- Report: #1495291
Complaint Review: Portfolio Recovery Associates LLC -
Reported By:
Mozzie -
New York, New York, United States
Submitted:
Updated:
-
Author Not Confirmed
Why?
Portfolio Recovery Associates LLC
United States
Phone:
1-800-772-1413
Web:
N/A
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Business Rating:
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Portfolio Recovery Associates LLC Falsified My Consent into a Payment Plan, Did not Remove Even After Disputing thi
I called "Portfolio Recovery Associates, LLC" on 05/05/2020 and spoke to Pete Peterson in regards to a debt they have under my name and in collections in the amount of $3,257.70. After attempting to negotiate and work out a deal, he transferred me to his manager named Robin and she spoke to me on available options. I listened, but explicitly mentioned several times that I could not accept their offer. Again, I said that to them multiple times given that I could not commit. Well, they went ahead and WITHOUT my permission entered me into an agreement to pay $2,433.50.
It states (I have their documentation of this payment plan...they sent to my home). They basically put that I accepted her offer and placed me in a payment plan that I never accepted. This is a deceptive practice that preys on the vulnerable and without my permission puts me in a terrible predicament to defend myself. According to Pete Peterson, I am ALLEGEDLY being sued and this debt is in civil court (they didn't want to provide me with any proof). Stating that I agreed to this payment plan sets me up to lose that case because if I didn't notice, they could have claimed that I failed to uphold my payment plan...thereby I lose my case.
I only found out about this payment plan because I called a few days later and their new agent informed me about it. This is lying and an ignoble practice.After calling them and telling them I did not consent to this payment plan and it is falsified, they still continue with it and just sent me a letter asking for payment. They aren't listening.
My biggest concern is that if I did not call again I wouldn't have known about this plan they entered me without my consent. And if this matter is truly in court, this shows that I am in violation when in truth I never agreed to this deal. They have a recording of our call and I demand they be held accountable.
They violated Sections 805, 807, and 808 of the Fair Debt Collection Practices Act.
"Portfolio Recovery Associates, LLC should be held responsible for falsifying my consent into a payment plan. This is a deceptive practice, against the law, and intended to further implicate me in the debt. I look forward to pursuing this matter because the potential damage that could have been done shouldn't be taken lightly. I wonder who else have they done this to.
2 Updates & Rebuttals
Stacey
United StatesRobert is correct
#2Consumer Comment
Mon, May 18, 2020
I also suggest you check your Secretary of State's website to see if they are required to post a surety bond in NY. In Texas all collection agencies are, by law, required to post a surety bond in order to collect any monies. FYI - I sued these morons and won a nice check. You should have never, EVER talked to them to begin with.
Robert
Irvine,California,
United States
Your latest problem started...
#3Consumer Comment
Sat, May 16, 2020
if I didn't notice, they could have claimed that I failed to uphold my payment plan...thereby I lose my case.
- A person does not negotiate a debt that isn't theirs. You lost the case the moment you called.
You NEVER talk to any Collection Agency by phone, you ONLY communicate with them through writing. Preferbaly by Certified Mail with Return Receipt to prove when you contacted them. When you called and tried to negotiate a payment plan, you basically admitted that the debt was valid and you were responsible. Regardless of if they entered you into a plan or not, if they do sue they can and will try to use this admission against you.
What ever you do DO NOT send them even a single dime, yet if you have sent them any money then what ever you "say" now likely does not matter...the debt is yours and you owe it.
They have a recording of our call and I demand they be held accountable.
- It isn't about the payment plan at this point. As stated that same recording will be used against you, showing that you tried to negotiate the debt..making it your debt.
At this point, the best thing that may happen is for them to actually file suit. You can't really deny the debt at this point. You may be able to dispute the amount owed, which would require you to show proof that their amount is incorrect. If this is an old debt, you MAY be able to use the Statute of Limitations to your favor. If you say you don't have the ability to pay the debt, bring in EVERY single piece of financial records showing you can't pay it. You won't get out of the debt but the judge may work out a payment plan they feel you can afford.
If this debt is for a couple thousand dollars, you may want to find a local attorney who deals with debt and see if you can get at least a consultation as to your options. It may cost you a couple hundred dollars but they may be able to give you specific advise as to how to proceed. I would suggest you do this before you make any further communications with this agency.
