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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Portfolio Recovery Associates violating for fun in the CREDIT AND LEGAL ISSUES forums; Ok....I know the answer to most of this but my friend insisted I post.......soooooo:
My friend in NY had a Providian card charged off about 5 years ago when he ...
07-26-2007, 12:47 AM
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#1 | | Elite Member
Join Date: Sep 2006
Posts: 1,054
Casino Cash: $538550
| Portfolio Recovery Associates violating for fun Ok....I know the answer to most of this but my friend insisted I post.......soooooo:
My friend in NY had a Providian card charged off about 5 years ago when he was in Texas. The SOL in TX is four years and NY borrows that if the debt was incurred there.
Portfolio recovery associates has sent him three letters and he has responded with the standard "I dispute" dv each time. PRA is now saying that you have to say why you dispute.....ie they are trying to trick the least sophisticated consumer into thinking this is a CRA dispute. This is false and misleading.
They are now threatening legal action even though they have not provided validation or verification in any way, shape or form.
They just sent a fourth letter to my friend and he wants to dv yet again. I am thinking they ignored the first three so why send another.
Is an FOAD letter the way to go? Should any letter be sent?
And lastly....does anyone know any good FDCPA attorneys in NY?
PRA is vulnerable now and if my friend were to sue...it would have to be using an attorney. Mostly, my friend just wants these pinheads to go away.
Any advice? |
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07-26-2007, 01:15 AM
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#2 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $963050
| No fourth DV.
Dear PRA:
On xx/xx/xx I received your letter concerning xxx. On xx/xx/xx by letter I disputed your accretions. Since that time I have received xx additional letters in violation of the FDCPA (enumerate the violations).
On xx/xx/xx you write that I must inform you of why I am disputing your allegations. That has already been done. I refer you to my letter of xx/xx//x (first letter).
In your letter of xx/xx/xx you threaten legal action. This account is post SOL and any legal action on your part will be met with counter claims.
I will make this easy for you, I have already contacted an attorney and I am prepared to move forward with litigation to put a stop to you violating my rights under the FDCPA. Go away (insert your language) and I will not need to sue you.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
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07-26-2007, 01:22 AM
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#3 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,518
Casino Cash: $1746925
| DAMN!! I have told everyone about PRA. Send the next letter/email to:
"Cannizaro, Allison" <acannizaro@sessions-law.biz> or snail mail to:
Allison L. Cannizaro, Esq.
SESSIONS, FISHMAN & NATHAN, L.L.P.
Lakeway II, Suite 1240
3850 N. Causeway Boulevard
Metairie , Louisiana 70002
Or call and/or fax:
Telephone: (504) 828-3700
Facsimile: (504) 828-3737
Trust me please...this is as far up the food chain as you're gonna get.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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07-26-2007, 01:23 AM
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#4 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $963050
| Quote:
Originally Posted by hannah DAMN!! I have told everyone about PRA. Send the next letter/email to:
"Cannizaro, Allison" <acannizaro@sessions-law.biz> or snail mail to:
Allison L. Cannizaro, Esq.
SESSIONS, FISHMAN & NATHAN, L.L.P.
Lakeway II, Suite 1240
3850 N. Causeway Boulevard
Metairie , Louisiana 70002
Or call and/or fax:
Telephone: (504) 828-3700
Facsimile: (504) 828-3737
Trust me please...this is as far up the food chain as you're gonna get. | Tell Allison I said hi. 
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
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07-26-2007, 01:25 AM
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#5 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,518
Casino Cash: $1746925
| Quote:
Originally Posted by Enigma Tell Allison I said hi.  | If it were me, I would...while I cashed the check... 
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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07-26-2007, 01:36 AM
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#6 | | Elite Member
Join Date: Sep 2006
Posts: 1,054
Casino Cash: $538550
| Who is Allison? |
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07-26-2007, 01:37 AM
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#7 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $963050
| Quote:
Originally Posted by hannah If it were me, I would...while I cashed the check...  | I've done that several times 
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
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07-26-2007, 01:37 AM
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#8 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $963050
| Quote:
Originally Posted by spinn Who is Allison? | She is outside counsel for PRA and NCO.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
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