253-275-3734

Scam. Don't fall 4 it. A male recording called from this # stating he was from Niagara Portfolio & had 2 get in touch w/me immediately in regards 2 documentation in their office. 2 call them bk at 855-977-2166.

HERE WE GO AGAIN.....

Niagara Portfolio has called me every other day for weeks now, claiming in their recorded messages that they have sent me paperwork in the mail and that I've ignored it (I call B.S. on that - I've never received *anything* in the mail from this company), that they are "escalating this matter to my county", that they are "sending someone out to my home or workplace to serve papers", and that they are "filing charges against me in my county".  

Today's message said "we are 'outsourcing' this file to your county", and that they were calling for the 2nd time as a courtesy - and that someone would be serving me papers in the next 24 hours.  (They have called 3x in the past week, claiming to be serving papers in the next 24-48 hours - guess their process server is running behind, huh?)  Past messages have said they were "escalating this matter to your county" and they were "proceeding with action against you in your county". They're very fond of trying to scare you into thinking you're going to have the cops pounding down your door over this so-called "unpaid debt".  

This is going to be long, but it's worth a read and will help you understand what these people are doing.

First and foremost, DEMAND VALIDATION OF THE DEBT THEY CLAIM TO BE COLLECTING ON.  I can almost guarantee they won't provide it.  Why?  Because 9 times out of 10, this company is collecting on an uncollectible debt - one that is either out of the statute of limitations for collections (and therefore uncollectible), or one that has been paid off already and they are trying to dupe you into thinking you still owe on it.  They are counting on your ignorance of your own financial situation and of the law in order to get you to pay.  DON'T FALL FOR IT.  If you choose to call them back, demand written validation of the debt.  Tell them you are NOT acknowledging the debt, but that you want validation of it so that you can be sure it's a valid debt.  You can fully expect them to fight you on this - because they are usually not collecting on a valid debt.  So they won't validate it.  

Ever notice that in their phone calls, they don't even tell you what company they are collecting for?  There's another red flag.  According to the FDCPA, any legal and legitimate collector needs to follow this protocol:  1) They announce their company name and state that their phone call is an attempt to collect a debt and that any information obtained will be used for that purpose. Niagara Portfolio NEVER does this in their recorded calls.   2) They must NOT leave personal financial information on an answering machine if they are unable to verify they have reached the right person.  Niagara violates this all the time.  3) They may not make threats that they have no intention (or ability) to carry out. You cannot be arrested for defaulting on a debt - there are no debtors prisons anymore.  So their threats of having you arrested, charges filed, etc - all fake - designed to scare you into paying something you may not legally owe.

The only thing that could possibly happen is you could be taken to small claims court for a past due debt - but you would be served papers for that, and they would not be calling you in advance to tell you they were serving papers!  (Stop and think about it - if every process server called in advance to tell someone they were serving papers that they were on the way, no papers would ever get served!)  

Another red flag that this company is not legitimate: they spoof (STEAL) phone numbers from the phone book and use them to call you so they can get you to pick up the phone.  I have received calls from numbers that belong to average everyday people - they do not belong to Niagara Portfolio.  When I look them up online, they are not assigned to a company, but an individual, or they are untraceable cell phone numbers.  Sure, that's REAL legitimate.  This company may have a legal name, be licensed as a collector in NY state, etc - but that does not mean they are a legitimate, ethical company.  

Unless you *know* for certain that you owe the debt these people are trying to collect on, don't take their calls.  You can expect them to try calling your work and even your relatives - it's how they operate.  Just let everyone know you have a scammer dogging you and not to take their calls - and make sure they know not to give out any other phone numbers you have, or they'll be calling those, too.  If you owe a debt that this company is collecting on, contact the original creditor and tell them you want to settle the debt with them directly. You have the legal right to do so.  Otherwise, your best bet is to block this company from calling you if at all possible.  Eventually, they will stop.

I am not advocating the non-payment of legitimate debts - in fact, I encourage you to pay your debts off so you can live a better life.  However, what these people are doing is just flat-out wrong. They are scaring uneducated consumers into paying something they may not legally owe.  

Just got my 6th recorded message from this company.

I told the guy yesterday I knew it was a scam, I block so many numbers on my cell. They call from all different land lines and cell phones. I also told him where to shove his phone call. I usually never answer... but sometimes I like to give these idiots a hard time. lol

These people call our office daily-usually from different numbers-for a co-worker and they always say someone is coming to serve papers.  We're here every day until 5:00 and noone has come by with any papers!  Scammers!

They are now employing local people in our area to continue their scam. I got voice message from a young woman with a local phone number who did not identify herself or her company just that Niagra Portfolio had contacted them to process actions in my county courts.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

Here are some questions and answers about your rights under the Act.

What types of debts are covered?

The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?

No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

Debt collectors can contact you by phone, letter, email or text message to collect a debt, as long as they follow the rules and disclose that they are debt collectors. No matter how they communicate with you, it’s against the law for a debt collector to pretend to be someone else — like an attorney or government agency — or to harass, threaten or deceive you.

How can I stop a debt collector from contacting me?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:

Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?

Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?

If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?

Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
•use threats of violence or harm;
•publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
•use obscene or profane language; or
•repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
•falsely claim that they are attorneys or government representatives;
•falsely claim that you have committed a crime;
•falsely represent that they operate or work for a credit reporting company;
•misrepresent the amount you owe;
•indicate that papers they send you are legal forms if they aren’t; or
•indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
•you will be arrested if you don’t pay your debt;
•they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
•legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
•give false credit information about you to anyone, including a credit reporting company;
•send you anything that looks like an official document from a court or government agency if it isn’t; or
•use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
•try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
•deposit a post-dated check early;
•take or threaten to take your property unless it can be done legally; or
•contact you by postcard.

Can I control which debts my payments apply to?

Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?

If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?

Many federal benefits are exempt from garnishment, including:
•Social Security Benefits
•Supplemental Security Income (SSI) Benefits
•Veterans’ Benefits
•Civil Service and Federal Retirement and Disability Benefits
•Military Annuities and Survivors’ Benefits
•Federal Emergency Management Agency Federal Disaster Assistance

Federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?

If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information

To learn more about credit-related issues, visit MyMoney.gov, the U.S. government’s portal to financial education.

Tagged with: debt, debtor education

May 2015

Resolving Consumer Problems

same as above  this company calls from various phone numbers and I believe that it is a company who has overseas call centers fielding its calls to avoid federal prosecution under the RICO act as well as the fair debt collection act. I have posted information for all of you to know what your action regarding these calls are--- you do have legal remedies.

Seriously Cindi, while information is a good thing, replying to every post here is overkill!  It makes it appear spammy and really messy.    Not all posters come back to read nor are reply notifications sent out.  Please, tone it down in future. I've asked Admin to remove all the excess.

I agree with Holy Cow, this is overkill!
Assuming that you mean well but are either very naïve (or just plain stupid), here is some advice:
1) You do not need to cut and paste the contents of an entire web page.  Posting the URL so others can follow the link is sufficient.
2) Posting the same thing to all the other posters is spamming.  Posting multiple copies of the same posts to the same poster only makes it worse.  One post in response to the first poster is all that is needed.

I will add yet another request to the Admin, to have the number of your posts reduced, to the one that Holy Cow has already made.

Premier Portfolio called my unlisted home number from (253) 275-3734 and left a message for a person with the same first name as one of my daughters but the wrong last name, the male voice said that they had a bad check that she had written and that she needed to call them immediately to resolve the matter.

I called them from the same number they called (my line is recorded), and asked why they were calling me, I guess they were taken aback when I told them, truthfully, that I am a detective with the local police department and that I am not now nor have I ever been the person they were looking for nor is any member of my household that person.  The woman that I spoke to became really nervous when I told her that the message makes the allegation that a crime had been committed in my state and they had a legal duty to report it to law enforcement  She became really defensive and tried to claim that it is a generic recording and that they would remove my number from their system.

This is the second bill collector to call me and then back pedal when they find out I am a cop and not the person they are looking for.