Portfolio Recovery Constant calls every night and I'm NOT the right person. Norfolk Virginia

"*What you want to do is set the stage to sue them for FDCPA violations. I advise that you include in your letter to them a statement to the effect that any further attempts to telephone you will be considered deliberate acts of harassment and the appropriate criminal complaints will be filed with appropriate law enforcement agencies."

I couldn't have said it better myself. In these cases, the best thing you can do for consumers as a whole is to set them up for an FDCPA violation.

If they put this on your credit report, you then also have causes of action under the FCRA and possibly state libel laws.

The monetary penalties that these laws allow for are there to prevent this kind of harassment. If nobody takes advantage of them, then these laws are useless.

You certainly should send them a certified, return receipt requested letter clearly stating that you DISPUTE this debt (it's not yours.) You should also demand validation, because this will require them to provide you with contact information for the CREDITOR (who owns the debt.) I would tell them the date that you moved into this address and the date that the phone company assigned the phone number to you. That should be sufficient.

Now, to some other matters for you:

""Under FEDERAL LAW [FDCPA] you can send a CEASE COMMUNICATIONS request to them and they MUST cease all contact with you at that point, effective on the date they recieve your certified letter.""

*Incorrect. They may still contact you, per the FDCPA to inform you of any of the following:
- that they will no longer contact you.
- the results of your request for validation.
- inform you of what further action they intend to take, such as to sue you
civilly for the debt.

""Then, make it very clear that you are NOT the person they are looking for, and that any further contact WILL result in a civil lawsuit for your damages under the provisions of the FDCPA.""

*What you want to do is set the stage to sue them for FDCPA violations. I advise that you include in your letter to them a statement to the effect that any further attempts to telephone you will be considered deliberate acts of harassment and the appropriate criminal complaints will be filed with appropriate law enforcement agencies.

""DO NOT sign the letter, just print your full name.""

*RUBBISH! SIGN your letter to them. An unsigned letter has no bearing whatsoever with them, law enforcement or the courts.. It's not from you or anyone else. SIGN YOUR LETTER to them.

""Also take a copy of your completed letter and fax numerous copies to every fax number they have. I suggest at least 150 copies per night right after they close, so you will run out their paper and toner, and fill their memory. Thay way they cannot say they didn't get it!""

*DO NOT DO THIS! There are laws against abusing FAX as well as telephony harassment! If you do this, you may be prosecuted - it's unlikely they would seek it, but it could happen. It's not your debt, remember Connie? The purpose here is to get them to realise it's not your debt and to leave you alone. The PURPOSE is NOT to "retaliate" and expose YOURSELF to criminal penalty and civil liability. Sending these types of fax messages, for the purpose to harasss and "run their machine out of paper" could find you on the wrong (and expensive) end of a lawsuit or criminal prosecution. Do not take the low road - stick to the high ground Connie and you'll be fine.

*Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm

*Read the Fair Credit Reporting Act at
ftc.gov/os/statutes/fcradoc.pdf

Good Luck.

It is my absolute pleasure to help anyone kill a collection agency.

Most of these people need to get a real job, but that is usually hard with the GED they got at 22 and the crack habit and a few warrants. That is the profile of a debt collector. They are morons at best.

Sounds like fun, I'll see what I can do. I appreciate the advice.

Connie

Connie,

Under FEDERAL LAW [FDCPA] you can send a CEASE COMMUNICATIONS request to them and they MUST cease all contact with you at that point, effective on the date they recieve your certified letter.

Make the letter short and sweet. Identify the number they are calling and DEMAND under the provisions of the FDCPA that they cease calling immediately.

Then, make it very clear that you are NOT the person they are looking for, and that any further contact WILL result in a civil lawsuit for your damages under the provisions of the FDCPA.

DO NOT sign the letter, just print your full name.

Send this letter by CERTIFIED MAIL, RETURN RECIEPT REQUESTED. Be sure to put the certified# on the letter itself and keep a copy for your records, before mailing.

Also take a copy of your completed letter and fax numerous copies to every fax number they have. I suggest at least 150 copies per night right after they close, so you will run out their paper and toner, and fill their memory. Thay way they cannot say they didn't get it!

Have fun with these morons!

Don't get mad, GET PAID!!

Here is the contact info on them>>

Agency Details
Portfolio Recovery Associates, LLC
Aka/Anchor Receivables Management
Corporate Headquarters
120 Corporate Blvd., Norfolk VA 23502,
Mailing address: PO Box 12914 Norfolk VA 23541
Phone: (800) 772-1413 800-654-8818 or 757-519-9300
Fax: (757) 321 2504 or 866-296-0635

Offices:
4829 Hwy 45 North
Jackson, TN 38305

New Market Mall
5200 West Mercury Blvd
Hampton, VA 23666

500 West 1st Avenue
Hutchinson, KS 67501

NasdaqNM:PRAA
(Holding @+/- $43.50)

Head Debt Collectors:
Steve Fredrickson, CEO
Email: sfredrickson@portfoliorecovery.com
Andrew Holmes, President
Email: aholmes@portfoliorecovery.com
Craig Grube, Sr., VP
Email: cgrube@portfoliorecover.com
Donald A. Williams, Associate General Counsel
Email: dwilliams@portfoliorecovery.com

Web Address: www.portfoliorecovery.com