Complaint Review: PORTFOLIO RECOVERY SERVICES - LEWISTON New York

For the past few years, I have received daily calls from Portfolio Recovery Associates. Calls are made at all hours and are always made by a live person. In every case, the person will ask for me, and until I specify that I am indeed the person they are asking for, they will refuse to tell me what company they are calling from.

On those occasions where I have spoken to the agent (and there have been many), They have informed me of a debt owed to a company that I have never heard of. Repeatedly, I have asked for information on this bill, (ie; where and when it was incurred, what the bill is owed for, et.). They refuse to supply any information over the phone, but have claimed multiple times to have sent it via the U.S. Mail. The letters I have received in the mail give no information beyond what I have been given over the phone.

Agents are always either very nasty and uncummunicative or extremely condescending to the point of being rude. Many act as if they are unable to understand a simple request for information on what they are trying to collect on, while the rest act as if they are shocked you wouldn't trust thier word when they claim you owe it in the first place.

Lately I have also began to receive recorded message calls, that I believe may also be from Portfolio Recovery. Messages are "Hi, this is Bill. Please return my call at 1-888-###-####, concerning a personal business matter. Thank you.". I refuse to return a call due to someone being too lazy to push the buttons to call me themselves. Besides...Without a person being specified, it could be a wrong number.

These third party debt collectors purchase old debt from other collectors and at times from the original creditor for pennies on the dollar. 

In literally every case, the debts in question are usually time-barred (e.g. really old and out-of-statute for lawsuits) and they lack a reference to the debts originator. And, if a collector doesnt know to whom the original debt was owed, theres no way the collector can have valid, accurate, non-perjured documentation.  In other words, they cant
provide validation of the original debt and if they file a civil suit to claim you owe the debt they will lose in court (provided you show up to prove this) since the debt is past the statute of limitations.   Make sure to check the statute of limitations
for your state they typically run from 3-4 years. 

Often these junk debt accounts are well over 7 years old.   Any debt past 7 years old (except student loans and Federal loans) cannot be reported on your credit bureau file or affect your credit rating.  These bottom feeders are hoping you dont know this and will make a preliminary small payment on the debt thereby restarting the date on the outdated debt and making it now reportable to your credit files.

If you are contacted by any of these bottom feeders there are a few key things you need to keep in mind.  If you
receive a summons or are asked to go to court dont blow it off.  Make sure you show up with information showing
the debt is past the statute of limitations. 

If you fail to show up with proper preparation, they can get a default judgment against you and youre screwed.

Secondly, you do not need to deal with them talk to them, or let them harass you.  Send the following letter to them

certified return receipt.  If they violate the terms of the letter haul their sorry asses into court and sue them.   Small claims court is fine.

Your City,

State Zip

Collector's Name
Collector's Address
Collector's City, State Zip

Account Number: XXX-XXXX-XXXX

To Whom It May Concern:

This letter is response to your phone call on/letter dated __________, concerning the above referenced account number.

I have checked with my state Attorney General and confirmed that the statute of limitations on this type of debt has expired. If you choose to pursue this matter in court, I will be able to show proof that the statute of limitations has expired and you will lose your court case.

Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any further communication by any means to myself, my employer, my family, neighbors, or friends regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act and will result in my filing a lawsuit against your firm.  Additionally,  I will lodge a formal complaint with the Attorney General of both my State and the State in which you operate as well as a formal complaint with the FTC.  I will also file a lawsuit against you should you should report any negative information on any of my credit files or in any way attempt to negatively affect my credit rating.

Your Name

(typed not signed so they cant copy and forge your signature).