Portfolio Recovery Associates, LLC threw me a curve ball.
Date: Mon, 01/26/2009 - 18:33
Following the advice on this and other related sites, I had my husband send PRA a letter requesting Validation of Debt. In the letter (which I crafted) he stated that he was not aware of any such debt and requested all the info suggested... signed contract, date of last payment, etc. They responded with the generic letter stating the date that they bought the debt and who they bought the debt from (which was not the original creditor, but another collection agency). It even says "Date Account Opened Provided by Seller: N/A." So he sent another letter again asking for Validation of Debt, stating that what they sent him did not provide the information he requested and asked for the list of items again. He also asked for proof that they can collect in the state of Arizona. I had checked the State website and they were not listed. Approx a week later we receive the following response from PRA "In our previous letter to you, we requested that you send our company additional information pertaining to the account referenced above, so that the Disputes Department could complete the investigation of alleged dispute." It is their job to validate the account to us. Unbelievable. Anyway, further in the letter they state that they are terminating the dispute and that they will no longer treat the account as a disputed account. So again I draft a letter detailing all the steps that have taken to date (sending copies of each letter with copies of the USPS Signed Return Receipts as proof of mailing) asking them again that they validate the debit as required by law. In the meantime I requested copies of my husband's credit report from all three agencies and there are no outstanding debts on his reports.
Today he received letter saying that they understand that he wishes to dispute the account because he has been a victim of identity theft. This is ridiculous. How did they come up with that? This is driving us nuts. Does he reply with another request for Validation? Do we have to send copies of all the correspondence again. He has not acknowledged this debt in any way, but given the estimated dates of this alleged debt is way past the Statue of Limitations. Shall he just send them a letter saying that there is no evidence of such a debt per the 3 credit reporting agencies and therefore if there was such a debt it is past the statue of limitations, and request that they cease and desist. By the way, the amount of debt they claim is $2300.
Thanks in advance for your guidance.
If it were me...I'd send them one last request and tell them not
If it were me...I'd send them one last request and tell them not to contact me again.
If they sue...make sure you take all the copies of what you've sent them & show up in court.
I sure wouldn't tell them anything about your credit reports....or anything else.
Good luck!
The reason you don't see them on your reports is that they are s
The reason you don't see them on your reports is that they are so ridiculously old, they are past the reporting period. I would be very suspicious! They are deliberately giving you the run around on validation because they have none.
You should send one more letter, in it tell them that this is your final letter on the matter. You have asked twice for them to validate this apparently bogus debt and all they can do is give you the run around. In your eyes, this is obviously a debt you do not owe, therefor, you will further disregard anything they send you unless it is the asked for validation.
If they sue you, you simply take these letters and fight it..they have not in the least bit provided the required information on this debt and you do not just pay any old person who says you owe money.
Time to fight fire with fire
I think it is clear that they are playing games with you, hoping to trip you up. I say fight fire with fire, and if you can, sue them. First, get all your facts and documentation together. Second, look up the FDCPA (easily obtained via internet search) and also your state debt collection laws. You should also look up your state unfair trade practice laws. Third, if you find any violation whatsoever of any law, then you should seriously consider filing a small claims suit against Portfolio Recovery Associates. Let's face it, the only way these people will change is by hits to their profit margins. Also, since Portfolio Recovery Associates is a publicly traded corporation, they do not want to have civil judgments entered against them. Finally, instead of suffering as a result of these bottom feeders, why not have them pay you instead?
Collections
The company legally has to validate the debt. Why not pick up the phone and call them? The problem that you have is that no matter if you have all of the letters in the world-if your hubby owes the debt-the only judgment taken will be against him
reply
it sounds like this is past the SOL.so they can't sue on it.no judge would see it your way.past SOL means it's up to the consumer to pay.if this place sues.they can use the SOL to have the suit dismissed with prejudice.
