Portfolio Recovery Associates - Collection Agency Chris Patrick Mgr. Required me to open checking account to remove interest. have to pay interest if pay with money order. Norfolk, Virginia
I became deliquent for my Dillards account in 2008 due to an accident, divorce, husband's job loss etc. I am a single mother with two children. I had always paid my account. I was not able to pay anything and the account was charged off and sold to Portfolio Recovery. I had asked them not to call. They have not ceased and they call me at work. I finally today spoke with a Chris Patrick as I could now afford to pay a little something. He told me that unless i had a checking account that he could take the money from, then he would not give me a break on the interest or even work with me. If I would open an account which would be a benefit to me anyway, then he would remove the interest. I told him i would pay monthly with a money order or cashiers check.
he told me no, that i would have to pay ALL the interest and he would give me no break unless i had a checking account that he could draw from. I said i was not opening an acct. as i had nothing to put in there. He asked how i paid my bills.. I said i cash my payroll check at a local grocery for three dollars. he said if i opened a checking account i wouldnt hav eto pay the three dollars. I said well you know they give me the three dollars back in a coupon which I grocery shop anyway. They asked how i got in this predicament and i explained said i was a single mom with two kids and by court order i also have to pay for half college fees too. and Chris Patrick said you know ,poor mothers with 4 kids pay us 20 a month..so i guess they have to open a checking account to pay 20 dollars a month? He told me i should have put my husband in jail for opening this account for me. He was giving me legal advice unasked for.
Since when is it right for a collection agency to penalize you financially and discriminate against you fro not having a checking account. I know other collection agencies that accept payment and work with people money orders, cashiers checks. Is it illegal to discriminate based on a checking account? or illegal ?
5 Updates & Rebuttals
Steph
Minor Hill,Tennessee,
USA
Don't answer the phone
#6Consumer Comment
Tue, June 08, 2010
I would not answer the phone if they call again. I would also imform my employer about this bill collector calling you at work and that you have told him not to call you there . I would also not give any collection agency a checking account # they cannot be trusted.
I would also send them a certified letter telling them not to contact you at home , work or your cell. I did the same when they harassed me calling my cell and I did not hear from them again . I would also keep a copy of the letter for your self
SM1954
Huntsville,Alabama,
United States of America
Portfolio Recovery Associates - Collection Agency Chris Patrick Mgr.
#6Author of original report
Tue, June 08, 2010
I am aware that i would be acctble for a debt. I informed this chris guy from Portfolio that I did not open the actual account , that my husband (now ex) opened the account in my name back in 1993 or so when it was Castner knott. The card was used and paid on time until bad times of course..the store became Dillards and Dillards sold the acct to someone, I dont rmemeber, and charged it off, and then Portfolio bought it from the other people. I tried to make payments on it, i dont remember when the last one was but it hasnt been since portfolio has had it or the other agency. in fact i have never made one payment to a collection agency. i had always made it to the actual store.
This chris patrick mgr of portfolio told me that if i did not deposit my payment in a checking acct to let them withdraw it, that any deal that we had made in dropping interest and fees was then voided. I said I would pay with cashiers check or money order, he said that was unacceptable that he would need me to open a checking account to withdraw money for his offer to be valid. I told him that I had asked they not call me at work and he said the laws have changed and i had to write him to request that.
I said i didnt have a checking account and was not going to be forced to open one by a collection agency. at which point he told me well, pay with a money order then, but the phone calls will not stop until we can take it from a checking acct. so i guess they can call.
Stacey
Dallas,Texas,
U.S.A.
The advice is correct
#6Consumer Comment
Tue, June 08, 2010
I have dealt with these scum bags and they don't care if the debt it paid or not - bud hibbs has great advice so utilize his site
These idiots have no clue about the Fair Credit Act and could care less - Learn your rights and fight back!
MovingForward
Wellington,Florida,
United States of America
How do you know that the debt is your debt???
#6Consumer Comment
Mon, June 07, 2010
Portfolio Recovery is a large third party collections agency (CA). They sound like they have already violated the FDCPA. Have you sent them a debt validation letter to find out if the debt they say is your debt is actually your debt? Learn your rights. Check out www dot creditinfocenter dot com and look in the forum section for advice on how to handle a third party collector. You can also check out Bud Hibbs site at www dot budhibbs dot com to find out about Portfolio Recovery
By the way, the reason they want to draft right from your account is because they will draft more than what is agreed to on the phone. It is not a good idea to give them direct access to your bank account at all. He may or may not give you a break on the interest, you can't really believe anything the debt collectors say. If you negotiate with them, get everything in writing. If it is not in writing, it doesn't exist because they will tell you anything to get their hands on your money. Protect yourself. Educate yourself on your rights when it comes to debt collection. Those sites above will help you.
Robert
Irvine,California,
U.S.A.
Suggestion..
#6Consumer Comment
Mon, June 07, 2010
Okay first let me tell you that a lot of Collection Agencies violate the Fair Debt Collection Practices Act(FDCPA) on a daily..if not hourly basis. So you need to know your rights and it would be very advantagous for you to read up on the FDCPA.
One part of the FDCPA is that if you send them a Cease Communications Letter they MUST stop calling you. It does not make the debt go away, but if they call you after they receive it you can take them to court for violations of the FDCPA and if you prevail you can pick up a nice $1000. Unfortunatly this is per company not per violation so the most you can get out of them is $1000.
Second, NEVER and that means NEVER talk to a collection agency over the phone, no good will ever come of that. ALL your communications MUST be in writing. This is so there is proof and a paper trail as to what was agreed to. If you are ready to pay the debt, you can send them in a settlement offer. In that offer include the total amount you are willing to pay, the amount per month you are paying and the form of payment. Do not sign the letter, because some collection agencies are also famous for scanning that signature and placing it on other documents. To make it appear you agreed to something you didn't. When they send you their offer, or acceptance of your offer, then follow through with it.
However, there is no "discrimination" because they don't want to accept checks or money orders. And just a small reality check, when you got the credit card you made a legal agreement to pay back the amount borrowed plus any interest and fees. There was nothing in your agreement that said if you got a divorce, sick, lost your job..whatever you didn't have to pay on your debt or they must give you a break when you are able to again. And don't be so sure that other collection agencies would be any nicer. Their job is to get as much money paid back on the debt as possible, as quickly as possible.
As to why they want your account information, it is for one basic reason. If you default on any agreement, that simplifies them trying to pull money out later. So if you end up having to give them a checking account. Open one up at a bank you DO NOT do business with currently. Only keep enough money in that account to cover their debits. If they attempt(or do) withdraw more money then they were supposed to you again have a FDCPA violation. This is why having everything in writing is very important.
As for making payment arrangements. A common tactic is to get you to pay a little something, such as $20. This in most cases will reset the Statute of Limitations which means they now have additional time they have if they decide to take legal action against you(civil suit). So DO NOT fall for the "just pay us something". For example if you had a $1000 debt at $20/month it would take you over 4 years to pay it off. And that is if they don't charge you any interest. What they would probably do is after a few months all of the sudden require you to pay more per month, and because you have reset the Statute of Limitations you are pretty much stuck.