Harrassing phone calls
Complaint
John Pansini
Country: United States
These people have been calling me for months, but never asking for me by name. Their message always begins: "Portfolio Recovery Associates... Please return this call at 1-800-860-0644..." They go on to say, "This communication will be with a debt collector and is an attempt to collect a debt." Then they give their corporate address -- nothing else.
I searched them online and found that there are many complaints against this company. They buy old debts for next to nothing, and then try to intimidate people into paying. They must be stopped.
I would like to join a class action against them. Please advise.
Thank you,
John Pansini
I searched them online and found that there are many complaints against this company. They buy old debts for next to nothing, and then try to intimidate people into paying. They must be stopped.
I would like to join a class action against them. Please advise.
Thank you,
John Pansini
Comments
yeht wen um gnillac erthey
For all others that says they are calling a wrong number....if you don't let anyone know they are calling a wrong number, how do you expect them to know that? What they think is a dead beat not returning phone calls, please know a company looking for money does not want to be calling a wrong number trust me. If we all could pay our bills life would be easy....moneygirl
Since that time, they appear to have orchestrated a campaign of postings on consumer complaint sites attempting to direct consumers having problems to call their "quality service specialists".
https://800notes.com/forum/ta-2a4cf0cd3a9e0dd/portfolio-recovery-associates
Complaints against PRA are consistent with using loose computer matching of names that may result in sending bills to people who do not owe alleged debts. Those complaints include some reports of bills send to people under names similar to but clearly different from their own names, with differences in both first and last names that no human would consider to be the "same". These complaints also indicate that identification of alleged debtors is not being verified by checking SSNs or other information prior to sending out collection bills.
Since these reports are indicating sloppy computer name matching in billing, we can assume such sloppy identification is also occurring in accounts under more common names where the cause of the "mistaken identification" is not as clear.
Debt collectors using such cheap computer matching procedures are also often reported to use deceptive talk-offs when called, attempting to divert consumers from disputing and obtaining proof that suspect debts are actually owed.
These talk-offs might include abusive accusations that the unrecognized account is so old it is the consumer's fault it is in collection and it is too late to dispute, "suggestions" that it might be various other creditors fishing for some name the consumer might recognize, deceptive claims that an out of statute alleged debt "can be collected forever", deceptive claims that some account delinquent over 7.5 years can still be reported on credit reports, or claims that "it is past the 30 day dispute period so the debt is owed". Such talk-offs are deceptive collection tactics, and collecting unowed payments by deceptive means is fraudulent.
Consumers should be wary of any debt collector sending bills for old debts, especially those not recognized and verifiable by matching full name, address, and account number information obtained from the original creditor in response to a validation request, and should invoke their FDCPA dispute and validation rights to ensure they do not end up paying some unowed debt.
This contains many deceptive statements.
Companies also often sue after SOL runs out. They may be counting on winning a default judgement, just filing a bunch of lawsuits and playing the odds, with no documentation to back them up.
It is unlikely that cheaply purchased junk debt is anywhere near "98%" accurate and still in stat.
Debt purchasers may "step into the shoes" of the creditor, which whatever legal rights the creditor might have had, but they will always be "debt collectors" subject to FDCPA and state debt collection laws, including prohibitions against abuse and deception, and requirements to obtain validation or cease collection until they do.
As for having "the contract signed by you", in most cases they just buy computer disks of data. In many cases the original creditor may not even have any signed contract, having long ago thrown it out after the period the bank regulators require them to keep records. Or they may charge the debt purchaser more than they are willing to pay, to look up the information in archival storage, if they can even find it.
Debt collectors buying junk debt want to collect it at minimal cost, since it may often be out of stat, with little access to records. It sells so cheaply because they don't expect to get paid for all of it. They may not even be able to find the actual debtor, and this is taken into account in the sale price. As a result, they often cut corners, cheaply matching account name information with whatever databases they use, and sending out cheap mailings to see who they can find.
When someone calls with no idea why they received a bill, they have a strong incentive to try to get them to pay anyway.
Even though FDPCA stipulates a procedure for consumers to request validation (proof) that the debt is owed by them, the last thing a junk debt buyer wants is a validation request. They already know the odds are high it won't be worth the cost of getting what may then only show they have the wrong person, or the debt is invalid.
Why pay for that? Instead, use abuse and harassment, create the appearance that there is no way to make the debt collector go away without paying them even though it isn't owed, offer "suggestions" for why the account isn't familiar, and generally say anything to interfere with the consumer's attempt to dispute and request validation.
If it was a repo back in 2003, it may be beyond your state's SOL, in which case it would be illegal for them to sue or threaten to sue you on it. As that is older than 7.5 years, it would also be illegal for them to put it on your credit reports, or threaten to do so.
And if your ex-husband bought it under his name alone, in some states you might have no liability for it at all, yet they might be trying to con you into paying anyway.
That leaves them with only the option to intimidate, threaten, and harass you, trying to get you to pay something on a probably out of statute debt, then claiming that reset SOL so they can threaten you with lawsuits again. That's the reason for the yelling and extreme abuse, just to get you to make one small payment, even though abuse and harassment is illegal.
They have already violated FDCPA due to abusive collection. If they continue to call you at work, after you have notified them you cannot accept their calls there, then that is another FDCPA violation.
They are required to send you a letter notifying you of the alleged debt, and of your right to dispute and request verification of it. That is the paperwork you want to prove the debt is owed to them, but you have to request it IN WRITING to preserve your rights. Bet they didn't tell you that, and it is likely you might receive no letter either, which would be another FDCPA violation. They prefer to collect by intimidating consumers before they have notified them of their dispute rights. Just pretend they hadn't contacted you yet, or they sent the letter to some other address.
Contact a consumer attorney, as they have already violated FDCPA by their abusive calls. Since FDCPA allows you to sue for actual and statutory damages, and your attorney fees, you may be able to find an attorney to take such cases on contingency. You might try www.naca.net
A good way to get a class action lawsuit started is to complain to your State Attorney General.
They are clearly very abusive.
Write down all the phone numbers and dates that they call you.
Do not just write this off.
Once you state to them over the telephone that by law they can not contact you via the telephone they have to cease and only try and collect via the postal system.
Please check your state laws guys statute of limitations for being sued for a past debt varies by state.
For example PA is only 4 years and it becomes time barred after 4 years and will get thrown out..
They can try and sue you but once you file a action asking for dismissal on the grounds of the above then it will not proceed but they can still try and collect from you without the court system..
If you have no intention to pay them, and the alleged debt is past SOL, then send them a cease communications letter, certified return receipt requested so your have proof of when they received notice.
If they call demanding payment after receiving a cease communications letter, they are in violation of FDCPA, and you can sue them.
R2Z2
I worked all my life and one day there was no company to work at. You should
thank God that you are one of those few people that can still pay their bills.
With PhoneTray from TraySoft you can "zap" any unwanted callers and never have to answer the phone or talk to them.
Designed to allow dial-up Internet users to stay online while taking calls, I discovered it's best used as a blocking software to "zap" those pesky callers you don't want to talk to.
It allows you to assign different "outgoing" messages that the caller will hear when the modem answers their calls.
The distinctive "three-tone" alert preceding the message will eliminate most of the "autodialers" used by telemarketers and debt collectors today (their computer hears the tones, believes the number to be "Number Is Disconnected", "Invalid Number", "Not In Service", or whatever outgoing message you assign and automatically removes your number from their autodialer registery).
If your computer doesn't have a voice-capable or V92 modem you will have to install one for the softwear to function properly; a small price to pay for not having to deal with this phone scum.
TraySoft has a list of modems that are guaranteed to work with PhoneTray, so you won't have to experiment with modems until you find one that works with the softwear.
Here's the source:
http://www.traysoft.com/
PhoneTray Dialup 2.38
http://www.phonetray.com/ptdialup_download.htm
PhoneTray Free 1.37
http://www.phonetray.com/ptfree_download.htm
System Requirements:
• Windows 98, Windows ME, Windows 2000, Windows XP, Windows 2003, Windows Vista or Windows 7
• Caller ID capable V.92 Modem
• Caller ID service from your local phone company
• Call Waiting service from your phone company
• Call Waiting Caller ID service recommended
I am not compensated for this referral; just a very satisfied, paying customer who wants to aid other phone users who are tired of dealing with this problem.