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Portfolio Recovery - Past SOL in Calif

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Anonymous
Not applicable

Portfolio Recovery - Past SOL in Calif

I received a call out of the blue today from Portfolio Recovery.  I have to admit the call made me angry as I am working hard to clean up my file and build better credit.  They claim I owe them for a MC.  I told them I was not aware of ever owning a master card, which is true.  However I could have back before my divorce in 08.  So my last payment would have been made in Summer of 2008 if I burned them.  SOL is 4 years in California, so the debt is nearly 9 years old!  OUT of SOL and completely off my credit reports.  So I told them, I don't recall ever having a master card, and if I did the SOL was well past over.  Do no call me again, and I hung up.  Furious they would even attempt to collect..

 

Of course the first thing I did was a search here, and I see Portfolio Recovery is terrible to work with.  So now they have my new contact information, I can assume they will be attempting to sue as they do so many.  Time to prepare, and thank you all who have shared your experiences with them before.  I guess it won't be a difficult defense since the SOL has long run out.

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: Portfolio Recovery - Past SOL in Calif

 

If the debt collector acquired the debt after Jan 1, 2014, then you can send an enhanced debt validation request under the California Fair Debt Buyers Practices Act. 

Under that act, you may request records showing the following: (1) that [name of debt buyer] has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor’s or debt buyer’s records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request a copy of the contract or other document evidencing your agreement to the debt.

 

Message 2 of 3
Anonymous
Not applicable

Re: Portfolio Recovery - Past SOL in Calif

Good to know. Thank you.
Message 3 of 3
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