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Portfolio Recovery Associates ignores my Cease Communication

Date: Mon, 12/10/2007 - 17:08

Submitted by anonymous
on Mon, 12/10/2007 - 17:08

Posts: 202330 Credits: [Donate]

Total Replies: 2


Back in June I received a notice from portfolio recovery associates about collections on a credit card account. Upon further investigation, I find that the account dates to 1998. I don't recall ever opening the account, and even if I did the SOL had long expired (it was even off my credit report).

So, I sent PRA a Cease Communications letter, certified mail with return receipt (got the receipt sitting right here) with the typical "cease all communication" language. Simply put, I don't recall ever getting that card and if the SoL is elapsed (and I'm certainly not going to re-age the debt) then that debt is nobody's business now.

The letter was sent, and signed for in July. Now today when I'm at work I get a call (which went to voice mail since I had my phone off). It's from Portfolio Recovery Associates, they won't give details on voice mail other than a callback number, but I haven't received any mail from them since they signed for the Cease Communications letter 4 and 1/2 months ago, and if it's on the same debt I am really reluctant to call them and initate communications since they just broke the fdcpa, and I don't know of any other debts I have had that they might be collecting on (but I haven't received any letters from them though).

Should I be on the phone with a lawyer about a FDCPA violation suit? Should I ignore the calls from PRA? Should I start filing complaints with the various organizations I mentioned in the boilerplate Cease Communication letter I used (FTC, state Bar Association, American Collector's Association, ect)?


Not yet. After a cease they are permitted one call.(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy

I would suggest calling them from a phone you can record on. Call them and see what they have to say. If they dunn you for the balance, you can easily demand your $1000 yourself for the violation.


lrhall41

Submitted by SOAPLADY on Tue, 12/11/2007 - 06:02

( Posts: 17315 | Credits: )