wanting money

ComplaintsCollection AgenciesPortfolio Recovery Associates, LLC

Complaint

+1
felix  hawkins
Country: United States
12/18/2011   number calls my home ---no name on caller id-just florida call????  then there is a female-called erica???  person asking for me and asking if this is my ssn#....
first of all i do know who is on the other end of phone ....this person has my personal info and says i owe capital one $1000.00 since 2000???..
i believe there is statue of limitations on debt and if it was written off .....i am not giving someone a payment over the phone and they will not send me any info regarding this debt ....i have the right to have info for this issue.....produce all their info they have on me that they said they have from checking about me......they know more about me than i do????

Comments

  • +1
    tj
    PRA buys really old accounts and tries to collect on them.  They may try to get some small payment that they might claim resets SOL, allowing them to sue.  They are often reported to engage in harassing calls while withholding information, apparently as part of this OOS collection strategy.  This has resulted in many complaints from consumers called in error.

    You cannot trust that any caller demanding money is who they say they are, or that what they demand is owed to them.  That is why federal law (FDCPA) places specific obligations on debt collectors, prohibiting deceptive, harassing, and abusive collection, and gives consumers specific rights to demand proof of alleged debts.

    You cannot trust that some phone call claiming you owe "$1000" from over a decade ago is accurate.  Even having personal information like your SSN is no proof of anything, as that can be easily looked up.  They may have the wrong person, the amount might be in error or not owed, the account could have been fraudulently opened, or they might not even have any right to collect it.  

    The law recognizes that old claims may be stale and evidence not easy to obtain or reliable, and that is what a statute of limitation is for, to prevent the courts from being clogged with outdated claims that should have been pursued years earlier if the creditor thought it was worth it.

    Debt collectors are required by FDCPA to send you a letter within 5 days of their first contact notifying you of the alleged debt, and of your right to dispute and request information on it.  Failure to do so is a violation of FDPCA, and you can sue them for it.

    Send them a letter, mailed certified, indicating that you have received no letters from them about the alleged debt, and that you dispute it, demanding proof from the original creditor that you owe it.  Also include that it is inconvenient for you to receive their calls at any time.

    If they manage to send something, and the alleged debt is past SOL, you can also send them a letter, mailed certified, that you will not pay the alleged debt, and to cease further communications.

    If you get further harassment, or demands for payment without any validation of the debt, or demands for payment after sending a cease communications on an out of statute debt, file complaints with FTC and your state Attorney General.  Then find a consumer attorney to discuss suing for violations of FDCPA.  You might try www.naca.net

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