Professional Recovery Consultants, Inc. Fraudlent debt collection. I do not owe debt to Bank of America N.A. or any credit or debit card company. Durham, North Carolina

Thanks for putting part of the FDCPA on the site, makes for easy referral. I was attempting not to be too technical in my first email, but since want to go there, ok. We are well versed in the FDCPA and follow it completely as we did with this case and as we attempt to do in every case. Our "first" communication with the Debtor is almost always by letter (which is our intial contact), therefore the clock starts when the letter is received. We don't make calls during this validation period to give the debtor an opportunity to dispute or request validation, this is standard procedure. We received neither a validation or dispute. REGARDLESS, if we are ever contacted by this person, if he disputes the account, we will mark it as such and if he requests validation, we will attempt to provide, even though we aren't obligated to do so at this point. If we can't get validation, we would choose to close the account, regardless of when it occurs in the cycle because we error on the safe side. Not all agencies are bad, you just have to communicate with us. Communication doesn't mean logging onto websites and slandering our company name, it means CALLING us to explain the situation, ask questions or request the information you need.

Mr. Robert, we have violated nothing in regards to validation of the debt, but thanks for the input. Nothing I said originally was false, just need to clarify when the 30 days started, but we would be happy to work with this person, should they choose to do so. We have been members of ACA international for many years and are one of the few agencies that have acheived certification through the ACA. We take pride in acting professionally, I would suggest you all do the same.

GM

Sorry, I meant to state that the 30 day period DOES NOT begin when the creditor hires the debt collector to attempt to collect the debt. Somehow I deleted the word NOT when I was formatting my comments.

when the boss (alleged GM) doesn't seem to know the law either!

""The process is really pretty simple. Request validation as you are entitled to by law within 30 days of the account being placed with us.""

RUBBISH! This is NOT what the FDCPA states! The 30 day period does BEGIN when the creditor hires you folks to collect the debt. The "30 day period" begins at the initial contact (IF you notify the debtor of his/her right to dispute or request validation) or after receipt of the mailed letter that informs the debtor of these rights.

Also, you should know that ANY debt collector who leaves a voice mail message does so at its peril. There is a "catch 22" in the FDCPA. If you don't identify yourself and the purpose of the telephone call you risk an FDCPA violation. If you identify yourself and the purpose (to attempt to collect a debt) you risk a violation for 3rd party disclosure. This is an issue that the ACA addressed (because of court rulings in favor of the debtors) to the FTC last year (written request for opinion) and the FTC let it stand as it is-leave messages at your peril.

Here is the section of the FDCPA:

809. Validation of debts
(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt,
a debt collector shall, unless the following information is
contained in the initial communication or the consumer has
paid the debt, send the consumer a written notice containing
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the
debt, or any portion thereof, the debt will be assumed
to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector
in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, the debt collector
will obtain verification of the debt or a copy of
a judgment against the consumer and a copy of such
verification or judgment will be mailed to the consumer
by the debt collector; and
(5) a statement that, upon the consumer's written request
within the thirty-day period, the debt collector will
provide the consumer with the name and address of the
original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the
debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt collector shall cease collection of the debt,
or any disputed portion thereof, until the debt collector
obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt
collector. Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer's right to dispute the debt or
request the name and address of the original creditor.
(c) The failure of a consumer to dispute the validity of a debt
under this section may not be construed by any court as an
admission of liability by the consumer.
(d) A communication in the form of a formal pleading in a
civil action shall not be treated as an initial communication
for purposes of subsection (a).
(e) The sending or delivery of any form or notice which
does not relate to the collection of a debt and is expressly
required by the Internal Revenue Code of 1986, title V of
Gramm-Leach-Bliley Act, or any provision of Federal or
State law relating to notice of data security breach or privacy,
or any regulation prescribed under any such provision
of law, shall not be treated as an initial communication in
connection with debt collection for purposes of this section.

FOR THE RECORD: PRC has made 5 phone calls on this account, only leaving messages, we have never spoken to this debtor. I don't appreciate the slander that has occurred on this website. We have sent 1 letter as you stated.

For what it is worth, all of our calls are recorded anyway and would have to be submitted in court should it be necessary, which is why we follow the law to begin with. What you say in your email is completely untrue in regards to PRC. You may have been referring to another collection agency and you need to make that clear in your future postings. Your phone calls with the other agency are irrelevant to your listing with PRC and our interaction with you.

The process is really pretty simple. Request validation as you are entitled to by law within 30 days of the account being placed with us. If it is past 30 days, we are not required to provide it to you (however our agency chooses to attempt to provide validation anyway as a standard practice, even though we are not required to do so after 30 days). You can send us a cease and desist letter in writing and we will cease communication with you and let our Client know your intentions. You can write us or verbally tell us you dispute this debt and we will notate the account as such. If this account is not yours, anybody attempting to collect it will need proof of your claim, I would suggest you obtain proof or contact the originally creditor because we may close the account and send it back but then the debt purchaser may send it to another agency, which we have no control of since we don't own the debt. Proof that you don't owe it is your best solution unless you want to continue to submit cease and desist letters to every agency that gets your account.

We are still waiting on your communication with us so we may assist you. I would recommend that you discontinue your negative attacks that you associate with our firm and deal with this issue in a professional manner, as we will continue to protect our interests. You should post your negative attacks to the agency that is actually responsible.

Step One:

Send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.

Do not sign your signature on this letter...

Step Two:

Next time they call, read the following statement:

Pursuant to Kentucky state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to Kentucky state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.

www.budhibbs.com

What you are dealing with is called Zombie debt - when one collection agency cannot collect - they sell it to another one and on and on.


They are required to Validate the debt and when they tell you they do not have to they are lying. Do everything in writing and never agree to anything on the phone.

They will get nasty - when they know its an invalid debt - they get really nasty.
Learn your rights and be ready to talk those rights back to them. They are hoping you will just cave in.

www.budhibbs.com

What you are dealing with is called Zombie debt - when one collection agency cannot collect - they sell it to another one and on and on.


They are required to Validate the debt and when they tell you they do not have to they are lying. Do everything in writing and never agree to anything on the phone.

They will get nasty - when they know its an invalid debt - they get really nasty.
Learn your rights and be ready to talk those rights back to them. They are hoping you will just cave in.

www.budhibbs.com

What you are dealing with is called Zombie debt - when one collection agency cannot collect - they sell it to another one and on and on.


They are required to Validate the debt and when they tell you they do not have to they are lying. Do everything in writing and never agree to anything on the phone.

They will get nasty - when they know its an invalid debt - they get really nasty.
Learn your rights and be ready to talk those rights back to them. They are hoping you will just cave in.

www.budhibbs.com

What you are dealing with is called Zombie debt - when one collection agency cannot collect - they sell it to another one and on and on.


They are required to Validate the debt and when they tell you they do not have to they are lying. Do everything in writing and never agree to anything on the phone.

They will get nasty - when they know its an invalid debt - they get really nasty.
Learn your rights and be ready to talk those rights back to them. They are hoping you will just cave in.

Dear Sir,

I understand you may be confused as to the nature of this debt. I can assure you that our agency acts in a professional manner. If you want to discuss this further, email me directly at gmiller@prorecoveryinc.com and I can investigate this complaint. I am the President of the agency. I don't appreciate your negative listing on this website, without filing a complaint with our office to have our management review your account. If you filed a complaint with management and they had responded to your complaint in an unsatisfactory manner, then I would understand. If you are correct, we will discipline our collector. If you are incorrect, I will make sure that I respond accordingly on this website again to protect our interests.

We attempt to conduct ourselves in a professional compliant manner. While we are not perfect, we attempt to investigate ALL complaints. I take this very seriously. Please attempt to clear this confusion with our management or myself before slandering our company on the internet.

Thanks for your understanding. I will await your email.

These "collection agencies" are worst than the clap
Send them a letter requesting validation of this so called "debt" Certified Mail and make sure you check the box asking for returned receipt with signature
Make copies of these items
If they do not respond then send them a Cease Communications letter via Certified Mail with returned receipt with signature - also make copies
Been there done that - spend 5 days in court suing one of these "debt collectors" and won
Just don't fret fight back!