topic Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report in Rebuilding Your Credit

Portfolio Recovery calling about 7+ year old debts that have fallen off my report

sre2094 — Fri, 16 Jul 2021 22:05:24 GMT

I have 4 old credit debts that Portfolio Recovery is now trying to collect 7+ years later after not hearing from them since 2014. These debts are old and have now fallen off of my report. I have read online that in the state of Kentucky the satue of limitations is 5 years. What are my options to deal with this? This was due to a huge job loss in 2013 and I fought to not sink under but I imagine I should have done a few things different. I have worked hard to get things straight and still am. I just do not see why they have started calling after never hearing anything from them for years, especially after 7+ years and it is no longer reported.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

dragontears — Fri, 16 Jul 2021 22:29:52 GMT

@sre2094 wrote:
I have 4 old credit debts that Portfolio Recovery is now trying to collect 7+ years later after not hearing from them since 2014. These debts are old and have now fallen off of my report. I have read online that in the state of Kentucky the satue of limitations is 5 years. What are my options to deal with this? This was due to a huge job loss in 2013 and I fought to not sink under but I imagine I should have done a few things different. I have worked hard to get things straight and still am. I just do not see why they have started calling after never hearing anything from them for years, especially after 7+ years and it is no longer reported.

They can continue to try to collect forever.

As the SOL is past they can't sue you or "force" you to pay.

Your choice is to ignore them or pay them.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

barca — Fri, 16 Jul 2021 22:30:17 GMT

I don't know why you are worried.

The statute of limitation on credit card in KY is 5 years.

Sleep like a baby at night.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

sre2094 — Fri, 16 Jul 2021 22:40:58 GMT

@dragontears wrote:
@sre2094 wrote:
I have 4 old credit debts that Portfolio Recovery is now trying to collect 7+ years later after not hearing from them since 2014. These debts are old and have now fallen off of my report. I have read online that in the state of Kentucky the satue of limitations is 5 years. What are my options to deal with this? This was due to a huge job loss in 2013 and I fought to not sink under but I imagine I should have done a few things different. I have worked hard to get things straight and still am. I just do not see why they have started calling after never hearing anything from them for years, especially after 7+ years and it is no longer reported.
They can continue to try to collect forever.
As the SOL is past they can't sue you or "force" you to pay.
Your choice is to ignore them or pay them.

@barca wrote:
I don't know why you are worried.
The statute of limitation on credit card in KY is 5 years.

Sleep like a baby at night.

Thank you for the help.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

gdale6 — Fri, 16 Jul 2021 23:17:42 GMT

They send me notices on 18+ yr debts every one in a while, I trash them. You can settle for way less after they cant be reported and they are past SOL, up to you if you want to do so or not.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

mja1970 — Sat, 17 Jul 2021 02:19:01 GMT

I wouldn't even give them the time of day. They are well outside the SOL, so they can't sue you or report the debt to the credit bureaus. I would trash their letters and ignore/block their calls. There is nothing they can do at this point aside from try to harass you into paying them. Back in 2017, they tried to get me to pay an old debt from 2007/2008. I knew the SOL was up, so I ignored them and they eventually gave up and went away.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

RobertEG — Sat, 17 Jul 2021 15:05:02 GMT

The FDCPA permits a consumer, at any time of their choosing, to send a cease communications notice to a debt collector, instructing them not to initiate futher calls of letters attempting to collect on a debt. See FDCPA 809(c).

Thus, there is something else you can do to end their calls and letters. Simply send a cease communications letter to them under the provisions of FDCPA 805(c), and it will thereafter be a violation of the FDCPA for them to contine to send letters or make calls.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

sre2094 — Sat, 17 Jul 2021 17:26:40 GMT

@RobertEG wrote:
The FDCPA permits a consumer, at any time of their choosing, to send a cease communications notice to a debt collector, instructing them not to initiate futher calls of letters attempting to collect on a debt. See FDCPA 809(c).

Thus, there is something else you can do to end their calls and letters. Simply send a cease communications letter to them under the provisions of FDCPA 805(c), and it will thereafter be a violation of the FDCPA for them to contine to send letters or make calls.

In this letter do I need to say that the SOL has ran out to collect or will that be admitting it is my debt and this clock start over?

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

Eldodroptop1 — Sat, 17 Jul 2021 18:15:37 GMT

No. If you have the collection letter all you need to do is nothing more than write I WILL NEVER PAY THIS!!! And send it back to them. That would qualify under the law believe it or not. A more formal Cease and Desist letter is of course preferred, sent via registered mail. Just search Collection Cease and Desist letter and you will come up with a common template that you can use. Remember, the C&D will not work for an original credit provider, but does work for that collection agency only. If they resell the paper to another collection agency you might have to do this again in the future. But honestly, it is no big deal.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

sre2094 — Sat, 17 Jul 2021 18:36:34 GMT

@Eldodroptop1 wrote:
No. If you have the collection letter all you need to do is nothing more than write I WILL NEVER PAY THIS!!! And send it back to them. That would qualify under the law believe it or not. A more formal Cease and Desist letter is of course preferred, sent via registered mail. Just search Collection Cease and Desist letter and you will come up with a common template that you can use. Remember, the C&D will not work for an original credit provider, but does work for that collection agency only. If they resell the paper to another collection agency you might have to do this again in the future. But honestly, it is no big deal.

Thank you so much.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

RobertEG — Sun, 18 Jul 2021 05:44:40 GMT

A cease communication letter under FDCPA 809(c) does not require any statement of reason for your request, and does not establih any admission to the debt.

The request may simply state:

"This is a request under the provisions of FDCPA 809(c) that you cease all communications with me regarding the alleged debt."

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

bass_playr — Sun, 18 Jul 2021 04:07:01 GMT

I don't recommend simply saying, "I won't ever pay this"....because it does not explicitly tell them that you want them to cease communications--and that's what the law allows. I'd simply tell them that this serves as notice that they are to cease all communication with you regarding this matter, and leave it at that.

Re: Portfolio Recovery calling about 7+ year old debts that have fallen off my report

sre2094 — Sun, 18 Jul 2021 12:16:00 GMT

@bass_playr wrote:
I don't recommend simply saying, "I won't ever pay this"....because it does not explicitly tell them that you want them to cease communications--and that's what the law allows. I'd simply tell them that this serves as notice that they are to cease all communication with you regarding this matter, and leave it at that.

I do not have kind of letter from them thus far, all I have is they have called my employer mulitple times and a corporate cell phone I have that does not even have my name attched to it. It blows my mind how they even got that number. I really appreciate all of the help fom you all.