Portfolio Recovery Associates Tried to get my bank account information for a vague debt Norfolk Virginia

One of them finally left a voicemail yesterday for this man.  Weirdest thing, the woman says, "If you are not (John Doe), do not listen any further.  If you are (John Doe), this is Portfolio Recovery..." blah blah blah.  Do they seriously think people do not listen any further?  Eh well.  Knowing what I know about them, I am not going to let them know.  They can keep up their stupid goose chase and waste their time and resources.

Portfolio Recovery started these mystery calls some time back in March of this year. If it were legit, we would have seen something in the mail by this time. Yes, not only do I keep a close eye on my incoming mail, but I also actually enjoy the junk mail. I miss it, actually. Stupid recession. But I digress.

The calls, at first, were only occasional, perhaps once a week or every two weeks. Recently, they have increased the number of calls to one per day. Again, no voice mails.

However, we have been getting occasional voice mails from another company asking for another guy. When we first moved into this home and got this phone number about three years ago, we used to get a lot of calls for a woman who shares the same last name as this guy we are getting calls for now. It is possible that Portfolio Recovery is trying to contact this guy.

If it is from automated dialing, it would make sense then as to why they would continue to call even though our answering machine clearly states another name. At least I have a heads-up on still yet another junk debt aka renegade debt collections company.

Portfolio Recovery started these mystery calls some time back in March of this year. If it were legit, we would have seen something in the mail by this time. Yes, not only do I keep a close eye on my incoming mail, but I also actually enjoy the junk mail. I miss it, actually. Stupid recession. But I digress.

The calls, at first, were only occasional, perhaps once a week or every two weeks. Recently, they have increased the number of calls to one per day. Again, no voice mails.

However, we have been getting occasional voice mails from another company asking for another guy. When we first moved into this home and got this phone number about three years ago, we used to get a lot of calls for a woman who shares the same last name as this guy we are getting calls for now. It is possible that Portfolio Recovery is trying to contact this guy.

If it is from automated dialing, it would make sense then as to why they would continue to call even though our answering machine clearly states another name. At least I have a heads-up on still yet another junk debt aka renegade debt collections company.

Portfolio Recovery started these mystery calls some time back in March of this year. If it were legit, we would have seen something in the mail by this time. Yes, not only do I keep a close eye on my incoming mail, but I also actually enjoy the junk mail. I miss it, actually. Stupid recession. But I digress.

The calls, at first, were only occasional, perhaps once a week or every two weeks. Recently, they have increased the number of calls to one per day. Again, no voice mails.

However, we have been getting occasional voice mails from another company asking for another guy. When we first moved into this home and got this phone number about three years ago, we used to get a lot of calls for a woman who shares the same last name as this guy we are getting calls for now. It is possible that Portfolio Recovery is trying to contact this guy.

If it is from automated dialing, it would make sense then as to why they would continue to call even though our answering machine clearly states another name. At least I have a heads-up on still yet another junk debt aka renegade debt collections company.

It sounds like Portfolio is calling your number through an automated dialing system which is very common now with 3rd party agencies. First off, if they have an "alleged account" of your hubby's, they should of sent you an initial communication letter within 5 days from the day they started calling your #. That is required under the FDCPA. Are you sure you didn't mistaken one of their prior letters as junk mail and toss it out?

You have two options IMO.

1) Let sleeping dogs lie by ignoring their calls and staying off the phone since nothing has been credit reported and you have no idea what they are calling about.

2) Call Portfolio and find out why they are calling your # . If they determine your hubby has an alleged account in their database, always say ALLEGED ACCOUNT in all verbal or written communication with Portfolio. Then do the following:

#1) DO NOT ADMIT to it or admit to having any knowledge of the account.
#2) Tell them verbatim "Under the FDCPA, your agency is required to send me an initial written notice of communication within 5 days. Please mail it for my review." Then IMMEDIATELY HANG UP. Do not admit a thing or verify any personal info.
#3) Upon getting their initial communication letter.
A) If it is legit and within statute of limitations, send them the debt validation request letter I formatted for you.
B) If it is not your hubby's account or if it's beyond the statute of limitations, send them the cease communications letter I formatted for you.

Lastly, if in the future, an agency attempts to sue you on some debt that is beyond your states statute of limitations, all you need to do is list "Time Barred Statute of Limitations in State of Florida" as an Affirmative defense is your answer to a summons. Hope that never happens but that is an FYI. Any AD's must be listed immediately after your answer on the same form when responding to a summons. Any debt that is beyond the SOL will be dismissed with prejudice if you use it as an AD if you know exactly when it was last paid. Google "Florida Statute of Limitations on debt" and it should give you your info on that.

Since Portfolio Recovery has not actually left any voicemails, nor have they sent any snail mail, I'll have to wait and see what they try. I'll wait and see if they send us any specific amounts and/or account information. I still suspect they are trying to collect some zombie debt or they have the wrong person, because I checked my husband's credit report last night and nothing is showing up that would warrant their calling. It might be me this time, for all I know. We will see.

My husband has been getting correspondense from two other institutions for at least two years, however. I know for a fact that these other two are not legitimate debts. In one case, I know it is far above and beyond the statute of limitations. Otherwise, he would not have been able to get his driver's license due to this alleged citation Linebarger has from the FHP. He did have another "fly in the ointment" from 2003 in a neighboring town and paid that one, but this other one from Linebarger is just pure hooey. In the other case, nothing is showing up on his credit report even though they have contacted him a few times via mail and phone over the past two years. If it were real, I think at least one of the credit bureaus would have this information by now.

Thanks for warning me about the signature. I had some letters printed out, following the example from the web site by Bud Hibbs. I was going to ask my husband to sign them before I went to the Post Office but I won't do that now.

There are two types of "drop dead" letters that can be used to your advantage. However, one of them is NEVER to be used when you KNOW you owe the debt and are just trying to avoid the agency communication.

First scenario. You know you owe the debt but you want the agency to prove they have the info to procede with collections. Many 3rd party agencies don't bother debt validating and the account simply goes back to the creditor once they get your request. Unfortunately if you don't request debt validation WITHIN 30 days from the date on the agency's initial communication letter, the agency doesn't have to debt validate and you are out of luck. If your hubby's account has been with the agency for over 30 days, you are too late and your best bet is to change your phone number if the calls bother you. Better yet, buy a prepaid cell (prepaid cells are noncontractual and can't be traced)and stop applying for credit. That way , the agency will not see any updated inquiries on your credit report with your new contact info. If they know where your hubby works, he only has to verbally say "Do not call my job again. That is my right under the Fair Debt Collection Practices Act." If the agency calls again, you can sue them for violations of the FDCPA. Calls to POE's are prohibited once the collector knows the debtor can't receive them.

When sending debt validation request letters, always send certified mail return receipt requested to agency's physical address. An agency CANNOT under section 809 of the FDCPA attempt to collect or sue a debtor until they successfully validate. This will buy you time worst case scenario. Best case scenario, the agency either doesn't have the info or they don't bother with the trouble of validating and they close and return your account to the creditor. Then, months or even years later, you may get another initial communication letter from a new agency. Just send the following debt validation letter each and every time below. DO NOT sign your name either.

------------------

To: ABC Agency
From: Joe Debtor
Date: x/x/2009
File # _________

I am disputing the validity of your claim regarding the alleged ABC Credit Card for x amount of dollars. I trust that this request for vaidation will be honored in full compliance with the FDCPA (Section 809).

------------------

That's it. Short and sweet. Do not make demands that aren't required like you see on other websites asking for info not required under Section 809 of the FDCPA.

SECOND LETTER Cease communications request Letter. Always send CMRRR as well to agency's physical address.

WORD OF CAUTION: This letter WILL NOT absolve you of the debt if you genuinely owe. I always tell debtors that if you know the debt is legitmate and is not beyond your states Statute of Limitations, your next communication might be a court summons. Understand when you send a cease communication letter if you legitimately owe and it's within the states statute of limitations, you leave the creditor no choice but to sue you if they see you are forcing the agency assigned through the creditor to stop communication. ONLY USE the Cease Communications request letter if.

1) The debt is beyond your states statute of limitations.
2) If you are not the correct debtor and you KNOW you do not owe it.

Sample Cease Communications Letter:

_____________________

To ABC Agency
From Joe debtor
Date x/x/2009
File # _______

This is my formal request under the FDCPA to your company to cease all communications both verbally and in writing in regards the alleged ABC Credit Card in question.

________________________

Fdcpaviolationswinner:

I recall hearing about "renegade debt collectors" about two years ago on the Clark Howard radio show and he told the listeners about ye olde "drop dead" letter you can send them via certified mail with return post card. My question is, what if you are past the thirty days? Can they still harass people after they tell them to stop if they are after the thirty days?

My husband has been getting silly calls from a few of them and the most recent is this Portfolio Recovery. I saw the number on the caller ID with an "Unknown Name" but did not answer it and they leave no voice mail. I called it back later and I got this automated switchboard message that ID's themselves as Portfolio Recovery.

My husband used to be a "wild child" (very 60's hippie and all) but he never had any bad debts, just some old expunged speeding tickets from the 1970's. When we looked at our credit reports, nothing shows up on his except for the usual things we expect to see and no bad debts. No debts at all, in fact.

I am happy to see others contributing posts and fighting back against scumbags like this agency. What I want to share through my personal experience is whether an agency or law firm will sue you.

I've been sued 3 times and have forced all 3 places to withdraw their claims due to my answers to complaint/summons, affirmative defenses and discovery (production of documents, interrogatories, requests for admissions).

The big thing with any agency or law firm is whether they are located in the same state you reside in. Almost all 3rd party agencies that have attorneys that sue debtors are only licensed to practice law in the state their business is in. Therefore, since this agency is headquartered in Virginia and if you live outside Virginia, they will 99% likely not sue you. If PRA's inhouse attorney's aren't licensed to practice law in your local jurisdiction outside Virginia, they won't sue you. Not surprisingly, the 3 law firms who sued me were all in the state of New York that I reside in.

So in closing, always debt validate these chumps certified mail return receipt requested within the 30 day period from the time you receive their initial communication letter. Secondly, stay off the phone. Thirdly, save all voicemails that violate the FDCPA.You have up to 365 days from date of infraction to sue (statute of limitations to sue agency for FDCPA violations). I have shaken down many compliance directors of agencies to cut me an out of court settlement check with one phone call in which I let them listen to messages on my cellphone. Most FDCPA violating voice mails contain violations that can be found on the FDCPA website involve sections 805-811. Recite the specific violation section with PMA's compliance director. Unfortunately we can only sue for $1000 plus attorney fees and damages in civil court. I remind compliance directors that although I can sue for $1000 civilly, I will forget about this incident for $500. Compliance directors are willing to cut me a check and they likely consider themselves lucky. They don't have to deal with me and I save them legal exposure and expenses. In turn, you supplement your income with $500 without missing work to appear in court or pay the agency a red cent.

After having been a victim of Identity theft, it's easy to see why so many people are willing to take these jokers to court or at least refuse them any information unless they play by the rules.

They also contacted me after trying to pin this debt on my father, who has the same first and last name. I have 4 different collection agencies/law firms trying to collect debt charged off, and not mine to begin with, from 7 or more years ago.

When a firm requests information, don't give it to them. Regardless of whether it's really yours or not. Any information recieved will be used to collect the debt, even if it means that they use that information illegally. Suggesting that hey might attach that information to the file and say it was there all the time.

Portfolio Recovery Associates is being sued by my attorney. I have sent ALL documents recieved from them as well as e-mails between them and myself. It's my word against theirs when it comes to the harassing phone calls and illegal comments made by their representatives.

Keep a diary of all communications with them. Don't be afriad to research your legal rights regardless of whether this is your debt or not. Regardless of whether you are paying or not. Regrdless of the Statutes Of Limitations.

Lots of people who post about this company, giving out advice, are correct in what they say but you should become educated before acting.

This company won't ever "get shut down", though they should be monitored VERY closely by the appropriate Federal authorities. Keep on taking them to court as they have a bad reputation and cannot defend themselves from the illegal activities some of their employees undertake.

They keep calling my moms house for a number for me. I declared Chapter 13 bankruptcy which shows on my credit report. Also, I have sent them letters with proof of bankruptcy regarding debbt and creditors have also been notified and updated by my attorney. I am seriously thinking about about a law suit since they have obviously broken every law in the book especially discussing the debt with my mom and dad. I sent them a letter from my current address and not one letter from them at all. Telling them that under the Fair Debt Collection Act they need to contact me no longer regarding the debt but now they have come up with the idea of contacting relatives. Totally illegal. I am contacting my bankruptcy attorney in the morning and if nothing else filing a claim against against them in Small Claims Court along with creditor. I thought we had lasws against this but anyway have also filed a claim with the I filed a report with the FTC listing my parents number they have called and their phone company verified the number of times they have been contacted. Got a confirmation code. This company is bucking the law and needs to be fined. RPM Collectors was doing the same thing and a report was filed on them too. Shady. My home address is in Georgia and has been for 18 years.

What ever you do refuse to give them your bank imformation. These agencies cannot be trusted . I would stop talking to them

"...refused to provide evidence that such debt was owed." Send them a letter by certified mail that you want proof of debt.

I want to direct you to some recent posts I have contributed to. They are lengthy but they will give you everything you need to know from debt validation (beginning of 3rd party communication) , entraping an agency into FDCPA violations, and to defending a creditor lawsuit when it comes to collection agencies and law firms suing you.Here's my background while keeping my anonymity. I hold a bachelors degree so I'm not some uneducated poster. I had immaculate credit for over 15 years. I have since had trashed credit the past 3 years. I have been employed in the past as a 3rd party bill collector (successful and got 4 figured bonus checks). I have been on the other end of the phone and successfully shook down agencies for out of court settlements. I have successfully forced 2 junk debt buyers and one original creditor to withdraw their lawsuits against me through my effective answers to a court summons, affirmative defenses and discovery demands. To make a long story short. I've been on both sides of the fence for two decades. Whatever questions you have, I want to use this forum as a chance for me to answer to the best of my ability. I'm not an attorney and any advice I give is free, not legal, and you use at your own peril. A lot of the posters here offer little help. Although I have butted heads with him at times, a poster by the name of Robert in Buffalo/Irvine offers solid advice. Lastly I have saved myself thousands as a pro se plaintiff (shaking down agencies for FDCPA violations) and as a pro se defendant (forcing 3 creditors to withdraw lawsuits). I'm trying to do the same for other readers here. IMO, most consumer attorneys merely give you the same advice as a plaintiff or defendant. The difference is they charge $200/$300 per hour. Consumer help sites I recommend are the FDCPA website through the FTC and debtorboards.com. Bud Hibbs is good for referring you to a consumer attorney in the NACA but I personally would recommend educating yourself to avoid paying an attorney to do what you can do pro se by educating yourself online for free.

Go to search company feature here of ripoff and type in LHR. I have contributed under my same handle to LHR reports on how to beat them and force them into out of court settlements the past few months. Also, I just contributed advice on how to answer a court summons a week ago on Frederick Hanna. The report was updated a week ago. I will periodically stop back here to see if you have any questions. You are early in the collection process which means you have time on your side. Time to bait and entrap them into Fdcpa violations to add much needed money to your income.Good luck and I will address any questions you have to the best of my ability.