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
Most likely your info was never attached to the original dental bill, particularly if that was tied to a bank account that was not yours. Opening the bank account would generally require id (DL) and SSN, and although it might be id theft, more likely they are "fixing" their account information to deceptively pressure you into paying it. They might not actually have enough id with the original account info to know who owed it.
Best guess: They are pulling credit report and skip-trace information based on your name or a similar name match, and filling in the SSN and DOB info that actually applies to you. They might, for example, be using Accurint and pulling credit reports. Pull your 3 credit reports, and you might find an inquiry on one of them, which would have allowed them to get enough identity information on you to pretend this was "your debt".
Debt collectors use id information pulled from sources different from the original account information to "prove" you owe it, as an attempt to evade your expected demand for validation. Far from being proof, it is how you can catch them red-handed engaging in deception and fraud.
Send them a letter, mailed certified, disputing the alleged debt and demanding proof you owe it. If they fail to send any proof, or only concoct their own letter claiming you owe it with nothing from the alleged original creditor, you know they were trying to bluff you into paying what they already suspected you didn't owe.
If you catch them continuing to try to collect on some unowed "debt", get an attorney and sue them for deceptive collection or erroneous credit reporting, violations of FDCPA or FCRA. These allow courts to award damages and attorney fees, so you can find attorneys who take cases on contingency. You can find a consumer attorney in your state through www.naca.net
My only assumption is that the person that owned her cel number before her had the debt
Don't let anyone tell you that you need to send Portfolio registered letter. They don't deserve it. You don't have to send a registered letter to get scum to stop harassing you! Just tell them in no uncertain terms you don't want them to call.
If they continue (and they will) take police or civil action if you have the inclination; otherwise, HARASS THEM. Call them three times and scream at them for every nuisance call. Abuse them heartily. That seems to stop them. They can't complain about your harassing _them_, because if they don't want contact they shouldn't be calling.
Stephen R. Diamond
http://juridicalcoherence.blogspot.com
Thank you,
Tammy
You can find a consumer attorney in your state through www.naca.net