Statute of Limitations, National Arbitration Forum and Judgements

parker1967 · #1 07-12-2009, 10:03 AM

North Carolina - I was contacted by an attorney for Portfolio Recovery Associates in tandem with the National Arbitration Forum on debt from a MBNA/Bank of America card.

I disputed the charges and the NAF directed Portfolio Recovery Associates to provide the requested documentation and placed the case on hold for 60 days. Within a few days however, Portfolio Recovery Associates sent copies of old statements.

About 4 weeks later, I received a letter from the NAF and Portfolio Recovery, again in tandem on the same day, stating the case had been dismissed without prejudice. I understand that although the case was dismissed that Portfolio Recovery can try proceeding with a judgment once more.

My question is... If the Statute of Limitations runs out before they attempt to procure a judgment again, am I free of them?
OR since I contacted both the Portfolio Recovery Associates lawyer and NAF by snail mail requesting documentation on the debt, is the Statute of Limitations now unrelated?

Thanks for any help you can provide. This site is a wealth of knowledge!

divemedic · #2 07-12-2009, 10:35 AM

The NAF is a kangaroo court that sides with the creditor over 90% of the time. After all, the creditors and collectors are the NAF's largest customers, don't wanna tick off your largest customer, do you? I always refuse arbitration.

The SOL is not reset by you demanding documentation. When Portfolio contacted you, was this their initial contact? Was your dispute sent within 30 days of that initial contact? Did those statements show the same balance that Portfolio was attempting to collect?

parker1967 · #3 07-12-2009, 11:20 AM

It was not their first attempt at contacting me, they tried at work many times but I didn't answer.
I did send the dispute within 30 days and registered both letters. In addition to my documentation request, I asked they not call my work in which they continued to but no matter, I knew the numbers they called from and didn't pick up.
I saved the audio files of their messages which are dated in case they broke any FCRA rules.
The balance that Portfolio was trying to collect was more as they tacked on interest.

Thanks!

divemedic · #4 07-12-2009, 11:58 AM

If you told them that you were not allowed to get collection calls at work, violation of the FDCPA

If they are charging an amount that is different from what the creditor claims without explaining how that amount was calculated, violation

They are easy to catch breaking the law, because like most collectors, they know that most consumers will not sue.