Portfolio Recovery Started Calling Again

[Anonymous]

Hello All,

    I have a question.   I had an alleged debt that Portfolio Recovery was trying to collect from me.  I sent debt validation letters and do-not-contact letters several years ago and since then, the collection has fallen off my credit reports.   Out of the blue a few months ago, Portfolio Recovery started calling me on my cell phone about collecting this debt.  (I had 2 calls within an hour this morning).  The first time they called several months ago, I informed them that they should have a DNC letter on file.   They stated they did not.

    A couple of questions:

1. Is there a time limit that a DNC letter is valid for?

2. I had disputed results through all 3 Credit Bureaus after the DNC was sent.  Would this cancel it?

3. If the DNC is still valid, and I have the certified mail info from the original letter, can I file a suit?

4. If I can file suit, how would I do that?  (Any good resources?)

Any help would be appreciated.

Thanks!

[llecs]

If you explicitly stated that no contact is to be made via phone, and they called, then they are in violation. You could sue, but you'd have to have proof like a pic of the caller ID, a recording of the call (if you state allows it), incoming calls record from your cell's provider, copy of the letter and the green card from the CMRRR to show proof they received it.

AFAIK, the time limit on a request to stop calling never expires.

A dispute is unrelated to a DNC request.

You could sue....if your debt is unpaid, then that may be an issue or may not. You could talk to a consumer attorney. You can also file yourself. Seems like the FDCPA limits the penalty. Your state may have their own laws on the subject.

[RobertEG]

Once a cease communication letter is sent under FDCPA 605(c), it applies to all communications, and has no  date of expiry.

You can always send another one to them, this time, CMRRR.

[Anonymous]

The nice thing here is I did send it CMRRR and all calls have been to my cell phone, so I have a written record of everything.   This hit is no longer on my credit report (as it has been well over 7 years) and there is no way i'm going to make a payment.  (My understanding is if I make a payment, it all starts over!)

Thanks for the replies.   I live in Texas, and I think i'm going to take some action on this.  CAs cannot be allowed to break the law!

[llecs]

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@Anonymous wrote:

The nice thing here is I did send it CMRRR and all calls have been to my cell phone, so I have a written record of everything.   This hit is no longer on my credit report (as it has been well over 7 years) and there is no way i'm going to make a payment.  (My understanding is if I make a payment, it all starts over!)

Thanks for the replies.   I live in Texas, and I think i'm going to take some action on this.  CAs cannot be allowed to break the law!

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A payment won't make it report any longer. A payment can restart SOL (the time frame they have to sue), but not every state allows SOL to restart based on a payment.