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Help! Portfolio Recovery zombie debt collection attempt

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Miscellamy
Contributor

Help! Portfolio Recovery zombie debt collection attempt

For all the more-experienced posters: is this the way to handle this? 

 

Got a call last week from PRA informing me that I owe upwards of $1K on an old Cap1 account and wanting to know how I'd like to resolve it. I, of course, said that I did not acknowledge the debt and demanded verification. I just got the letter. It includes my name, last 4 of SSN, the date of the opened account, and the balance "owed." 

 

I happen to know that this is beyond the SOL and the credit reporting period. DOFD was 5/2004, according to old credit reports. I currently live in DC, lived in NY at the time of account opening. And this fell off of my reports sometime in 2011. So I feel fairly confident telling them to piss on a spark plug, although I'd like to at least be polite about it. Here's the letter I drafted (and that I'll send CMRRR): 

 

Dear Sir or Madam:

 

            I am in receipt of your October 2, 2013 communication purporting to verify the above-referenced account.

 

            I do not acknowledge the validity of this or any other debt associated with the above-referenced account. Moreover, this alleged debt is time-barred under the relevant statute of limitations and beyond the credit reporting period.

 

            Accordingly, I must ask that you immediately cease all contact with regards to the above-referenced account in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692c.

 

 

Regards,

Miscellamy

 

Sound good? 

It can't be a coincidence that creditors I haven't heard from in eons are crawling out of the woodwork now that my report is clearing up, can it? 

 

(edited to fix typo) 

Message 1 of 12
11 REPLIES 11
guiness56
Epic Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt

It that is want you want, a C and D, that sounds fine.  However, they are likely to sell it to another and for each one you will need to do this.

Message 2 of 12
Miscellamy
Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt

Would you recommend a DV instead of C & D? 

 

It makes sense that they're likely to sell it again. My ultimate goal is just to have the fewest possible annoying CA contacts. 

Message 3 of 12
Miscellamy
Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt

Also (where are my manners): thank you! 

 

You always respond, usually pretty quickly. It's much appreciated!

Message 4 of 12
guiness56
Epic Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt

Lol.  I answer as quickly as I can.  Sometimes, like in the past few days, weather took out my internet. 

 

If you want to send a DV,  by all means you can.  When did the debt actually go delinquent?  You are absolutely sure it is beyond CRTP?

Message 5 of 12
MSpurple
Established Member

Re: Help! Portfolio Recovery zombie debt collection attempt

Your letter sounds great, but these people are so weird. They just called me today [while working] about a $400 debt from 2010. I'm thinking how in the hell did they get my number, because its fairly new. Last night I did a few disputes on my report, and on TU I had updated it to my new number, then lo and behold I get a call 1st thing this morning Smiley Frustrated I just started repairing my credit in September, and this debt has been floating around for some time now, so im guessing they like to feed off the upcomers. I wanted to send a PFD to the OC, not sure if it works if the debt is already sold. I asked them to send me something verifying this debt, why would I just hand you over my information on the phone. The man said they've been sending me letters but I haven't gotten a single notice. RED flag? Then the man did a pull on my CR for the 2nd time this month! I can already tell these people are scraping for anything. I'd definitely send the letter. even if you just pay $100, atleast then its off your back.

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Message 6 of 12
Miscellamy
Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt


@guiness56 wrote:

Lol.  I answer as quickly as I can.  Sometimes, like in the past few days, weather took out my internet. 

 

If you want to send a DV,  by all means you can.  When did the debt actually go delinquent?  You are absolutely sure it is beyond CRTP?


Yup. My credit repair attempts were, up until last month, entirely lame and ineffectual, but at least I have good records (in the form of old credit reports). Smiley Very Happy  This account originally went delinquent in May 2004 and was charged-off in November 2004. PRA bought the debt in July 2011 (aka just beyond the 7-yr mark) but I believe this is the first I've ever heard from them. 

Message 7 of 12
Miscellamy
Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt


@MSpurple wrote:

even if you just pay $100, atleast then its off your back.


Ack, be careful doing that unless it's part of a strategy (such as PFD). I learned that the hard way in years past. Paying anything can acknowledge the debt, possible reset the SOL, and have the opposite effect of getting them off your back. 

 

Unless I misunderstood you, in which case: sorry. 

Message 8 of 12
Shogun
Moderator Emeritus

Re: Help! Portfolio Recovery zombie debt collection attempt

It is a zombie debt according to what you've posted.  My personal opinion?  I would have paid something to get rid of the debt, had it been just about anyone but Portfolio.  Smiley Wink

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Message 9 of 12
madmann26
Valued Contributor

Re: Help! Portfolio Recovery zombie debt collection attempt


@Shogun wrote:

It is a zombie debt according to what you've posted.  My personal opinion?  I would have paid something to get rid of the debt, had it been just about anyone but Portfolio.  Smiley Wink


Hate much? Smiley Very Happy

 

What is the DOFD on your older credit report? If you're 100% certain that it's past CRTP, file a complaint with the CFPB and attach your relevant documentation.

 

Current FICO 9 Scores



Message 10 of 12
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