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Asker
Posted over 1 year ago.

I didn't record any of the conversations but they definitely were within the last year, plus one of the letters. I have told this company a long time ago that this account was "resolved". An attorney will cost me, and the only proof I have is one letter. The original attorney who handled the case wrote to the credit card companies. I think they should have forwarded the information to the collection agency.

Can they "start the clock" again?

Thank you for responding!

Andrea L Crawford
Andrea L Crawford, Debt Collection Attorney - Anthem, AZ
Posted over 1 year ago.

The FDCPA was written to protect people with little to no money. Thus, it states if a violation is proven that your attorney's fees will be covered by the debt collector. The fees and costs are something to discuss with the attorney in your free consultation.

Additionally, there are several FDCPA attorneys who will take cases like yours based on the sworn affidavit of the the client regarding the conversations. Most of the collectors will have a recording of the conversation, which if not provided when asked before a lawsuit is filed, is available through discovery.

Finally, I am not completely sure what the debt collector was talking about when it said it started the clock again. However, if it was referring to the statute of limitations, only a payment or in some states a promise to pay, can re-start that clock. Debt collectors cannot restart it on their own. The other thing I can think of that the debt collector could be talking about is a judgment. In a lot of states a judgment is renewable within ten years of the date it is issued. Has the collector ever told you it has a judgment against you?

Andrea L Crawford
Andrea L Crawford, Debt Collection Attorney - Anthem, AZ
Posted over 1 year ago.

You might also consider contacting your old attorney to get more details on how the debt was "resolved".

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Asker
Posted over 1 year ago.

There has be no judgement of any kind. The attorney stated that I am judgement proof.

The last letter I received from this company was dated Jult 11, 2012. There is a part that states:
"Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency."

So I consider what they are doing is pure harassment, especially since I told them not to contact me again...and I also gave them the name and number of the attorney who originally handled the case. I told the woman that if they had done their homework they would not have even bought the account, and Capital One should not have even sold it to them. She didn't like that one bit, obviously.

But I still got another call after that.

I have copies of the letters from the attorney.

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Asker
Posted over 1 year ago.

Should I just ignore "Portfolio Recovery" from now on? Or perhaps I should play their cat and mouse game and continue to document their communications.

Ironically, their statement has a cute little "motto" that states:
"We're giving debt collection a good name".

Andrea L Crawford
Andrea L Crawford, Debt Collection Attorney - Anthem, AZ
Posted over 1 year ago.

Definitely document any and all communication attempts. If they are calling a cell phone with an auto-dialer or leaving pre-recorded messages after you have requested that they stop calling you, there also might be a TCPA violation, which comes with a $500 - 1500 per call price tag.

Document calls and get in touch with a local consumer law attorney.

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Asker
Posted over 1 year ago.

That is most helpful information. You get and A+++

Most of the calls are hang-up calls (computer generated) because I screen all my calls via my answering maching. However, the company's name still shows up. they also use many different phone numbers, I guess because some people block them.

I have not requested that they stop calling in writing, but have done so on the phone conversations.

It would probably be hard to collect any money from them though. In the last conversation the caller "challenged" me to a 3 way conversation with the original attorney who handled the case. A few years back I had talked to her and she wasn't too happy that they were harassing me. I told the guy [quote] "She's going to be pissed off when she hears about this". lol That apparantly didn't deter him but I was tired of the mind games so I finally said: "I'm DONE. Talk to my attorney".

That definitely means that they are aware that an attorney was involved, and by what you indicate, it means they should not be calling me.

Not that I would persue monetary damages, but it would be nice. It all started with Capitol One, who basically destroyed my life and my credit rating. I ended up in a psychiatric hospital because of this. I WANTED to take responsibility for my bills but they made it impossible. I even went to cDebt Counselling and they told me not to pay.

A+++

I WANTED to pay them.
Ha. If they did call her, I would like to have been a fly on the wall.

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Asker
Posted over 1 year ago.

no it's not a cell phone. I refuse to own one of those things.