Collector looking to collect on 10 Year Old Paid Debt
Date: Fri, 01/21/2011 - 17:43
However, it's been 10 years and the payoff letter I received from the bank was destroyed in a flood.
Now I have an agency Portfolio Recovery Services calling me saying I owe $2K on this account. They want me to fax my info which is fine. What concerns me is that Fleet Bank no longer exists, there is no way for me to get more proof. The agent on the phone said their dispute department will look at my paperwork and then make a determination if I owe this money or not.
Here is my dilemna we are getting ready to apply for a construction loan to build our house, I can't afford to have this agency add something derogatory on my credit report just because they "determined" I owe it. What can this agency do and what kind of proof do I need to give them?
Check on your Statute of Limitations. That may solve your probl
Check on your Statute of Limitations. That may solve your problem. These are State-specific laws so google it.
Massachusetts is 6 years so it's long passed for them to take me
Massachusetts is 6 years so it's long passed for them to take me to court. It's 7 for them to report but I don't know when that would start. They contacted me in 2006 and I had faxed them the information then and before then it was 2004 but here we are again. Apparently they can continue collection efforts forever as long as they are not harassing me.
The account was last reported in 2003 on my credit report. Do I have a reason to be worried or should I just fax it. I also don't want to give them my credit report just the page that pertains to them.
Do not send them any personal information accept your name and a
Do not send them any personal information accept your name and address. Tell them they have 5 days to send you a letter regarding the account. Wait the five days and if no letter send a strongly worded DV letter informing them they have already violated your rights once. Also demand validation as you dispute the debt in it's entirety and that should they report said debt while under a DV, then they will further violate and you will be forced to take them to court.
This debt is so old you don't have to prove you paid it, since it seems to be SOL for both suit and credit reporting that you can challenge it if it does go on your report and sue them if they reaged the account to put it on.
Just send them a FOAD letter and tell them to get lost and never
Just send them a FOAD letter and tell them to get lost and never contact you again! THe debt is time barred, they cannot do anything to you.
first, Portfolio is known for this nonsense. They tried to pin
first, Portfolio is known for this nonsense. They tried to pin a phone bill on me from the late 1990s in 2010. They refused to listen when I demanded that they provide proof that I even had the account in my name to begin with. When I couldnt get an answer to validation requests, I sent them a letter telling them to never contact me again on the matter since it was so far outside the statute of limitations. They responded with a threat to take further action, including a possible lawsuit against me, to collect the debt. I in turn sent them another certified letter telling them of their very illegal actions and informing them that I was going to file a lawsuit of my own for FDPCA and FCRA violations. It took all of that before they finally sent me a letter saying that they were stopping all collection effort.
Second, the reporting time is long since past, since this debt is 10 years old. If Portfolio specifically told you that they will report this on your credit report, they are in violation of the FDCPA again. They cannot report it without re-aging it, and thats a big no-no too. If they DO report this on your credit report, be sure to let us know. There are ways to deal with that too.
Third, you have written proof from the debt settlement company that this was paid off. If that isnt enough proof for them, I would simply send them a certified letter telling them to get lost. These guys are known for trying to collect debts even after they know that it has been paid off or is not a valid debt. That only happens when the consumer doesnt know that a cease and desist letter should solve the problem. Let us know what they respond with after their "investigation".
I always got a laugh out of portfolio--their letterhead says "Giving debt collection a good name".....