Portfolio Recovery

[zyal8trr]

Man these guys will pester you. I get called, day in and day out, morning, afternoon evening, you name it.

I talked to them several times on the phone and told them I would be willing to pay the debt in full ($401) if they agreed to report to all 3 bureaus to delete it. They won't budge

What to do?

[jwelch47]

Have you already sent them a DV letter and have they responded? I would start with that and also write in your letter that they are not allowed to call you. If they can validate the debt I would just keep sending them PFD letters. Who knows, maybe they will get sick of dealing with you and take it. I have had success with 1 PFD letter and I'm working on another now.

[sbanda7]

I used to work for a Collections agency and they just don't care because they get a percentage of the recovered amount and when they promise they will report to the Credit Bureau they are lying they will just give you a letter that you either settled or paid in full. Try going thru a Credit Repair Agency to legally remove the debt try them they are pretty good.

[zyal8trr]

Well I have sent 2 PFD letters with no success and they report month to month that I'm late on payments.

I am seriously lost about how else to attack this. This is the only current negative on my CR's. They bought the debt from the original OC back in 07.

It is set to drop 06/2013 but I cannot wait that long.

What else to do...?

[Trish]

I would at least send them a DV letter w/a limited C&D... That will stop all of the phone calls.

What I have found is that about 80% of the time, they break laws or can't provide proper proof. A lot of them just don't care (or don't have very good communication between CSRs) and they continue calling or trying to collect even after you hit them with a DV.
This has happened so many times to me..... and if they screw up, then I hit them with complaints and maybe even an ITS depending on the situation.

[zyal8trr]

Originally Posted by Trish

I would at least send them a DV letter w/a limited C&D... That will stop all of the phone calls.

What I have found is that about 80% of the time, they break laws or can't provide proper proof. A lot of them just don't care (or don't have very good communication between CSRs) and they continue calling or trying to collect even after you hit them with a DV.
This has happened so many times to me..... and if they screw up, then I hit them with complaints and maybe even an ITS depending on the situation.

Trish, in the event they don't respond to a DV letter in 30 days upon receipt, would I then dispute with the CRA's?

[Trish]

Originally Posted by zyal8trr

Trish, in the event they don't respond to a DV letter in 30 days upon receipt, would I then dispute with the CRA's?

Yes,... but I would also send them a DV2 stating that if you don't hear from them, you assume it to be a "mistake" and consider the matter closed (there's a DV2 sample in the DV letters thread)...

Then if it doesn't get deleted and they continue to verify it with the CRAs but refuse to send you validation.....start filing complaints.. especially with ACA International.. ACA will force them to respond to you.

[zyal8trr]

Originally Posted by Trish

Yes,... but I would also send them a DV2 stating that if you don't hear from them, you assume it to be a "mistake" and consider the matter closed (there's a DV2 sample in the DV letters thread)...

Then if it doesn't get deleted and they continue to verify it with the CRAs but refuse to send you validation.....start filing complaints.. especially with ACA International.. ACA will force them to respond to you.

Thanks Trish. In the event they do respond to a DV letter, would it be okay to send a Cease and Desist letter? I am not sure if I want to go this route, as I heard the CA can update the account with a legal status and then sue me.

How would I know if they can legally sue me?

[Trish]

Originally Posted by zyal8trr

Thanks Trish. In the event they do respond to a DV letter, would it be okay to send a Cease and Desist letter? I am not sure if I want to go this route, as I heard the CA can update the account with a legal status and then sue me.

How would I know if they can legally sue me?

If they can provide proper validation, then you would need to see about arranging a PFD if it is a legit debt.

If you truly owe them money and it's within SOL......sending them a C&D is not a good idea because suing you would be their only alternative.

If you know what debt they are collecting on (who the OC is) then see if you can find out when the DOFD on that acct is and see if that is within the collection SOL for your state. Then you will know if they can legally sue you.

[zyal8trr]

Originally Posted by Trish

If they can provide proper validation, then you would need to see about arranging a PFD if it is a legit debt.

If you truly owe them money and it's within SOL......sending them a C&D is not a good idea because suing you would be their only alternative.

If you know what debt they are collecting on (who the OC is) then see if you can find out when the DOFD on that acct is and see if that is within the collection SOL for your state. Then you will know if they can legally sue you.

Trish,

Is it true that, and lets say for example, the DOFD on this account was July 2006 to the OC. If a payment was made after the DOFD to the CA, it completely renews the SOL?