7579613546

called about 8:30 a.m.  Left no message.

Called on 1-2 10  at 8:30 a..  No message left.  Believe it is Portfolio Recovery

These people keep calling me trying to collect a debt that has been paid off for over six years.  Harassment suits or class action suits may be the thins that stop them.  But who knows.  Idiots are idiots and are too stupid to be intimidated by legalities.

Alfalfa - Very useful and valid information.  Same problem here happening with relentless calls for a debt over 10 years old (not mine by the way).  I'm a bankruptcy paralegal and know my rights and you give good information on the Fair Debt Collection Practices Act.  We ignored the calls for about a year, but they became more and more frequent and generally right at the start of the call times and also at the end, esp. on weekends.  I finally answered and said the alleged debtor moved out months ago and to quit calling.  Finally... peace and quiet!

"YOU have to prove that this is not your debt"?

"She is going to have their 'law team' come after you"?

Rubbish.

She is DEAD wrong on both counts, and has violated multiple statutes of the FDCPA by making threats she knows are illegal and cannot follow through on as well as lying about YOUR right to dispute this alledged debt. The burden of proof as to whether or not you legitimately owe it lies with them and NOT you, and PRA CANNOT take legal action against you without first validating it!

Here's what you do:

First of all, STAY OFF THE PHONE! They have NO interest in "helping" you, and are trying to coerce you into paying a debt that you (more than likely) DO NOT OWE.

Second, file complaints with the FTC, the attorney general of Virginia as well as your state for the above violations.

Third, send them this letter VIA certified mail with return receipt requested DEMANDING validation of the alledged debt. Keep copies of everything you send. Per the FDCPA PRA has five days to respond. If they fail to respond to your request and continue calling or try to get a judgment against you after you have proof they received your letter, you can sue them for statuatory damages.

Today's Date

Your Name
Your Address

Portfolio Recovery Associates
PO Box 12914
Norfolk, VA 23541

VIA CERTIFIED MAIL

Dear {insert name of collector or company},

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state).

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
you cannot add interest or fees except those allowed by the original contract or state law.

You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA.

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Signature here
Your Printed Name

http://www.fair-debt-collection.com/Disputing ... ute-letter.html

PS--If they do NOT validate this debt, charge it off instead and send you a 1099-C at tax time, dispute it with the IRS immediately!

BTW, PRA's collector also violated FDCPA laws by not identifying her employer and that "this call is from a debt collector and any information obtained will be used for that purpose" (Mini-Miranda).

Add these to your list, when you file complaints with the FTC and respective AG's.

Zombie debt is a lucrative and illegal part of the debt-collection world that Clark Howard wants to warn you about. Scavenger collectors buy up expired debts that can be up to 30 years old for as little as 1 penny on the dollar. Then they unleash vicious collectors to try to collect, and frequently violate the Fair Debt Collection Practices Act in the process. They may be going after debts set aside in bankruptcy; stemming from ID theft; or that have passed the statute of limitations, which is typically 4 years on credit card debt. There is no legal way they can collect these debts, but that doesn't stop the scavengers from trying to intimidate you.

THIS IS NOT A DISCUSSION ABOUT WHETHER OR NOT YOU SHOULD PAY YOUR BILLS. THIS IS ABOUT WHAT YOUR RIGHTS ARE ON OLD DEBTS.

The scavengers are so good that they typically collect about 13 cents on every dollar. Many of them also engage in illegal activities by wrongfully putting old debts back on your credit report; harassing you over the phone; or secretly taking money out of your account. If you're being harassed by a zombie debt collector, send them a certified letter stating the debt is invalid and instructing them to stop contacting you. But beware that scavengers don't care if the debt is valid. They've declared war on your wallet and will use any tactics. Be tough and know your rights.

http://clarkhoward.com/liveweb/shownotes/2008/02/15/13229/

Thank you for all the great notes about these guys.  I noticed a few calls from them but, I have never picked up.  I will start a log and start to file complaints too.  Do they really feel we are that stupid?

I have been logging these calls since 8/09, though they started coming prior to that date. At one point, I actually spoke to someone & was on the verge of making payment arrangements when the collector became rude & argumentive; then hung up on me.  Since then, I don't answer the phone.  They usually call once in the morning; then once in the evening, never leaving a message.  As others have stated, the calls come from various numbers, mostly toll free. I consider these harrassing calls & hope some positive action can be taken to make these people discontinue these practices.

ive had 75 calls up to yesterday, for 4 weeks, from,   240- 374 -4511      757 961 3544,  757-961-3545,    757-961-,  757-961-3548. 877-803-0008, 760-804-2371,  i hav them all logged, day/date/an time, from virgina,  pennsylvania,  maryland, ohio,california,plus unknown,.they never leave a message, just using my min's, can they not be sued for wasteing my much needed min's, ooops another gob--shite coming in now,

To File complaints FDCPA/TCPA violations:
Your State Attorney General
Their State Attorney general
www.naag.org (you can find your state AG at this link).
https://www.ftccomplaintassistant.gov/#&panel1-1
http://www.consumerfinance.gov/complaint/
http://www.rcfp.org/reporters-recording-guide/state-state-guide
http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations
Also with the BBB and follow completely through with it.
http://www.consumer.ftc.gov/blog/haunted-phantom-debt
Seek a FDCPA/TCPA Attorney if need be.
***A company must be licensed in their state as well as the one they are trying to collect in if two different states are involved.

Some Tips:
*Keep all messages
*Take a picture of your Caller ID
*Keep any and all conversations recorded to your states recording laws, some require they be told, others do not. This can be transferred to a recording device.
*Keep a notebook handy for writing time,date, who you spoke with and what the conversation detailed.
*Check your SOL for your state as well.
*Attorneys need to be licensed as a DC to collect, all DC's must be licensed in their state as well as yours if different.
http://www.insideedition.com/investigative/93 ... debt-collectors

https://800notes.com/arts/Jb8EW-eDhQA/harassi ... ou-need-to-know
See Residents post here also:
https://800notes.com/forum/ta-34af6a034ba34b6/unending-collection-calls
Templates of Letters:
https://800notes.com/Phone.aspx/1-319-242-7350

http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ...
http://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf
http://www.consumer.ftc.gov/articles/0149-debt-collection