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Valued Contributor
mxp114
Posts: 1,381
Registered: ‎09-01-2011
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Re: Portfolio Recovery-Capital one

Your account or not, the Statue of Limitations has long expired. Virginia (where CapitalOne is based) caps at three years to sue. They obviously didn't thus there's nothing you need to do. If they do sue you, just use that as your defense. Whatever you do, do not make any payments whatsoever or a promise to pay. DV not needed, you are way beyond that. I would send a C&D letter outling the SOL has expired and if sued, you will use that as your defense.

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fused
Posts: 16,373
Registered: ‎03-12-2007
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Re: Portfolio Recovery-Capital one

Moving this thread to the rebuilding forum.

Credit Profile -
FICO 08 Scores (11-08-2014): EQ 818, EX 817, TU 822
All three scores were 850. Lost points for not having an open installment TL. So, BE WARNED!!!!!
Credit History: 26+ years ~ AAoA: 12 years ~ Util: 1% ~ Inqs: EX 1

Established Contributor
laboi_22
Posts: 634
Registered: ‎07-07-2011
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Re: Portfolio Recovery-Capital one

I have had the same exact call this week on Monday. Same company stating that I opened a Capital One account and gave me the account number in 2001 made payments on it until 2002 and said that I owed a large balance. The address on their records was my father's current mailing address. I have never lived with him before. Not sure what this is all about. They gave me an email address to open a dispute. I currently have an active Cap 1 account in good standing. This is my first account with them ever in my life and it was opened in 2010. At the time of 2001 I didn't even know who Capital One was. The same company Portfolio Recovery contacted me. They called from a Alabama number. Very strange that this is happening to you as well. Nothing on my CR. I checked. Never had any chargeoffs. She also mentioned that this account might have been discharged in a bankruptcy. I have NEVER filed bankruptcy in my life. VERY VERY STRANGE!!

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Established Member
WallowinginVA
Posts: 16
Registered: ‎12-05-2008
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Re: Portfolio Recovery-Capital one

I was going to ask the same question because strangely enough, I have been contacted by Portfolio Recovery for a debt that from 2002 that has fallen off from my credit report and also from another company, for VZ Wireless also, in 2002 (also fell off credit report). I am trying to clean up my credit but afraid these 2 will show up again. Should I just ignore and not do anything?


Sorry to piggy back on the thread - but it's almost identical to the dates and I am now getting hits from other CA's.


Thanks!

Regular Contributor
toytoy
Posts: 157
Registered: ‎03-12-2010
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Re: Portfolio Recovery-Capital one

Ok this is weird indeed. Portfolio Recovery has always been unscrupulous but this is as if they are just calling people demanding payment for accounts that they never had. I know they better not call me again bc I know this is not my account and I am not one to take legal action but I will not hesitate to do so this time. 

 

I wonder where they are getting our information from.


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Regular Contributor
toytoy
Posts: 157
Registered: ‎03-12-2010
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Re: Portfolio Recovery-Capital one


WallowinginVA wrote:

I was going to ask the same question because strangely enough, I have been contacted by Portfolio Recovery for a debt that from 2002 that has fallen off from my credit report and also from another company, for VZ Wireless also, in 2002 (also fell off credit report). I am trying to clean up my credit but afraid these 2 will show up again. Should I just ignore and not do anything?


Sorry to piggy back on the thread - but it's almost identical to the dates and I am now getting hits from other CA's.


Thanks!


I am assuming you are in VA. It says 

The statute of limitations on debt in Virginia limits the time you can be sued for a debt:

oral contract: 3 years

written contract: 5 years

promissary note: 6 years

open ended accounts: 3 years

 

They cannot place it in on ur credit report bc that is considered re-aging and it is illegal. 

 


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Current Score: EQ 763~TU 706
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lessismore2014
Posts: 404
Registered: ‎06-11-2008
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Re: Portfolio Recovery-Capital one

I had the same thing happen to me. My cell is also my home phone so they called when I was at work. I missed the call so I called the number back to hear they are collecting for a capital one acct from 2002. I never in my life had a capital one not even when I had bad credit and not now that I have good credit. When the guy told me the date I was like, "Are you serious?". I told him that it wasn't my debt and he said they would keep calling. I googled until I found an email address to a head honcho and emailed him telling him the calls had better stop and that the account is from 2002 uncollectable & not mine. I haven't received another call. They are just trying to sucker someone into paying. Someone who don't know the laws of debt collection. Don't pay a dime.

Regular Contributor
toytoy
Posts: 157
Registered: ‎03-12-2010
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Re: Portfolio Recovery-Capital one


mnegron1969 wrote:

I had the same thing happen to me. My cell is also my home phone so they called when I was at work. I missed the call so I called the number back to hear they are collecting for a capital one acct from 2002. I never in my life had a capital one not even when I had bad credit and not now that I have good credit. When the guy told me the date I was like, "Are you serious?". I told him that it wasn't my debt and he said they would keep calling. I googled until I found an email address to a head honcho and emailed him telling him the calls had better stop and that the account is from 2002 uncollectable & not mine. I haven't received another call. They are just trying to sucker someone into paying. Someone who don't know the laws of debt collection. Don't pay a dime.


Yeah after I calmed down I realized I had gotten myself worked up for no reason. I think they just took me by surprise because I know I never had another capital one account except for the one I have open now and I had wasn't expecting the call bc I make sure to stay on top of my credit but if they call again they will not like my response. 


Starting Score: EQ 603~TU 613
Current Score: EQ 763~TU 706
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Established Member
WallowinginVA
Posts: 16
Registered: ‎12-05-2008
0

Re: Portfolio Recovery-Capital one

Thanks Toytoy! I really am trying to clean up my credit report - haha, speak of the devils, as I am writing this email, they are calling me!!

 

The only problem I have now on my credit report is from a credit card that I missed to pay by the due date, 2x, and that was back in 2009 and that is still pulling down my scores although, I have been current the last 3 years! GRRR!!

 

 

New Visitor
rybarn
Posts: 1
Registered: ‎03-14-2012
0

Re: Portfolio Recovery-Capital one

I received a collections letter from PRA on 1/20/12 for a Capital One Acct. There was no detailed information on the account so I researched what to do. Here is an account of all the things/events that has occurred so far:
 
1. Sent them a detailed Debt Validation (DV) letter which also included language requesting them to Cease and Desist (CD) in any telephone communications. Sent via Certified Mail on 1/31/12 (within 30 days of receipt). I received the certification of their receipt on 2/3/12
2. I received a missed call on my mobile from them from #205-453-1648 on 2/14. I took a screen shot of the date, time and phone number from my phone and emailed it to myself just as documentation. I didn’t do anything at this point thinking they had closed their efforts.
3. On 3/1/12 I received their “Verification” letter detailing the information and with account details showing account opened in 2000 but no date on last activity.  In pulling my old credit reports the charge off by capital one was also in 2000 meaning the account, from the date of the last activity, is past statute of limitation (4yrs for CA) and past credit reporting timeframe, in essense a zombie debt. Their verification letter was not a true validation as it does not contain actual agreements and paperok but from what I learned it is their stock letter. Since I knew this was an account past statute of limitation I sent a dispute letter. The letter stated I dispute the validity of the debt to be pursued in court and to save us both time and not to pursue any further action. And because they sent this letter I realized that the telephone call that they made to my cell was a direct violation of FDCPA laws since they had in their possession my CD letter at the time of the call. So I reported complaints of their activity to CA State Attorney General, the Federal Trade Commission and Better Business Bureau stating all the facts. I included this information in the letter and sent it off certified on 3/5/12 (within 30 days)
4. On 3/14/12 I received the following response to my BBB case:
RECEIVE BUSINESS RESPONSE : Thank you for bringing this matter to the attention of our office. Portfolio
Recovery Associates has concluded its investigation of the consumer's complaint, closed the account ending in 1485 and determined to refrain from further collection communications with the consumer in regard to the account.
 
What I learned is that if PRA calls you or sends you a letter immediately send a DV letter that includes CD telephone communication. Then if they continue to call after receipt of that CD then they are in direct violation of FDCPA laws, make sure to log and screenshot/record calls, and I would report to all 3 agencies of the activity. Then once they respond with their verification letter, should the debt be old, send a Statute of Limitation letter requesting to cease further activity. Do not say in any letter or call that you are willing to work with them or acknowledging the validity of the debt if it is outside the Statute of Limitations. If you do and they have it on record it could possibly restart the statute of limitations and credit reporting timeline.  What I learned is that debt can always be collected as it is debt, however whether it is valid or worth their time to pursue legal action or not is another story and the practices to collect that debt is very clear by the FDCPA.
 
Now if their BBB response is correct this case should be closed and no more communicationbut I wont hold my breath that it will not happen again and/or they will do their usual 1099c reporting which will be another round of communication.
This situation is specific to zombie debts, or debts outside of the Statute of Limitation and not debts that are current or truly valid. hope that helps.

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