[saas_1gatorfan]

Hello All, I have been reading all of the post here. What a helpful sight. I am in need of some advise as I am trying to validate my debt. I am currently dealing with a company in Norfolk, Va by the name of Portfolio Recovery Associates LLc. I send them a letter requesting the validate a debt on my Cr and they responded within the 30 days but I still don't feel that this debt has been validated. Below are a few of the things I asked for, not in so many words but I don't have the original on me currently.

Please provide me with the following:

# What the money you say I owe is for;
# Explain and show me how you calculated what you say I owe;
# Provide me with copies of any papers that show I agreed to pay what you say I owe;
# Provide a verification or copy of any judgment if applicable;
# Identify the original creditor;
# Prove the Statute of Limitations has not expired on this account
# Show me that you are licensed to collect in my state
# Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act
* Violation of the Fair Debt Collection Practices Act
* Defamation of Character


This is what they responded with....

Dear xxx xxxxx,

Re: verification information concerning PRA account/Ref No:XXXXXXXXXXXXXXX
seller/creditor; WAMU

The following is being provided in response to your recent communication concerning the account referenced above.

account number xxxxxxxxx and it's proceeds were sold, assigned and transfered by the seller to portfolio recovery associates llc on 1/xx/2008. At the time of sale, the seller provided an electronic file of the business records concerning this account.
According to the sellers records, there was a payable from Mr. Xxx xxxxxx to the seller in the sum of $2xxx,00 with respect to the account. as of 1/25/2008 there being no known uncredited payments, just counter claims, or offset against this account at the date of the sale.

Below that it shows additional info:

Account holders name provided by seller .....Xxx sxxxxx
Account Holders Last four xxxx
date account opened
Current balance.

My questions is this.
Is this account validated being they were given some type of electronic file? Also, does that mean since WAMU sold the collection account. They are not legally allowed to report on my credit report as this cA is already reporting. Please help as time is of the essence.

I am ready to send off another letter requesting one last time that they validate the debt and if the cannot. I think my next step is to mail the credit agency's and let them know that this company was unable to validate this debt. Please let me know any pointers etc that might help me with this. I am determined to get this off my report and will not tire soon.

[tickedoff]

Im not sure how to vote, but no, it doesn't validate the debt.

I suggest sending a letter.

State specifically that you dispute the validity of this debt in its entirety. Demand that they provide proof, including at a minimum, the following:
1) Evidence that the debt was assigned or sold to them
2) An accounting of the complete payment history of the alleged debt. This is a requirement that appears to have been established in Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

3) A copy of the original signed loan agreement or credit card application.

I also like this language which I adopted from a web source and used in a letter previously:

"If you are unable to provide me with proper proof as above then you must stop attempting to collect & report this alleged debt. If you continue to claim I owe a debt that you cannot confirm then you will be in direct violation of the FDCPA. Additionally, any attempt on your part to further report this alleged debt to my credit reports will be a violation of the Fair Credit Reporting Act.

Please forward your documentation to me upon receipt of this certified letter. Please note that proper documentation is not simply a print out or bill from you and this debt can not be validated without a contract bearing my original signature . If you are unable or unwilling to furnish said documents then I am ordering you to stop reporting this account and delete it from your records and delete your entry on my credit report(s)."


Good luck!

[Hedwig]

They do not have to provide the signed contract.

Search on the board for validation.

The letter you originally sent asks for way too much information that they are not required to provide.

[Enigma]

They validated the account. It was sold to them. the majority of the items you asked for they do not have to provide.

Are they licensed in your state? Look it up.

[saas_1gatorfan]

So I went to the Florida.biz site and they were not listed on there as being licensed in the state. Does Florida require a license to collect? I was not sure where to look for that. It seems that the verdict is that they validated the debt by sending me a bill with some gargen about them purchasing the debt. I thought that the law states that the "must" provide sufficient proof that this is my debt by providing a signature or something more than they just purchased the account and now I owe them money. What do you guys think? Thanks for the responses so far. I really appreciate it.

[tickedoff]

I disagree. Perhaps they validated the debt, but they did not verify the debt. I believe the FDCPA specifically allows you to demand verification of the alleged debt, and states that you are entitled to a copy of that verification. This seems clear to me that it is referencing written verification which is to be obtained by the CA, from the OC, and a copy sent to you.

That's just my two cents.

[Enigma]

Originally Posted by tickedoff

I disagree. Perhaps they validated the debt, but they did not verify the debt. I believe the FDCPA specifically allows you to demand verification of the alleged debt, and states that you are entitled to a copy of that verification. This seems clear to me that it is referencing written verification which is to be obtained by the CA, from the OC, and a copy sent to you.

That's just my two cents.

The FDCPA gives no guidance on what verification or validation should or should not include.

You need to look to case in your jurisdiction.

[Enigma]

Originally Posted by saas_1gatorfan

So I went to the Florida.biz site and they were not listed on there as being licensed in the state. Does Florida require a license to collect? I was not sure where to look for that. It seems that the verdict is that they validated the debt by sending me a bill with some gargen about them purchasing the debt. I thought that the law states that the "must" provide sufficient proof that this is my debt by providing a signature or something more than they just purchased the account and now I owe them money. What do you guys think? Thanks for the responses so far. I really appreciate it.

They are licensed in FL, this is the licensing website https://cf.fldfs.com/pubinqry/pub2/businesses.cfm

How old is the debt?

Who is the OC?

[robseattle]

I am in the same boat. I am in Texas and thought that the letter, same as yours, would be sufficient. It has been 33 days and no response from anyone. I am fortunate to fall under TFC392. Only problem is, if they are not required to give all of the said information, then what can you ask them to provide?