your bills on time sure decreases your chances of having to deal with them.
If it happens to me I'll be right here complaining too.
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#4 Consumer Comment

I see stacy Is being hounded by the evil collectors what pure joy she Is always slams people for not paying calling them deadbeats she Is a cruel heartless person

AUTHOR: Charles - (USA)

I see stacy Is being hounded by the evil collectors, what pure joy she Is always slams people for not paying calling them deadbeats she Is a cruel heartless person.  She & her friends,  robert,  steve,  ramjet,  truthsaver,  shouldn't judge or "Condem" people.
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#5 Consumer Comment

Scumbag Debt Collector

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

That is all these losers are.  They have been calling me since August and now call about everyday.  I am never home when they call - they never leave a message and have yet to send me a letter about this so called "debt".  I have kept all the Caller IDs and they call from about 4 different area codes and numbers.  I already have a cease communications letter with them with the receipt they signed for 5-6 years ago. My attorney is gonna eat them alive!

Funny - they buy these debts for pennies yet want you to pay hundreds if not thousands of dollars to them.  I sued one of these idiot collectors, won yet my Attorney nor I has seen a dime. That is the beauty of District Court - time to garnish wages, liens on bank accounts and property!

Good luck and fight back - these losers need to be taught a lesson and soon!
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#6 Consumer Comment

Scumbag Debt Collector

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

That is all these losers are.  They have been calling me since August and now call about everyday.  I am never home when they call - they never leave a message and have yet to send me a letter about this so called "debt".  I have kept all the Caller IDs and they call from about 4 different area codes and numbers.  I already have a cease communications letter with them with the receipt they signed for 5-6 years ago. My attorney is gonna eat them alive!

Funny - they buy these debts for pennies yet want you to pay hundreds if not thousands of dollars to them.  I sued one of these idiot collectors, won yet my Attorney nor I has seen a dime. That is the beauty of District Court - time to garnish wages, liens on bank accounts and property!

Good luck and fight back - these losers need to be taught a lesson and soon!
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#7 Consumer Comment

Not always true Ramjet.

AUTHOR: Robert - (USA)

I returned to the US (NY) in March of 1994.  Since that time I have had to deal with three different debt collectors for debts that were NOT MINE.

1.  Was for an $800 electric bill in the Syracuse area.  I had to get the help of the a State Police Fraud Investigator before the debt collector and creditor would admit that they had made a mistake.  The debtor had the same first and last name but different middle initial.

2.  Was for some pager service with SBC that was from 1993.  I had to write a letter to sherman acquisitions before their debt collector Vital Recovery Services would back off.  VRS refused to identify the creditor until I threatened legal action through the AG offices in N. C.

3.  Was for some back surgery performed at Kenmore Mercy Hospital in 1996.  I have never had back surgery and I have never had any surgery at this hospital.  The problem didn't get corrected until I went to KMH and refused to leave until someone figured out what was going on.  Seems someone mistyped a SSN when they entered it into their computerized billing.

IN all three of situations, the creditors and the debt collectors would not take my verbal assurances over the telephone that a mistake had been made and made numerous calls to my cell phone. 

FYI, the last time I had a delinquent account was back in 1979.  I obtained help from a gent with Consumer Credit Counselors of Sacramento and PAID ALL MY DEBTS.  I've been helping folks with credit issues ever since.

These situations can happen to anyone.

Since that time, I have testified TWICE in District Court, WNY Division, on behalf of debtors-each debt collector/creditor LOST.  In 7 additional cases I was was present at court to testify but in these 7 cases the debt collectors/creditors SETTLED with the debtors before trial.
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#8 Consumer Comment

I understand

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

I understand and agree that their tactics are reprehensible.  My point is that if you pay your bills you will never have to deal with them.
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#9 Consumer Comment

Ramjet, you are confusing the issues at hand

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

The issue here is ILLEGAL HARASSMENT.

The issue is NOT the collections of the debt.

Totally separate issues here. One has nothing to do with the other. Legally.

These are third party debt collectors and they are bound by the FDCPA which is federal law, and this conduct is strictly prohibited. Most likely, they are also in violation of state laws as well.

The original creditor had the legal right to sue for this debt. They CHOSE not to.
The collection agency most likely at some point had the legal right to sue for this debt and they CHOSE not to.

Why? Because these are bottomfeeders who obtain these old debts for pennies on the dollar and don't want to spend any money under the established legal process to get what is due them.

Instead, they CHOOSE to break the law and engage in CRIMINAL harassment.

That is the issue here. The only issue.
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#10 Consumer Comment

Or

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

Or on the other hand you could try just paying your bills - a radical concept .
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#11 Consumer Comment

Jim, that's the whole idea!! You want them to ignore it!

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

Jim,

The whole idea of taking the time and the 5 bucks to send that cease communications request is that you are making a bet they will ignore it,

It's like gambling, but pays better because its almost a sure thing.

Think about it. Where else can you make a return of $1000+ on just 5 bucks??
Not even in Vegas!

It's easy money and every "debtor" who is being harassed needs to do it and bankrupt these bottomfeeders.

After all, there is no need for anyone to be harassed. It is against the law.

Those creditors and debt collectors have the right to sue, and that's exactly what they need to do. Or they need to walk away from their money.

Hell, if I just wanted to silence a collector, that could be done in a much more entertaining way at 1150fps.
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#12 Consumer Comment

FYI

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

How old is this default..when did you last make a payment on this account?

Credit card debts become time barred after a certain # of years have passed. This is called the statute of limitations. This time period varies for each state. Google: statute of limitations by state
Then look under under "open" accounts for your state 

If the # of years since your last payment is greater than the time period listed for your state, then the debt is time barred. Example: Mary lives in California and defaulted on an AMEX card and last made a payment in Jan. of 2006.....5 years ago. The Statute of Limitations in Calif is 4 years, so this debt is outside the Statute of Limitations and is time barred. If her creditors took her to court they would loose, assuming she showed up and used the Statute of Limitations as a defense. Once this time period is up, creditors become legally powerless over you. All they can do is call and annoy you into paying. At this point you can send a Cease Communications letter and be done with them: http://www.budhibbs.com/cease_comm.htm
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#13 Consumer Comment

Send letter, wait, then sue them

AUTHOR: Robert - (USA)

After reading here all the tricks Collectors use, It does little good to send a "Cease Contact Certified, return receipt requested letter", they just ignore it.

That's great for the consumer.  If the debt collector ignores the letter and continues to call-SUE THEM IN DISTRICT COURT.

District court; it works d**n near every time it's tried.
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#14 General Comment

Portfolio recovery

AUTHOR: Joseph Brown - (USA)

A new phone number won't help. They'll have it and your cell number in a few days. Best thing to do is get caller I.D. and ignore them or anyone else who you don't know. Works for me and lots of other people.
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#15 Consumer Comment

The easiest thing to do is get a new, unlisted telephone number

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

After reading here all the tricks Collectors use, It does little good to send a "Cease Contact Certified, return receipt requested letter", they just ignore it.
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