Portfolio Recovery Associates ripoff Norfolk Virginia

There are a lot of things that FDCPA will not allow a debt colletor to say... The main is to threaten legal action unless it can ans will be done. As far as the legal dept goes for Portfolio Recovery Associates (PRA), it does very much exist. In fact they are in a seperate building from the collectors, equipped with lawyers, parallegals, and plenty of sub divisions that goes after a debtors assets based on the amount owed. Anything over $3000 in debt, full legal action can be and more than lilely will be taken at some point... including garnishments, liens on property (homes, cars), and bank accounts. What makes each individual case different is the state in which you live. Some states such as Virginia, it is very easy to sue. Other states such as Texas it is very hard to sue.

Check with your states additionally FDCPA rules to find out what your individual rights are before just dimissing the debt. Because PRA is a debt collector (3rd party collection) they do not have any obligation to prove the debt to the debtor. Any questions of debt should have been taken care of before the account(s) are sold to a debt collection agency. By law PRA must provide proof of the debt if it is disputed within the first 45 days, and this info comes from the original creditor, if it is not disputed within this time frame there is no further obligation to prove debt.

Also going back to the original creditor does not help either--- once they sell the debt, they legaaly have no further claim to it, which means they gain nothing by providing you with any info... and they often will not except reffering you back to the collection agency.

The exact same thing happened to me. I had my car repossesed in 2000. I was in the military and didnt even know it was repossessed. They were suppose to sell it.

I never heard anything from Ford since than. Now i got Portfolio calling me telling me they bought my account and I owe them money. They tried to be real stern about it and wanted me to pay a certain amount when i told them I couldnt they kept lowering it. When I told them i would have to talk to my husband about it they said they would call him at work, I kept telling them no, but they kept being persistent.

The supervisor got on the phone and kept pushing some payment plan when he realized i wouldnt agree he said i wont find a better deal from anyone else. They than sent me a letter in the mail saying how much I owe and that I can dispute it.

I'm not sure what I should do at this point.

A "time barred debt" is a debt that is past SOL. This is common terminology in the industry, and the legal profession.

Not only can a time barred debt not be enforced by the courts, it cannot be reported to any credit bureau either. Furthermore, any collection attempts on a time barred debt that cause the consumer financial loss or other damages, like loss of work, mailing costs, etc..Can be sued for successfully.

Attempting collections on a time barred debt is not only unethical, it opens you up to major lawsuits.

Keep in mind that the individual collector can be sued and/or prosecuted for illegal/unethical activity as well as the agency.

Pam,

There is no such thing as a time barred debt. A debt does not go away if the statute of limitations runs out. It means they can call and ask for money. They can not harrass you, but they can still attempt to collect the debt.

All the statute of limitations means is that you can not be sued for the debt.

My brother-in-law is also being hounded by these jerks. He had a pickup truck repossessed by Ford Motor Credit back in 1999 when he was going through a divorce with his ex-wife. Portfolio has bought the debt and is now trying to collect on it, even though the SOL expired in August 2005. My sister is going to write and tell them TOUGH luck. When are our lawmakers going to do something about Portfolio, NCO and the like, who KEEP breaking the law and remain in business?? What's WRONG with this picture??

Bill,

Regardless of what John says about suing them, it is very easy to win. You already know to stay off the phone, so get your documentation from them to win your case.

Communicate only by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.

In this letter clearly dispute the debt and dispute the fact that you ever made them a payment. DEMAND a full account history as well as the proof that you made a payment. DEMAND a copy or identification of that payment such as bank, check#, date, etc. They would need this in court.

By the means above, send the same letter to each credit bureau if needed. Wait 30 days from the date the green card is signed, then sue.

It is very easy to file a lawsuit, and to win. The law is on your side, and courts are tired of debt collection abuse.

You have clear cut rights under the FCRA and the FDCPA. These rights are easily enforced in court.

You probably have all read my story (under Raleigh,NC), but I'm still dealing with them. They call all the time and leave random voicemails about how I need to call them back and its a "time sensitive matter", etc. I just ignore them. They recently re-aged my debt and claim I sent them a $20 payment on a CC I haven't even used in years. They are the worst CA I have ever dealt with in my life. Don't bother to talk to them on the phone, it will go nowhere! Good Luck and fight them hard! =)

Wendy,

Just be aware that you should not expect anything from Ohio Attorney General Jim Petro or his staff. We have a very weak and ineffective AG in Ohio.

This is what happens when you vote for a Pro-Business Republican and AG Betty Montgomery was even worse than AG Jim Petro!

(He is running for Governor and will not do that great of a job when he wins.)

Demand debt validation in your complaint to the AG's office, just don't expect much help. (When you write in, say hi to Bill, Jenny, Sheri, Tracy, Jill and Sally and sorry, I do not have the room to mention the entire staff of the AG's office.)

Google Statute of Limitations on Debt and read up on the subject, become informed. (If you owe the money, you have a moral obligation too pay and our laws have nothing to do with morality!)

Read up on the Fair Debt Collections Practices Act and become informed.

Yes, you can sue for all types of fines et cetera, that is all good and well, so why is it that very few if any win?

Yes you can file complaints with the FTC, just don't expect anything to happen. The Pro-Business Republicans are in control and they will not do anything with your complaint!

Good Luck,

Wendy,

Just be aware that you should not expect anything from Ohio Attorney General Jim Petro or his staff. We have a very weak and ineffective AG in Ohio.

This is what happens when you vote for a Pro-Business Republican and AG Betty Montgomery was even worse than AG Jim Petro!

(He is running for Governor and will not do that great of a job when he wins.)

Demand debt validation in your complaint to the AG's office, just don't expect much help. (When you write in, say hi to Bill, Jenny, Sheri, Tracy, Jill and Sally and sorry, I do not have the room to mention the entire staff of the AG's office.)

Google Statute of Limitations on Debt and read up on the subject, become informed. (If you owe the money, you have a moral obligation too pay and our laws have nothing to do with morality!)

Read up on the Fair Debt Collections Practices Act and become informed.

Yes, you can sue for all types of fines et cetera, that is all good and well, so why is it that very few if any win?

Yes you can file complaints with the FTC, just don't expect anything to happen. The Pro-Business Republicans are in control and they will not do anything with your complaint!

Good Luck,

Wendy,

Just be aware that you should not expect anything from Ohio Attorney General Jim Petro or his staff. We have a very weak and ineffective AG in Ohio.

This is what happens when you vote for a Pro-Business Republican and AG Betty Montgomery was even worse than AG Jim Petro!

(He is running for Governor and will not do that great of a job when he wins.)

Demand debt validation in your complaint to the AG's office, just don't expect much help. (When you write in, say hi to Bill, Jenny, Sheri, Tracy, Jill and Sally and sorry, I do not have the room to mention the entire staff of the AG's office.)

Google Statute of Limitations on Debt and read up on the subject, become informed. (If you owe the money, you have a moral obligation too pay and our laws have nothing to do with morality!)

Read up on the Fair Debt Collections Practices Act and become informed.

Yes, you can sue for all types of fines et cetera, that is all good and well, so why is it that very few if any win?

Yes you can file complaints with the FTC, just don't expect anything to happen. The Pro-Business Republicans are in control and they will not do anything with your complaint!

Good Luck,

Wendy,

Just be aware that you should not expect anything from Ohio Attorney General Jim Petro or his staff. We have a very weak and ineffective AG in Ohio.

This is what happens when you vote for a Pro-Business Republican and AG Betty Montgomery was even worse than AG Jim Petro!

(He is running for Governor and will not do that great of a job when he wins.)

Demand debt validation in your complaint to the AG's office, just don't expect much help. (When you write in, say hi to Bill, Jenny, Sheri, Tracy, Jill and Sally and sorry, I do not have the room to mention the entire staff of the AG's office.)

Google Statute of Limitations on Debt and read up on the subject, become informed. (If you owe the money, you have a moral obligation too pay and our laws have nothing to do with morality!)

Read up on the Fair Debt Collections Practices Act and become informed.

Yes, you can sue for all types of fines et cetera, that is all good and well, so why is it that very few if any win?

Yes you can file complaints with the FTC, just don't expect anything to happen. The Pro-Business Republicans are in control and they will not do anything with your complaint!

Good Luck,

Wendy,

The first rule when dealing with ANY debt collector is to stay off the phone!! NEVER speak to ANY collector, as it will NEVER do anything positive for you. It can only make your situation worse. Think about it, if they could actrually do anything, they would have no reason to speak with you, right?

Threats of wage garnishment, job loss, etc.. are all illegal and can get you paid at up to $1000 [punitive] per violation plus costs AND actual damages [civil].

Go to FTC.gov and file a complaint for each violation separately, as it is the number of complaints against a collector that brings enforcement. Keep in mind that you can also sue and prosecute the individual collector as well as the company.

FYI The letter you need to send, per the FDCPA is a CEASE COMMUNICATIONS request [NOT cease & desist]. Proper wording is essential when enforcing your rights under the law. This sounds like I am being picky, but I had a judge point this out to me once.

As far as the "legal department" goes, they simply don't have one other than an empty cubicle from the last crackhead who quit where they stack up the files of debtors who won't cooperate or fight back. That is the legal dept. A 3 ft x 3 ft cubicle and a crack pipe.

Only communicate by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.

Sending the CEASE COMMUNICATION request before the DEBT VALIDATION REQUEST could give them legal cause to not respond.

Forget class action lawsuits. they are useless and you get nothing. Only the lawyers win. People want class actions so they can do nothing and ride the coat tails of the fight. Fight your own battle and reap the rewards. There is nothing to it at all to file suit on these freaks. Just do it.

Thank you J! I have noticed that they state the last payment activity on our account is on 11/2005, but that is actually the date that Portfolio Recovery Assoc. purchased our account from Providian. I will be taking the next steps to sue these people for falsifying incorrect information on our credit reports. I will wait to see what other information (if any) they send to us first, that will just add more beef for me in court against them!

Thanks for your advice and sharing your experience with these people as well. I can't believe all the postings on this company, and I thank the creator of this website for saving many people!!

Will keep everyone updated on what happens next and if I receive any information from this company.

this company starting in june 06, sending us collection letters about providian bank. we sent a letter for validation, and they sent back an internal e-mail that they passed back-n-forward between themselves, we also received a nasty call from them that they claim was never made.
A second letter was mailed to them and there responds was to attached a affidavit of ownership and sale of claim signed by a connie washington administrative manager. they claim they paid 1269.47 for this debt and are asking for 1282.55.

we made a complaint with the Ohio attorney general and they forwarded our complaint to this company. of course again they denied everything, a Cynthia S. Robbins senior associate general counsel informed the AG, that in an effort to resolve this account amicably, one of our representatives closed this account and a closure letter was sent under separate cover.. this company will try to trick you in there validation, so look at what they send you.
now we wait and see if they sell this to another junk debt buyer, it appears this company just received a bunch of providian accounts that are well out of the S.O.L. and legal reporting to any collection agency.

so check your credit report in about 45 days from the time they answer your letter if they do, and if the date are re-aged, filed a suit against them, they have no problem trying to take your money. i do think if they re-age your card, it would fall under section 623 (a) (5) of the fcra 15usc1681-2a-5 and its 2500.00 for each offence. i'm not an attorney only passing alone information. if it comes to that you sould talk to one, or read up on FCRA and see what your options are.and please stay of the phone with these people. good luck