Portfolio Recovery; my wifes old cc

[mercedesc350]

Oh I'm so tired of seeing the letters from Portfolio Recovery for an old cc my wife had from like 1999; account was closed up in 2000. Has long since fallen off her credit report. Now comes the junk debt folk...and the biggest problem is: my wife wants to pay them! "Oh, look dear, they're willing to settle for just 40%...3 easy payments of $42...maybe I should do it just to stop their letters." I just hate the thought of these scum making a nickel!
How can I stop them? I've DV'd them twice...all I get back is a confusing bunch of goo. They basically come right out and say who they bought the debt from, and really make no effort to prove anything. Can I send them a letter, certified, spelling out point blank "this account is past the statue of limitations; no payment will be made. Cease all contact regarding this matter immediately." Does that make it so that they "should" stop? And if they don't, can I (we) pursue action against them? Any ideas would be appreciated.

[Exployer1234]

The SOL means that they can not sue you in court. The company can still try to collect the debt by sending letters, but it will not hold up in the court system, unless you reaffirm the debt. I would not acknowledge you owe the debt.

[tay666]

Actually, they can still sue you for the debt.
You have to use the SOL as a defense to keep them from winning the suit.
So, if they sue you, and you do not respond, then they can get a judgement that will be binding.

One thing I am not sure on though.
If someone were to go ahead an pay the junk debt collector, would that re-age the account?
Possibly having a negative effect on the credit report.

[catleg]

Send them a Cease & Desist letter. That should take care of it. Then their only recourse it a lawsuit, which is unlikely because it's (a) outside SOL (b) small amount.

Have you checked to see if this is being reported on your credit? Dispute as "too old".

Dear PRA,
You are instructed to cease and desist from all forms of contact with me regarding this alleged debt.
Signed,
You

[mercedesc350]

That's what I'm after...is just getting them to either go to court, or stop the contact. Or both. I understand that they can still go to court; and I (my wife) would have an affirmative defense in the SOL. No, this is not being reported on my wife's credit bureaus. Thanks all for the replys.

Send them a Cease & Desist letter. That should take care of it. Then their only recourse it a lawsuit, which is unlikely because it's (a) outside SOL (b) small amount.

Have you checked to see if this is being reported on your credit? Dispute as "too old".

Dear PRA,
You are instructed to cease and desist from all forms of contact with me regarding this alleged debt.
Signed,
You

[newbie2]

That's what I'm after...is just getting them to either go to court, or stop the contact. Or both. I understand that they can still go to court; and I (my wife) would have an affirmative defense in the SOL. No, this is not being reported on my wife's credit bureaus. Thanks all for the replys.

I'd be sorely tempted to put in the cease and desist letter a PS: The SOL means Statute of Limitations, as well as Sh** outof Luck.

[nokia123]

Oh I'm so tired of seeing the letters from Portfolio Recovery for an old cc my wife had from like 1999; account was closed up in 2000. Has long since fallen off her credit report. Now comes the junk debt folk...and the biggest problem is: my wife wants to pay them! "Oh, look dear, they're willing to settle for just 40%...3 easy payments of $42...maybe I should do it just to stop their letters." I just hate the thought of these scum making a nickel!
How can I stop them? I've DV'd them twice...all I get back is a confusing bunch of goo. They basically come right out and say who they bought the debt from, and really make no effort to prove anything. Can I send them a letter, certified, spelling out point blank "this account is past the statue of limitations; no payment will be made. Cease all contact regarding this matter immediately." Does that make it so that they "should" stop? And if they don't, can I (we) pursue action against them? Any ideas would be appreciated.

i had the same problem, i told my lawyer about it and he sent them a letter and i have not heard from them since, because i am filing bk i am including all old debt.