Portfolio DV response

[upinflagstaff]

I sent a DV letter to Portfolio Recovery Associates since they left a message on my answering machine (they used to leave one at least once or twice a week on there). I used one of the longer letters that I found on here that asked for full media validation, proof that the company was licensed, proof that of the SOL, etc.

Their reply, "Account Number(account number) and its proceeds were sold, assigned and transferred by the Seller to Portfolio Recovery Associates, LLC on 06/30/2005. At the time of the sale, the Seller provided an electronic file of its business records concerning this account. According to the Seller's records, there was due and payable from (my name) to the seller in the sum of $xx.xx with respect to the account, as of 06/30/2005, there being no known un-credited payments, just counterclaims, or offsets against this account at the date of its sale."

They did not acknowledge the request for DOFD instead choosing to use the date purchased as the date to report to me. These guys have been long gone from my CR, the SOL has run and so has CRTP, I just wanted them to stop the danged automated calls. I'm not sure if that has happened yet, but I haven't noticed any calls from them lately.

Is that enough to satisfy FDCPA and is there anything I need to do other than watch my CRs?

[fused]

If you receive anymore calls, write Portfolio a nasty cease & desist letter, commonly referred to as a FOAD letter (use your imagination).

[upinflagstaff]

Also, since I wrote the above from work, they have

Account holder's Name Provided By Seller: (my name)
Account holder's last 4 digits of SSN: (last four)
Data Account opened provided by seller: N/A
Current Outstanding Balance: $(xx.xx)

I'm curious how FDCPA 809(b) applies. Reading "...the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt colletor shall cease collection of the debt, or any disputed portion therof, until the debt collector obtains verification of the debt (which seems lacking above, but I'm no lawyer) or any copy of a judgment, or the name and address of the original creditor..."
So would merely asking for the name and address of the original creditor stop the collection process?
This particular CA claims to have purchased the account from another CA, "NCO Portfolio Management Inc."
This would have been easier if I dealt with them "way back when"

[fused]

Since this is past SOL and CRTPs, they have no leg to stand.

[IrishPM]

I can give you some of my experience with these bottom feeders.

First of all, if the SOL has come and gone, write them a cease and desist letter (I did and it was not a very kind letter and I left profanity out of it) and send it to them pronto via US Mail, certified return receipt. You can also email it to them at help@portfoliorecovery.com...

I would also contact the Greater Hamptons Road office of the Better Business Bureau (I did and they were extremely helpful) and fill out their online complaint form. Keep it short and sweet with just the facts and the BBB will give them 10 days to respond and/or resolve.

The fact of the matter is that Portfolio Recovery Associates will NOT respond to you right away.

I however, persisted to the point (it took me 8 months) where I not only got them to quit calling, they DELETED their trade line from all 3 credit reports. The debt validation letters work. The cease and desist contact letters work. The PFD (payment for deletion) letters work.

You just have to be persistent and don't take 'no' for an answer from these creeps.

[Anonymous]

Um, was it legal for them to ramble all of that private information into your vm/answering machine?

Message Edited by UpUpUp on 08-28-2008 10:32 AM

[upinflagstaff]

I can't even find the account they supposedly have, it's that long ago. These guys aren't currently reporting but they were leaving messages on my home phone. I think they left one final message on my machine about a day after they received my letter (checked the delivery on usps.com) but they only half validated as far as I'm concerned. I've had some other JDBs removed from my CRs in the last couple of years even before spending most of my waking hours reading up on here. At one point I was canning the letters, but now I'm going to hit 'em back instead. I have one medical that I'm working on through pre-HIPAA, one outdated account that keeps coming back "verified" that I just sent a DV to a few days back and one paid $13.00 charge from a video store that I sent a GW letter on last week.

I'm kind of at the point where I'm not sure that it's worth my time to send letters to JDBs and zombie debt buyers but I don't have anything to lose. They are all out of SOL and CRTP. Being able to sleep in a little on Sundays without a CA calling might just be worth it.

[upinflagstaff]

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@Anonymous wrote:

Um, was it legal for them to ramble all of that private information into your vm/answering machine?

Message Edited by UpUpUp on 08-28-2008 10:32 AM

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Legal? Don't know. Basically all they said was, "This call is from Portfolio Recovery Associates in an attempt to collect a debt, any information obtained will be used for that purpose. (corporate address)" I can't find the passage at the moment, but this is probably an interpretation of the 5 day notice as it applies to oral communication.

[SanFranMatt]

So they're not reporting; The issue is that you don't want them to call you? If that's the case, send them a brief letter indicating that you insist all communication is in writing and no phone calls are allowed. Make sure to send it registered mail with a return receipt. If they call after receiving the letter, you can sue them for a thousand bucks.

[upinflagstaff]

i don't want them to call AND I don't want them to even think about adding this old account back onto my reports. So far so good on all sides with this.

Message Edited by upinflagstaff on 08-28-2008 04:26 PM