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Can we talk about Portfolio Recovery and their Notice of Appearance filings?

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Can we talk about Portfolio Recovery and their Notice of Appearance filings?

I finally registered with Pacer and logged in to take a look at my case.  There appears to be a request filed yesterday by PRA RECEIVABLES MANAGEMENT, LLC (Portfolio Recovery) who is acting as authorized agent for Synchrony Bank (specifically my Amazon card) and requesting service of all notices. 

 

I thought this was odd, so I started digging and found a letter (written in 2011) from PRA to the Secretary of Committee on Rules ofPractice and Procedure, Administrative Office of United States Courts.  The letter was in reference to the Proposed Amendments to Bankruptcy Rule 3001.

 

In the 2nd paragraph of this letter (which is hosted on the court . gov website) reads as follows:

 

PRA, through its wholly-owned subsidiaries, Portfolio Recovery Associates, LLC and
PRA Receivables Management, LLC, is a leading purchaser and manager of portfolios of
defaulted and bankrupt consumer receivables. In connection therewith, PRA files thousands of
proofs of claim each year and thus has a keen interest in any proposed changes to this process. "

 

I kept digging in google and found that it isn't all that uncommon for them to file these requests for service of notices where Synchrony is the Creditor (Amazon, Lowes, etc).

 

If I am understanding this correctly, Portfolio must have some type of agreement with Synchrony to chase after their Debtors in BK and file claims on their behalf for payments resulting from any property sold?

 

I mean, this doesn't mean a lot to me since I have a no property case, but dang, could Portfolio be any more clever?  They scan the bankruptcy court feeds for Synchrony accounts and then file their request to be kept in the loop in case property is sold and then they file a claim for payment, splitting it with Synchrony, possibly?   It must be sort of like them buying old debt and then suiing the debtor in court, except that all of the work of getting the Debtor into court and getting payment, is all done for them.

 

And their timing Smiley Happy  My case was filed on the afternoon of 10/7, and Portfolio filed their request on the 8th!  I don't believe it's even reporting on my CRA reports yet and my volume of Creditor phone calls has not reduced one bit as of the 8 tonight, but Portfolio has already grabbed a plate and headed to the buffet! Smiley LOL

 

This letter that Portfolio wrote, was in response to the proposed Amendments to Bankruptcy Rule 3001.  As it stood, the rule rquired those filing claims to submit a copy of the written agreement/contract as proof when filing.  Portfolio suggested shifting the Burden of Proof on any claim objection, to the debtor.

 

I just thought this was interesting, and even though I have a no property case, I thought this might interest some of you, just in case no one knew that Synch and Portfolio were such big buddies.

 

I don't know what they would do if there is no property sold, but am fairly certain I know how this would turn out if I did have resources for the trustee to sell.

 

(I'm super tired and if there are typos, etc in this post, I promise to edit them tomorrow)



Currently in BK7 awaiting MOC
Message 1 of 6
5 REPLIES 5
Senior Contributor

Re: Can we talk about Portfolio Recovery and their Notice of Appearance filings?

If your a Chap 7 no assest case. There's nothing they can get from you. Any company can file any motions they want trying.to get something. But they'll lose. There will be a lot of activity on PACER from now until DC. No assests. No distribution. Good Luck!





My posts are JMHO. I DO NOT claim to be a FICO expert. Just sharing my experiences from rebuild to recovery after BK DC. My siggy is not to brag at all. Just to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 2 of 6
Frequent Contributor

Re: Can we talk about Portfolio Recovery and their Notice of Appearance filings?

"Portfolio suggested shifting the Burden of Proof on any claim objection, to the debtor."

 

Just FYI - Regardless of the creditor lobby, under the Rules, a Proof of Claim is and always has been valid on its face until an Objection is filed. Once a proper Objection is filed the burden is on the creditor to respond to the Objection.

 

As it relates to Portfolio, or any junk debt buyer, there is noting impermissible or conspiratorial about purchasing a debt at a discount and then hoping there will be some distribution inside or outside of bankruptcy. This happens all the time.

 

Des.

Message 3 of 6
Established Contributor

Re: Can we talk about Portfolio Recovery and their Notice of Appearance filings?


@despritfreya wrote:

"Portfolio suggested shifting the Burden of Proof on any claim objection, to the debtor."

 

Just FYI - Regardless of the creditor lobby, under the Rules, a Proof of Claim is and always has been valid on its face until an Objection is filed. Once a proper Objection is filed the burden is on the creditor to respond to the Objection.

True, but was just pointing out Portfolio's game plan in true fashion.  They never want to have to show anything written because the junk debt they usually skim off the bottom of the pond, usually doesn't come with any real proof, so if they could get this burden shifted to the debtor, they would def be sitting pretty.

 

As it relates to Portfolio, or any junk debt buyer, there is noting impermissible or conspiratorial about purchasing a debt at a discount and then hoping there will be some distribution inside or outside of bankruptcy. This happens all the time.

 

I realize this also, but I don't believe they have purchased my debt from Amazon that has just recently hit 30 days due, not when I have never been late even once in all the years I've had their cards (on any of them, which is another thing.. I have 3 cards with Synchrony, and the Amazon has the lowest amount of debt (by far) on it. You would think they would go for the gusto (Lowes)).

 

Des.


Anyway, I just thought it was interesting and furture-wise, may be helpful to someone, and by this, I mean a couple of things come to mind:

1) By Portfolio filing in this case as an Authorized Agent of Syncrhony Bank, they've also acknowledged that they're aware I am under a stay of protection, yet I continue to receive calls and emails about my Sync cards being past due and the wording about it being an attempt to collect a debt.  I realize it's only been 4 days and probably has not (although it should have) gone down the proper channels to stop, but it's important to remember that Synchrony Bank's representative has always been aware if these communications continue another week or so.  (I have hearing impairment and can not answer and tell them I've filed).

2) There is an old debt, about 10 years past SOL that Portfolio purchased at some point and they still hound me with calls and letters (even though the letters state they can not sue me), so I included Portfolio in this bankruptcy just to get them off my back about it.  I am still getting calls that I believe are them because I can google the numbers and many people report (in the past month) that they answerd the number and it was PRA.  These calls also have been since PRA filed in my case.

 

Do you see where I'm going with this?  I'm saying that the infomation could be beneficial in suing if a person has had PRA file in their case, which acknowledges that they are def aware of your stay of protection, but in one way or another, continue to try and collect.

 

Hope that makes sense. Smiley Happy

*edited to highlight my point of all this*



Currently in BK7 awaiting MOC
Message 4 of 6
Contributor

Re: Can we talk about Portfolio Recovery and their Notice of Appearance filings?

If you're still receiving calls well after the stay was put in place notify your attorney - your attorney can go after them and THEY have to pay your attorney fees and pay you $$$$ on top of it Smiley Happy nothing feels better than turning the tables on these guys 

 

Message 5 of 6
Established Contributor

Re: Can we talk about Portfolio Recovery and their Notice of Appearance filings?


@Lurker22 wrote:

If you're still receiving calls well after the stay was put in place notify your attorney - your attorney can go after them and THEY have to pay your attorney fees and pay you $$$$ on top of it Smiley Happy nothing feels better than turning the tables on these guys 

 


heh, yeah. That was actually my point, but not in my original post at the top, rather in my last reply above.  I went back and highlighted it Smiley Wink and I'm keeping phone records/emails/text, just in case.  It's kind of funny that some of these creditors have updated the accounts to zero and IIB on one or two of the bureaus, but left it as is on at least one bureau and are still trying to contact me.  I am giving them the benefit of doubt that it's still trickling down in their system because I have worked in AR/Collections and know that they know they can't collect on an account that is in a Stay of Protection.



Currently in BK7 awaiting MOC
Message 6 of 6
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