Portfolio Recoveries - Goodman Jewlers DOFD 4/98

[Anonymous]

I have received two phone calls from Portfolio Recoveries - once on my cell phone and once on my landline - regarding an old Goodman Jewlers charge card from 1998. Both times I told them to mail me information and left it at that. On the second call, to my landline, she told me that they had mailed me something - to an address I haven't lived in for 8 years! She asked for my current address, and I hung up after telling her that I am not in the habit of giving out personal information to anyone calling me on the phone.

This is 6 years past SOL. What should I do next, if anything? (According to the caller, the amount due is only $211).

Thanks!

[bakebean]

I received a phone call from the same company today, stating I have an outstanding balance since 1999. The caller asked for personal information from me as well.  If anyone has any advice on this matter please reply.

TKX,

bakebean

[RobertEG]

If it is both outside SOL, and also beyond 7 1/2 from the DOFD on the OC account, they cannot post to your CR or prevail in any legal action.

What you should do is very simple.  Just tell them formally to cease communication with you.  Just sent them the following letter:

"This is written notice under FDCPA 805(c) that you are to immeditely cease all communication with me regarding this alleged debt.  That inclludes any written, telephonic, electronic, or any other means of communication."

Say nothing more than that.  Dont debate anything.  Dont mention SOL, DOFD, or credit reporting. Dont DV them.  What they choose to do  is their problem, not yours, until such time as they might foolishly choose to either initiate any legal action outside of SOL,  or try to report to your CR, which would require a phony DOFD before the CRA could incude any reportng they might make.

Mail the cease communication letter, and then forget them..

[Travis-84]

Edited because the above poster beat me to it, and phrased it better than me.

[MarineVietVet]

Unfortunately though you will have to talk to them long enough to get an address to send a C&D letter to. Unless you can get their address another way.

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[RobertEG]

Agreed.  Dont divilge to them anything other than you are the named consumer that they are attemptiing to contact.  Dont hesittate to acknlwlege that, for it kicks in a whole lot of FDCPA protection on your part thereafter. 
 If,prior to their call, you were  unable to get their address, and they call again, look at that call as a blessing for you.  Just tell them that you have been trying to communicate with them in writing, and dont have their mailing address.  Dont discuss anything else.  If they refuse to provide you a current mailing address, then just read to them the suggested C&D language in my prior post, and tell them that you consider this oral notice to be legally binding under FDCPA 805(c).

If they balk at this, then just remind them that their contact information was requried to have been provided to you within 5-days of their intitial call to you as part of a formal, written collection (dunning) notice  under FDCPA 809(a), and their failure to comply with FDCPA 809(a) leaves you no option other than to notify them of your cessation of communications notice orally That should shut them up.

[GordonShumway]

marinevietvet wrote:

Unfortunately though you will have to talk to them long enough to get an address to send a C&D letter to. Unless you can get their address another way.

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This is silly.

If they identify themselves as Portfolio Recoveries there is no need to continue the conversation in order to get thier mailing address , you can just google them.

[Anonymous]

This is not on my credit report and it is 6 years past SOL. But in doing a bit of research, I see that these junk debt buyers will file a judgment and have the paperwork sent to an old address. Therefore, I don't show up in court to point out that the SOL has expired and they win a summary judgment by default. Then I have to go back and have the judgment vacated.

I'm thinking what I need to do is DV them first and keep a good record of everything! Others have sued them for their practices and won. I'm not the suing type, but I also don't like being played for stupid.

Thanks for all the good advice all!