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Debt Collections question(s) no I am not a bum

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Debt Collections question(s) no I am not a bum

Old 07-17-2012, 02:48 PM
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Default Debt Collections question(s) no I am not a bum

Short story...
ADT and I had a falling out back in 2009.. they "breached" contract service and equiptment related. I called and cancelled the service they tried to tax my ass for 360$ I said eff u. I forgot about it.
Over the past 2 days I have received 10-15 calls from their collection agent's (third party company NOT ADT) and told them no, I am not paying, I canceled service ect...

Well they call me this AM and I had it and said again I Am NOT PAYING THIS BILL.. agent says ok then we are going to refer you to "legal" what ever that means. I said are you filing a suit aginst me? If so here is my lawyers number and you need to talk to them not me. Guess what.. 4 hours later I get another call from them and I went on tilt. I pulled up the fair debt collections act (per my lawyers request) and recited it.

The DB agent kept asking me questions and I said thats none of your business which it's not. He kept saying you are being very vauge I said yeah, I AM NOT PAYING is that vauge? I already told you to stop the calls and talk to my lawyer is that vauge?

He said yes it's vauge and asked me why I have a laywer dealing with it. I said again that is none of your business.

Its funny now that I am typing it.. I was pretty pissed off during the call..
Question is where do you draw the line and report these guys? My lawyer is free, it cost me nothing to tie them up. I am not paying the damn bill because its BS. They are trying to screw me over.

Does reporting them to the FTC do anything or is that a waste of time? I have not talked with my wife about all that and I don't know if she knows much about it other than the FTC's page which spells some things out and not so much on others.

Good vent I feel better.
EFF ADT
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Old 07-17-2012, 03:10 PM
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I had a major insurance company chasing me for 6 months worth of workers compensation because they claimed I never canceled with the company directly. I changed agents and both my business liability and workers comp. were canceled with the agency. They had a collection agency chasing me for several months and if I recall I got really over the top rude with a couple of the women who were harassing me and they finally gave up.
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Old 07-17-2012, 03:14 PM
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Dibs on his boat!
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Old 07-17-2012, 03:16 PM
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Simple solution for you, when they call, say this to them:

Before we go any further, I need to tell you that this call is being recorded and all phone calls to myself, my place of employment or to any third parties in an attempt to locate myself or collect this debt are to CEASE & DESIST immediately. And then ask them to send you something in writing about the account they are trying to collect.

Once you get the letter ( if they go as far as to send you one) write them this response:

This letter is to notify your office that I dispute the validity of this debt or any portion thereof. I request that you send me copies of any original documents that contain my signature to verify this debt. Furthermore, I request if this debt is valid that you send any documentation from the original creditor (ADT) that shows you have been retained by them and have the authority to collect this debt on their behalf.

This letter is also to serve you notice that ALL phone calls to myself, my place of employment or any third parties in an attempt to locate myself or collect this debt are to CEASE & DESIST immediately.

Reporting them to the FTC or anything like that is useless. When you tell them to cease and desist all phone calls, if they continue to try and talk or ask questions, just say thank you and hang up. You will not hear from them again. Doesn't mean they won't sell your debt to the next agency and you'll have to go through the process again. Send the letter with signature confirmation or return receipt and if you get a call from them after you sent the letter, then you will get somewhere with the regulators since you have proof you told them to cease and desist all phone calls.
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Old 07-17-2012, 03:17 PM
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No love for ADT, but what was the breach since you put it in quotes?
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Old 07-17-2012, 03:57 PM
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Originally Posted by NJFISH View Post
No love for ADT, but what was the breach since you put it in quotes?
They didn't like his "cancelling".
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Old 07-17-2012, 04:07 PM
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My daughter got turned over to a collection agency when she was in college by Qwest diagnostics.
She had a medical test done, and qwest did the biopsy (which came out negative), and sent the invoice directly to her. She called me, and I went to the company major med person, because she was on my major med policy. The MM person said that qwest never sent the bill to the insurance company, and all I woed was 10%.( Bill was for about $200(. I called them and stated they violated their contrct with the insurance company, and sent the bill to them, which they already approved. They apologized and said they would handle it. Next month, same ything, but I asked for a supervisor. He said it would be handled, don't worry. Month 3, daughter called and said a collection agency is dunning her for the bill.
I called the insurance company and reported what was done to us. Then I called qwest and got the manager. I expplained what happened. I stated "a copy of this is going to the insurance company and the state insurance commissioner. And IF my daugher gets one more call from y'all, I will turn this over to my lawyer for deflamation of character and civil restitution. You have 24 hrs to solve it"
Got a call the next AM from daughter stating the collection agency was called off and the situation was resolved.
The aholes at Qwest were trying to scare the customer into paying in full (no discount) and dealing with the insurance company on their own, and getting screwd out of a lot of money.
They have gotten better since then.
I wasn't going to put up with it.
OP: If you have the paperwork showing you cnacelled, take it to your attorney. Thats what they are overpaid for.
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Old 07-17-2012, 04:20 PM
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You gave them way more time than I ever do. I get about 3 calls a day from
NCO FINANCIAL SYSTEMS @ 1-800-735-6588

They just have an automated call system so I couldn't talk to anyone unless I call them back! This has been going on for several years, no joke. I filled out paperwork to the district attorneys office and got a letter back almost a year later wanting to know particular dates that they called, etc. I threw it in the trash. Between them and the political survey calls, I just about hang-up on my friends if they don't start talking right away.

Anyhow, this is what I do and it gives me great pleasure, I recommend you do the same it will make you feel awesome. Every once in a while when it's late and I'm half in the bag, I start calling them and leave messages on THEIR machine until I can't speak anymore! I laugh my azz off, because some sorry SOB has to sort through all that in the morning! They are below scum, everyone of them. Don't even waste your breath on them. When I am home and caller ID shows the automated call number I just pick up the phone and hang it up again so they don't get to leave a message.

Sorry about the rant, but these people pizz me off big time. Oh by the way, they are trying to collect from someone that has my name, but different SS. So they are totally harassing me.
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Old 07-17-2012, 04:29 PM
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Hey Grouper, make sure you go on line with the credit agencies and dispute the blemish. It's free. Always works.
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Old 07-17-2012, 04:34 PM
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I get calls every day (which I ignore) over two issues with phone companies. 1 is nextel which when I signed up years ago charged each month in advance. When I switched I decided to just pay the $200 cancellation but the final bill was for the whole month of July (I cancelled on the 6th). I payed the $200 but would not pay for 1 whole month for six days. 2nd one is back in 06 we built a new house. I lived in another house same town and had an MCI calling plan. When we transferred everything to the new house I reviewed our needs. I cancelled MCI and went with Verizon for the only land line (fax) and elected to pay highest price per call, no plan for long distance. Well guess what! MCI kept billing me. They said that Verizon did not do switch over properly so my plan kept going. I CANCELLED IDIOTS. if verizon did something wrong I should have ended up with no long distance. They say that's not how it works. I told both to F off and will not pay ever. Any credit I have gotten since does not give a s**t anout a dispute with a phone company. One more year and I get to make them stop forever.
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Old 07-17-2012, 04:41 PM
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Thanks guys, the breach would be proformance/ service based. The equiptment kept going off for no reason sending the fire trucks to my house, which I got a bill from them on the third time around. They replaced the units which did not work I got billed for it. I called to complain about the junk they replaced it with and was not happy with the response.
They did not live up to their end of the agreement so it breached the contract. Their part was to provide said service and they did not provide it in the manner they should have. Best way to put it without going into a 10 page rant. Its deeper than that but short end of it they really boned me and then tried to charge me for it.

If they call again I will get them to send me the info and write a letter back just like you said to runabout.. thanks a lot for the info
Jon
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Old 07-17-2012, 04:47 PM
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Either settle and move on or take em to court...... They will refer it to a collection attorney then it will be a PITA... not to mention a blemish on your credit report ...
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Old 07-17-2012, 04:55 PM
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Originally Posted by TheRealMacGyver View Post
You gave them way more time than I ever do. I get about 3 calls a day from
NCO FINANCIAL SYSTEMS @ 1-800-735-6588

They just have an automated call system so I couldn't talk to anyone unless I call them back! This has been going on for several years, no joke. I filled out paperwork to the district attorneys office and got a letter back almost a year later wanting to know particular dates that they called, etc. I threw it in the trash. Between them and the political survey calls, I just about hang-up on my friends if they don't start talking right away.

Anyhow, this is what I do and it gives me great pleasure, I recommend you do the same it will make you feel awesome. Every once in a while when it's late and I'm half in the bag, I start calling them and leave messages on THEIR machine until I can't speak anymore! I laugh my azz off, because some sorry SOB has to sort through all that in the morning! They are below scum, everyone of them. Don't even waste your breath on them. When I am home and caller ID shows the automated call number I just pick up the phone and hang it up again so they don't get to leave a message.

Sorry about the rant, but these people pizz me off big time. Oh by the way, they are trying to collect from someone that has my name, but different SS. So they are totally harassing me.
I used NCO for a while but wasn't happy with their results.

I have a new one now. Margaret is very effective.

Originally Posted by triplenet View Post
Either settle and move on or take em to court...... They will refer it to a collection attorney then it will be a PITA... not to mention a blemish on your credit report ...
Yep. I'd guess the credit report has it if it's from 2009.
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Old 07-17-2012, 05:12 PM
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I had service issues with a company (Who's old enough to remember Warshawski & Co.?) back in the pre-digital age. I called their 800 number but it had a message that they closed early due to a holiday. Then the message looped and I realised it wasn't going to cut me off. After that, whenever I was feeling immature I'd dial the number from a pay-phone and leave it off the hook. He, he, he.
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Old 07-17-2012, 08:42 PM
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Originally Posted by triplenet View Post
Either settle and move on or take em to court...... They will refer it to a collection attorney then it will be a PITA... not to mention a blemish on your credit report ...
found out today that its already on my report which is not that big of a deal. Its already out of the hands of ADT and with a collection agency which after some research is a law firm that does collection.
That is even better for me because I told them the first time that they needed to contact my lawyer from here on out. Its against the law, debt collection law and any legal matter for a lawyer to contact a person who has obtained legal councle on the matter. So that is strike 2. The amount of money is peanuts its more a matter of eff them now.

I am sure in the end I will have to pay the money but I will make sure it cost them more to fight me then the amount is. It won't go to court, its not worth their time or money to fight it that far. Total bill was something like 360$ they say pay them 165$ to make it go away I still said no because it's just not right. I don't owe the money point blank and that is what its all about. They tried, check that they are screwing me over because their service sucked, I ended the shitty service and they kept billing me.
So yeah I could pay the 165 and be done with it, but now its personal.
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Old 07-17-2012, 09:21 PM
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Here what i send them. You probably will never hear from them again.
All names and account numbers are fictitious.
Joe Blow

c/o 2236 Hayworth Court
corona, CALIFORNIA [92883]

January 2, 2010

Mrs. W White
UNITED RECOVERY SYSTEMS LP
5800 NORTH COURSE DR
HOUSTON, TX 77072-1613

RE: CITIBANK 797256000023424
URS ID: 13093366-rm82-776

Dear Mrs. White , UNITED RECOVERY SYSTEMS, LP,

This is in response to a letter received on December 31, 2009 dated December 28, 2009, on the above referenced matter and is no way an admission of any debt. This letter is to inform you that I am requesting verification of this debt or any subsequent debt naming PLANET EARTH/JOE BLOW; In fact, I am emphatically demanding that you provide full disclosure including the information listed below to satisfy my verification requirements.

• A certified copy of the original contract that UNITED RECOVERY SYSTEMS, LP has with JOE BLOW.
• A certified copy of the contract between CITIBANK SOUTH DAKOTA N.A. and UNITED RECOVERY SYSTEMS LP demonstrating the purchase of the alleged debt including any and all costs related thereto.
• A certified copy of the contract between CITIBANK SOUTH DAKOTA N.A. giving UNITED RECOVERY SYSTEMS, LP authority to act on the behalf of CITIBANK SOUTH DAKOTA N.A..
• Certified copies of all records and a full accounting of the account referenced in your letter as ACCT.#797256000023424 including but not limited to all records from CITIBANK SOUTH DAKOTA N.A. demonstrating that a valid debt exists.
• Certified copies of all business licenses including licenses required by the STATE OF CALIFORNIA to conduct business in CALIFORNIA.
• A complete list of all officers of UNITED RECOVERY SYSTEMS LP with complete contact information including, but not limited to, full name, title, direct mailing address, direct phone number(s), fax number(s) and email address. Providing a “link” to a website is not acceptable.
• An affidavit signed Under Penalty of Perjury that UNITED RECOVERY SYSTEMS LP or any agent(s) acting on their behalf has not violated any portion of the FAIR DEBT COLLECTION PRACTICES ACT (FDCPA).
• Certified copy of all Public Hazard Bond(s) and/or Liability Insurance Policy(s) and accounting demonstrating financial capability of UNITED RECOVERY SYSTEMS, LP.




• Proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, an Insurance Claim or selling the purported debt to third party debt collector.
• Prove that UNITED RECOVERY SYSTEMS, LP is the creditor of this purported debt.
• The completed DEBT COLLECTOR DISCLOSURE STATEMENT previously sent to you which has been ignored, which by not completing, prohibits you from further collection or contacting me. You have now been subject to $1000 violation, and per RICO statutes, tenfold that amount which is $10,000.00.

Unless you provide the information listed above within ten (10) days after receiving this letter, this debt will be deemed invalid and further collection attempts will be considered a criminal activity attempting to extort monies. A criminal complaint may be filed against UNITED RECOVERY SYSTEMS, LP with various legal entities including, but not limited to, the Federal Bureau of Investigation (FBI) and the Internal Revenue Service Criminal Investigation Division (IRS CID) to investigate the possibility of criminal activity including, but not limited to, violations of the FAIR DEBT COLLECTIONS ACT.

To further substantiate the claim that UNITED RECOVERY SYSTEMS, LP may have, do not hesitate to provide the information requested within the time frame allotted to settle this matter as quickly as possible. You may contact me only when providing the required information listed above; Any other communication attempts will be considered to be further attempts to criminally extort monies and will be reported accordingly. Please note that in the event of any legal action you will be required to provide the original(s) of all documents which include wet ink signature(s) at any hearing(s) commencing from these communications (or lack thereof). Also note, that selling (or otherwise transferring) this account [debt collection attempt] prior to validation may constitute fraud and may result in a federal criminal complaint under the Racketeer Influenced and Corrupt Organizations Act (RICO) listing UNITED RECOVERY SYSTEMS, LP and CITIBANK SOUTH DAKOTA N.A. as co-conspirators.

Notice to Principal is Notice to Agent – Notice to Agent is Notice to Principal.
Silence is acquiescence. Acquiescence is estoppels.

Sincerely,

_____________________________________
Joe Blow
ALL RIGHTS RESERVED

cc: CITIBANK SOUTH DAKOTA, N.A.
file





CEASE AND DESIST COLLECTION ACTIVITIES
PRIOR TO VALIDATION OF PURPORTED DEBT

Notice to Principal is Notice to Agent – Notice to Agent is Notice to Principal

Pursuant to the Fair Debt Collection Practices Act. 15 U.S.C., Sec. 1601 et seq, this constitutes timely written notice that the law requires the return of the attached erroneous purported debt which is unsigned and unattested, and which I herein discharge and cancel in its entirety, without dishonor, on the grounds of breach, false representation and fraud. These claims are bonded and under the mandates of Article VII of the Bill of Rights.

15 U.S.C., Sec 1692 (e) states that a “false, deceptive, and misleading representation, in connection with the collection of any debt” includes false representation of the character or legal status of any debt. It further identifies as a deceptive practice any threat to take any action that cannot legally be taken.

The notice you have sent omits information that is required to be disclosed, such vital citations as disclosing the agency’s jurisdictional and statutory authority. Said Notice further contains false, deceptive and misleading representation, and allegations intended to intentionally pervert the truth for the purpose of including one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would divest one of his/her property and their prerogative rights, resulting in a legal injury and invasion of privacy.

Pursuant to 15 U.S.C., Sec 1692 (g)(4) Validation of Debts. If you have evidence to validate your claim that the attached does not constitute fraudulent misrepresentation and the one owes this alleged debt to your entity, this is a demand that within ten (10) days of receipt, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jurisdiction to continue any collection activities.

This is constructive notice that, absent the validation of your claim within ten (10) days of receipt, you must cease and desist any collection activity and are hereby prohibited from making contact through the mail, by telephone, in person, at my home, or at work. You are further prohibited from contacting my bank, my employer or any third party. Each and every attempt of such contact, in violation of this Act, will constitute harassment, defamation of character and will subject your agency and/or board including any and all agents in his/her/their capacity, who take part in such harassment and defamation to a liability for actual damages, as well as statutory damages up to $10,000.00 for each and every violation plus further liability for legal fees to be paid to any counsel which I retain. Furthermore, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy and are also barred from reporting any derogatory information to any Credit Reporting Agency regarding this disputed purported debt.

Finally, pursuant to the Fair Debt Collections Act, Title 15 U.S.C., Sec 1692 (g)(8), as it is clear you are merely an “agency” or “board” acting on the behalf of someone else, this is a demand that you provide



the name of the original “principal” or “holder in due course” for whom you are attempting to collect this alleged debt.

This is an attempt to gather pertinent information for a pending legal action and any information obtained will be used for that purpose.

Silence is acquiescence. Acquiescence is estoppels.

I hereby attest that, to the best of my knowledge and belief that the above information is true correct and complete.


________________________________Date__________
Joe Blow
ALL RIGHTS RESERVED

































Joe Blow
c/o 2236 Hayworth Court
corona, CALIFORNIA [92883]

Invoice #1- UNITED RECOVERY SYSTEMS, LP – CITIBANK SOUTH DAKOTA, N.A. 01022010

January 2, 2010

Mrs. W White
UNITED RECOVERY SYSTEMS LP
5800 NORTH COURSE DR
HOUSTON, TX 77072-1613

RE: CITIBANK 797256000023424
URS ID: 13093366-rm82-776

Dear Mrs. White; UNITED RECOVERY SYSTEMS, LP,

Your offer is Accepted for Value referenced letter received on December 31, 2009, dated December 28, 2009 on the above referenced matter. Please review the following billing for time and expenses that have been incurred and are now due and payable. My time is valuable as I’m sure yours is as well. The hourly rate is set at $225.00 per hour.

• Legal research for purported debt (Ref. #426429699819168) 1/2 hour
• Compose response letter ½ hour
• FDCPA Violation - $1000.00
The total due and payable is calculated to be 1 hour @ $225.00/hr and Penalty of $1000.00 totaling $1225.00. Please make a check or money order payable to Joe Blow and forward to the address indicated above. This bill is due as of January 31, 2010. Untimely payment will result in a late fee of $50.00 or 10% of the total bill due (whichever is greater) each month the payment has not been received. Please make every effort to see that this matter is settled honorably. I trust you understand that any unscrupulous or illegal debt collection activity must be dealt with according to the law (FDCPA). Your immediate attention to this matter is greatly appreciated. You will not receive any further collection notice from me should I pursue litigation and/or commercial lien.

By: _________________________________
Joe Blow UCC 1 – 308
Authorized Representative















Dear UNITED RECOVERY SYSTEMS, LP ,
Please remit the balance due using the return envelope provided and make your check or money order payable to Joe Blow. Payments should only be sent to the mailing address: c/o 2236 Hayworth Court, corona, CALIFORNIA [92883].
This is an attempt to gather pertinent information for an impending legal action and any information obtained will be used for that purpose.
Unless you notify Joe Blow within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid. If you notify Joe Blow in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, Joe Blow will provide verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request in writing within 30 days after receiving this notice, Joe Blow will provide you with the name and address of the original creditor, if different from the current creditor.
Sincerely,
________________________________
Joe Blow
ALL RIGHTS RESERVED


P.S. Joe Blow offers a 10% discount if payment is received within ten (10) days.
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Old 07-18-2012, 09:53 AM
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So they "breached" their part of the contract, and without proper legal channels you just called them and told them to cancel your service. Which, of course, is a "breach of contract" that apparently has a $360 early termination penalty. Which you verbally say you're not paying. Which does nothing in the legal system to eliminate your obligatory early termination fee.

Note for every customer that skates out of paying their obligatory fees, ADT is forced to raise rates on the rest of us.
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Old 07-18-2012, 01:30 PM
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I get about 5 calls a day from some debt collection agency (term "agency" used loosely) called Portfolio Recovery for some debt I supposedly owe from over 20 years ago. They say it was from a Sears credit card. I had a Sears card back then but I never defaulted on any debt. Of course I have no way to prove otherwise after so many years.

After trying to explain that I don't owe this 20+ year old debt I could see I was getting nowhere. They kept saying they would settle for 50% of the owed amount. I said OK so that is ZERO! They say I owe like $748 and they will settle for $350. Just laughed and hung up.

I actually have fun with them now. I always have iTunes up on my computer. I downloaded some rap songs with very vulgar language. Now when they call I answer and without saying a word I put the phone right in front of the speaker and let the rap music play. It takes a minute before I hear the off the hook tone.

I did some research on this Portfolio outfit. They are just some scumbag bottom feeder buying up super old debts for pennies on the dollar hoping to trick someone in paying 10+ year old debts weather they owe it or not. I have gotten the threat of "legal action" too. It's laughable.

Once a creditor sells the debt there can be no legal action. Especially after 7 years. I believe only the original debtor can take legal action. And only if the amount owed is high enough and within a certain time frame. Once a debtor sells the debt to a collection outfit they have exhausted all their options to collect.
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Old 07-18-2012, 01:48 PM
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Originally Posted by ScarabChris View Post
I get about 5 calls a day from some debt collection agency (term "agency" used loosely) called Portfolio Recovery for some debt I supposedly owe from over 20 years ago. They say it was from a Sears credit card. I had a Sears card back then but I never defaulted on any debt. Of course I have no way to prove otherwise after so many years.

After trying to explain that I don't owe this 20+ year old debt I could see I was getting nowhere. They kept saying they would settle for 50% of the owed amount. I said OK so that is ZERO! They say I owe like $748 and they will settle for $350. Just laughed and hung up.

I actually have fun with them now. I always have iTunes up on my computer. I downloaded some rap songs with very vulgar language. Now when they call I answer and without saying a word I put the phone right in front of the speaker and let the rap music play. It takes a minute before I hear the off the hook tone.

I did some research on this Portfolio outfit. They are just some scumbag bottom feeder buying up super old debts for pennies on the dollar hoping to trick someone in paying 10+ year old debts weather they owe it or not. I have gotten the threat of "legal action" too. It's laughable.

Once a creditor sells the debt there can be no legal action. Especially after 7 years. I believe only the original debtor can take legal action. And only if the amount owed is high enough and within a certain time frame. Once a debtor sells the debt to a collection outfit they have exhausted all their options to collect.
But keep in mind, and this is improtant (from what I've heard), if you even admit that this debt was your responsibility, or if you attempt to reach a "settlement " with them, they can start the clock again for credit reporting.
That means you will have a deliquent account in your credit history for 7 more years.
It's always best to just send them a "cease and desist" letter, and hang up on all future calls.
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Old 07-18-2012, 05:22 PM
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Originally Posted by Jus Teasin View Post
But keep in mind, and this is improtant (from what I've heard), if you even admit that this debt was your responsibility, or if you attempt to reach a "settlement " with them, they can start the clock again for credit reporting.
That means you will have a deliquent account in your credit history for 7 more years.
It's always best to just send them a "cease and desist" letter, and hang up on all future calls.
The amount of calls have subsided drastically since I started with the rap music.
ScarabChris is offline  

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