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How to Stop a Junk Debt Buyer Attempting to Collect Older Credit Card Debt from You
Every consumer should know that invoking current consumer protection laws will stop the collection activities of a junk debt buyer.
Junk debt buyers invest in discharged credit card debt for pennies on the dollar. They also sell and resell the debt they have purchased to other junk debt buyers for smaller and smaller sums of money. Business Week, as an example, reported Portfolio Recovery Associates, a large national junk debt buyer, paid $791.6 million over an 11 year period for $35.3 billion of debt in 16.7 million customer accounts. For each dollar of credit card debt that averages less than three cents.
Based on those fractions, according to the Credit Card Debt Survival Guide, junk debt buyers do not have to collect on a majority of those debts. If they collected on just less than half, they would be hugely profitable.
A general lack of consumer knowledge of the federal Fair Debt Collection Practices Act (FDCPA) gives junk debt buyers confidence in their ability to collect on these cheap debts. Junk debt buyers through their collection agencies mail tens of thousands of collection letters to consumers holding discharged credit card debt. Most addressees do not properly answer this initial communication in writing asking for documentation of the debt. If a consumer knew this batched debt comes on computer tape in groupings of thousands, sometimes millions, of accounts with little or no original documentation, they might respond more confidently.
When contacted by telephone and bullied with a false lawsuit, many consumers out of honesty and ignorance of the FDCPA admit to the undocumented debt and make the debt collector’s task easier.
While the debt collection attempts of the original-creditor credit card companies are not covered by the FDCPA, those of junk debt buyers and their collection agents are. With a carefully worded letter, like those found in the Credit Card Debt Survival Guide, the consumer can compel these debt buyers to cease collecting the alleged debt. Legally, that includes not placing negative marks on the consumer’s credit report.
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