Communication tactics

Posted on Posted in Complaints, Debt collection

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For two years, Portfolio Recovery Associates has attempted to collect a debt for an account that we believe to contain inaccuracies. In those phone calls made to us, our attempts to clarify info made the the representatives become more and more aggressive. The caller in some cases would scream, ” So, are you refusing to pay this debt!! ” repeatedly. I feel that that was an attempt to trap us into making some verbal agreement or binding statement. After several calls like this and their references to taking legal action, my husband and I considered getting the matter behind us by agreeing to settle the account, but every call since then has stalled because of Portfolio Recovery ‘s refusal to send a written agreement.

Their position was that payment was necessary before their representatives had the ability to print out, e-mail or request any kind of written request. Often, the collectors ‘ demeanor degraded from that point when we insisted on a written agreement before making a payment. We believe this collector had no intention of following through with discharging the debt as paid. I believe their intention was to restart the statute of limitation on this debt and/or sell the debt to another collector after recovering a certain amount. We believe these practices to be unfair and deceptive.

It ‘s been two years and Portfolio Recovery has yet to file a law suit against us, which leads me to believe that our account had not been sent to a litigation department.

I called one last time on XXXX XXXX, 2016 to confirm their position in regards to refusing to make a written agreement before receiving payment and to clarify account info. The call was recorded and is uploaded with this complaint. The call reflects their refusal to make a written agreement without receiving some kind of payment first. Additionally, I made attempts to clarify info about the debt and its validity, but the representative asked whether I was in fact asking for a ” validation letter ”. As a layman to these matters, her reaction to that request gave me the impression that asking for a validation letter somehow had derogatory consequences for me or would cause a sequence of events that perhaps would force Portfolio Recovery to escalate their actions in this matter. So, I declined that request. As I understand, one has a right to their collection information, but because of their fear tactics, I hesitated asking for more info. Again, we believe these to be unfair and deceptive practices.

I later spoke with a gentlemen that offered to email or send a ” courtesy letter ” about our account. At the end of the call I reminded him that I would in fact like to receive that courtesy letter giving us information about this collection, but as of this date, we have not received anything via mail or email.

At this point, we feel that our only recourse is to contact an attorney.

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