#2Author of original report
Wed, November 18, 2015
Recently submitted our example of a response to a motion for summary judgement. The judge rulled in our favor. We get our day in court. Our court hearing is in a three months and will update on the hearing and findings.
PotatoSoup
noblesville,#3Author of original report
Wed, June 22, 2011
RE: Somerset post
I appreciate you story and sorry to hear that you are going through it as well. It appears that you are much further in the process than I with these guys. Was your situation similar in that they purchased the debt from another and tried to collect?
I'm ready for the day the notice lands on my door from them to proceed with judgement. I have my response and challenges ready to go for our day in court with these guys.
Interesting though that this time they have lowered the settlement offer almost 30%. They are now offering me a settlement of 70% of the reported debt. In speaking with them this week I asked them if they would be able to send me verification of debt with my wifes signature on it. The representative in her best N.Y accent talked over me and said yes. This representative also told me that they have spoken to my wife and she knows this. Now I've been married to my wife 14 years and have known her an additional two. I know for a fact my wife has NEVER spoken with these people.
- PRA does not have 1 piece of document with my wifes signature on it indicating she 'owes' them any money.
- I have yet to receive but do suspect that they will provide documents that my wife owes the creditor the money. But NOT PRA.
- When I receive the 1099 form from the creditor indicating they (the credito) no longer have the debt and have laid it on my wife then PRA's goose is cooked.
**Verify the debt people**
PRA are bottom feeders that buy up bad debt and attempt to collect in MOB fashion.
Bob p.
Somerset,#4Consumer Suggestion
Wed, June 22, 2011
I have already instituted suit against PRA (Portfolio Recovery Associates) and it has been unresolved now for more than two years. I won the original suit, was granted a confiramtion of the verdict after appeal and it's being appealed higher by PRA.
PRA will not give in as it will set a precident and open them up for more costly suits and a BIG hit in there stock price....that's right, they are traded on the stock market. So are several other big 3rd party collectors. PRA has spent 10's of thousands of dollars paying their attorneys and will have to pay mine 10's of thousands as well. I was awarded the $1,000 violation amount but have yet to see it as PRA is continuing to challenge the Appeals courts "opinion" following the verdicts.
Individual suits may have some consolation but I think 20 or more of us who have been treatede illegally by PRA should join ina suit against them. They continually dance the fine line between FDCPA violations and legitimate business. The REAL thing that needs tom be done is to "revamp" FDCPA statutes that include "No communication with potential debtors after the statute of limitaions expires" as well as larger fines for violating any FDCPA statutes. Also, as far as "debt verification" is concerned, I think that the FDCPA should demand that ALL original files, in their entirety, be forwarded as copies when the debt is pursued and a verification is demanded.
It's not just PRA and other debt collections agencies, the laws that need to be "pumped up" and stricter guidelines implimented. I'm making the case for this and have been for several years. Our Congess was being addressed about this problem and I was supposed to testify but it was scraped at the last minute.
My advice is to NOT let them get away with it. You can find a lawyer who repeatedly files suit against PRA and join others who want them to stop breaking the law.