Portfolio Recovery calling

[Anonymous]

I had a credit card back in 2000 with a 500 credit limit, well long story short I could not pay at the time and it went to collections, well it finally came off my report and doesnt show up anywhere and now Portfolio recovery is now calling on this. Aren't I past the limitations for phone calls?

[Anonymous]

SOL is basically... they cannot sue you. Of course, you would need to be present at court to use SOL as defense. Although it may be pass SOL, does not mean that the debt does not belong to you. As well, Portfolio can still attempt to collect the legitimate debt. If you don't want phone calls, then you can just fire off a C&D letter.

[smallfry]

Don't talk to this pond scum on the phone. Ever.

[Anonymous]

Well I thought SOL was up but just as of recently started calling again and its been two years or so since they have mailed or called. I did't really answer any of the rude lady's questions and pretty much hung up on her. In the C&D letter do I just say stop or is there a sample letter here I can go from?

thanks for the help

[Anonymous]

Don't worry I didn't answer any questions and pretty much hung up on her while she was still talking rude.

[Anonymous]

You had credit back in 2000 but when did it go into default?  The DOFD is what you need to know.

CRTP is the time limit on reporting. Most baddies are past CRTP 7 - 7.5 years from DOFD.

Who was reporting to the CRAs the OC or a CA?.

What is your SOL?

If you are past SOL and CRTP then I would send the CA a *DOAD* letter.  CMRRR

[Anonymous]

Ok, these people aren't going away, this debt isn't showing on my report any longer but they still call twice a day. I have all the info at home about exactly when it defaulted. If this is gone over SOL will I be able to send a C&D letter for this to stop?

[WorkingHard56]

I can only speak for myself, but these people have been great to me. I've never had an argument with them and they were more then happy to switch payment dates around a few times when I had too.

I'm sure there are some horrible experiences out there, but I can only speak for myself.

[Anonymous]

I'm bringing this back to life, I sent a letter for DOAD letter to Portfoilio and they still call about 4 or 5 times a week. If I answer they DEMAND my ss# which I will not give them and continue to yell and say they are going to sue etc... Is there anything I can do to get them to stop calling?

[RobertEG]

Letter to them:

"This is formal notification under FDCPA 805(c) that I wish you to cease all communication with me, in any form or fashion, regarding any debt that you allege is owed.  Under FDCPA 805(d), this includes any communication with my family.

"I futher instruct you, under FDCPA 805(b), that you have no permission from me to contact any third party regarding any activities on your part, and that all such communications are to immediately cease.

"I further note that your prior calls have threatened legal action that you have not taken, for you know you cannot.  This a a prohibited action under FDCPA 807(5), unless you have clear and demonstrated intent to take such threatened action. Either take prompt legal action, or be in violation of FDCPA 807(5) for threatening legal action that is not forrthcoming, intended, and demonstrated.

"If you take any legal action, I will be represented in court, and since the statute of limitations on this debt has expired, any legal action you may choose to pursue will summarily be dismissed by the court based on my affirmative SOL defense.  The debt is beyond the state SOL. You knew that when you thereatened legal action.  But you persist. 

"I will no longer tolerate your harassing actions.  Comply with the FDCPA, or face my legal actions against you.

"I consider your actions as clear harassment and abuse, and am now considering subsequent legal action against you for violaqtions under FDCPA 806.
Sincerely.

Message Edited by RobertEG on 10-29-2009 12:04 AM

Message Edited by RobertEG on 10-29-2009 12:13 AM

Message Edited by RobertEG on 10-29-2009 12:21 AM