Portfolio Recovery Services Harassing Phone calls

Discussion in 'Credit Talk' started by Fl2BoysMom, May 28, 2015.

  1. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    Portfolio Recovery Services has been calling me once a week for the past year, regarding an old credit card debt that went into default in March of 2007.

    The SOL ran out in 2011 or 2012 as I''m in FL and our SOL on CC's is 4 or 5 years.

    As of March of 2014, I was at the 7 year mark for it to fall off my credit report.

    I have no intention of doing anything at all about this debt, as the SOL has run out, and the default can no longer appear on my credit report, therefore, it has no effect on me, and I'm certainly not about to enter into any kind of agreement that would reset either of those clocks.

    I have told them to stop calling me, yet they continue to call once a week.

    When I try to request an address to which I can send a certified letter, return receipt requested, ordering them to cease and desist with the phone calls, they refuse to give me an address and continue to try to 'push' the subject of the debt.

    I end up hanging up on them and then they just call back a week l later.

    What should I do?
     
  2. jam237

    jam237 Well-Known Member

    Here is what I would do.

    Remember, just what I would do, I am not a lawyer, I do not play one on TV, so I am not giving legal advice.

    I am presuming that you don't have historical evidence of *ALL* of the calls, but that isn't really necessary.

    I would refer to this as the cat-bird scenario. I am in a position to collect at least $1,000.00 from them, they are in a position to collect at most $0.00 from me. They are hoping that I can't do the math there. :)

    The second that they call me the next time, I would draft a letter (you will want to change the language drastically, since PRS will probably see this thread, see this letter, and know who drafted it - at least by moniker.)

     
  3. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    Thanks, Jam. So is that correct, that all I have to do is 'tell' them, verbally, over the phone, to stop calling and they have to do it? I thought I had to write a letter telling them to stop calling. No, I don't have a historical record, but I've begun keeping one in which I note the date, time of the call, name of the person calling, and what I told them.
     
  4. Dancer

    Dancer Well-Known Member

    Just to drive the point home, in the event you have to go to court, I would record every one of their calls. (They start them out with "this call is being recorded for customer service" so there is no need for you to inform them of the fact that you are recording them as well.)

    Then, just set them up to violate the hell out of the FDCPA every single call. Ask questions that, when they respond that they can still collect, are each a violation of the FDCPA. I like, "are you going to call my employer about this debt?" which is a particularly egregious violation.

    Judges LOOOOOOVVVVEEEE that stuff.
     
  5. mindcrime

    mindcrime Well-Known Member

    Best to put it in writing, the cease and desist that is, sent certified. More probable than not, that the phone calls will stop at that point. They know the debt is noncollectable, and certainly not worth incurring violations and legal fees over.
     
  6. jam237

    jam237 Well-Known Member

    The verbal is sufficient to prove inconvenient communications, by memorializing it in writing, you now have incontravertable proof to go to court over the issue should they not cease.
     

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