[zpcg05]

Hi all, let me first start by saying this site is great , with all the resources and help it provides. With that being said here is my situation. I started cleaning up my credit about 45 days ago and i have made vast improvements (due soley to this site). I am having trouble with one CA though. I will start at the beginning. The CA is Portfolio. I live in Florida. This alleged debt appears on my credit report different ways. Transunion: They are reporting as a factoring company. Dispute resolved by credit grantor. Experian: Recent payment $300.00. Dispute resolved by credit grantor. Equifax: ( here is the real problem)
They show it as ok,ok,ok,ok etc... and then last month 120 days late. They are also reporting as factoring company. On MYFICO they are not reporting in collections but in my accounts and are showing paid for the month of june late 120 days last month and the prior 2 years paid as agreed. So this hurts my score because it shows recent payment missed.Ever since i dved them they started reporting miss information according to the first time i checked my CR. After i Dvd them this is what they sent me back.
We are in receipt of your recent request for additional information pertaining to the account referenced above.
Original creditors name: XXXXXx
Original creditors address:xxxxxx
Account holders name : xxxxxxx
Account holders address:xxxxxxxxx
Date of loan: 2/11/04
account holders last 4 digits of SSN:xxxx
PRA purchased this account :11/29/05
The current outstanding balance is :xxxxxx
no other relevant info on this page. just blah blah blah
next page:
Affidavit of ownership and sale of claim:
State of Virginia
City of Norfolk ss.
I the udersigned , XXXXXX, administrative manager , for pra,LLC herby depose ,affirm and state , to the best of my understanding and belief:
1. I am an authorized employee of PRA, LLC, (account assignee) which is doing business at Riverside Commerce Center 120 corporate blvd. Norfolk, Va, and i am authorized to make the statements , representations and averments herin.
2. According to the account records provided to the Account Assignee by Providian National Bank(account seller), there was due and payable from My Name, (debtor) to the account seller the sum of $xxxx.xx with respect to account number xxxxxxxxxx
as of 11/29/05
3. According to the account records of the said account assignee, which account records are maintained in the ordinary corse of business, the account, and all proceeds of the account are owned by the account assignee all of the account sellers intrest in such account having been sold,assigned and transferredby the account seller on 11/29/05. Further , the account assignee has been assigned all of the the account sellers powere and authority to do and perform all acts necessary for the settlement, satisfaction,compromise,collection or adjustments of said account and the account seller has retained no futher intrest in said account or the proceeds therof, for any purpose whatsoever. At the time of the sale and assigment of the said account by the account seller, there was due and owing the sum of $xxxx.xx there being no known uncredited payments, just counterclaims or offsets against the said debt as of the date of the sale.
Signed and notorized.
My response to this was
To Whom It May Concern, PORTFOLIO RECVRY&AFFIL
May 14, 2008


In response to your letter dated April 22, 2008. Please see attached.

Please be advised that I am not requesting verification that you have my mailing address, name or other information. I am requesting a validation, strict proof, signed contracts, account records that are maintained in the course of business. That this is competent evidence that I have some contractual obligation to pay you.

Also you reported that I made a recent payment in the amount of $300.00 (Three hundred dollars. And no cents) on account xxxxxx I have no knowledge of. So I am requesting validation and strict proof that I made that payment. Reporting false information to credit reporting agencies is a strict violation of the Fair Credit Reporting Act. Violation of the Fair Debt Collection Practices Act, Defamation of Character, and Negligent Enablement of Identity Fraud.

You (PRA) are also reporting as a factoring company on my credit reports. This is a violation of FDCPA 15 USC 1692e. You have also reaged this alleged account which is a violation. You have reported on this alleged account that this is a loan account. I never applied for a loan with this company nor yours.

Upon completion of your investigation and or lack there of please report correct information to the Credit reporting agencies and remove this derogatory information. Reporting false information is a violation.

At all times it is inconvenient for me to talk with you on the phone, you may freely contact me, but must limit such contact to written correspondence.

Under no circumstances are you to telephone my residence, attempt to contact any members of my family, household, place of employment, or anyone else, regarding any matter concerning the collection of a debt you alleged is owed to your company or to your principal/customer/client.

Now no response from them. Where should i go from here they keep validating my disputes with the CRAs and the way they are reporting. Thanks to any and all that can help.

[jlynn]

Originally Posted by zpcg05

On MYFICO they are not reporting in collections but in my accounts and are showing paid for the month of june late 120 days last month and the prior 2 years paid as agreed. So this hurts my score because it shows recent payment missed.

MyFico reports are crappy at best. What they show, is not necessarily how it is really being reported. You will have to pull a new report directly from the corresponding bureau.

Portfolio tends to do nothing until you sue them, but Florida has a lot of collection laws that I am not really super-familar with. Maybe one of our resident Floridians will chime in.

[Enigma]

Their affidavit does not rise to the Best Evidence rules. However, you must sue them.

Perhaps a phone to their counsels office with a statement that a lawsuit is in order as well as discovery.

[Enigma]

FL 627.4137 Disclosure of certain information required, works wonders.

[zpcg05]

Okay i recieved a response from them here is what it says.
Dear XXXXX,
PAR is in receipt of your second validation request or dispute concerning the account referenced above. In our response to your initial communication, we provided validation of the account,as required by federal case law.Specifically , the courts have stated that verification of debt involves "nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed" See Azar v Hayter,874 F.Supp. 1314, 1317(N.D Fla.), aff'd 66 F.3d342 (11th Cir.1995) ,(blah blahblahblah and Chaundry as well, they quoted a bunch of case law) .
The following information is provided for your review:
Account Holders name: XXXX
Original Creditor: XXXXXX
Date Account Opened:xxxxx
Date of last payment:xxxxx
PRA date of purchase:xxxxx
Original creditors charge off date:xxxxx
If you are alleging fraud or identity theft, our company requires and Identity Theft Affidavit Sample letter attached(NOT ATTACHED) and a copy of a police report to be submitted as part of the investigation related to this account.
If you are alleging another type of dispute, please provide additional documentation to explain the nature of your dispute. Documents may include any of the following: pay off letters, settelment letters, and closure letters from the original creditor or subsuquesnt agencies: written statments/dispute letters cancelled checks or copies of other payments previously applied to this account.
Please send of fax these documents no later than 25 days following date of letter
if we do not hear from you by 25 days following date of letter we may consider this dispute resolved in favor of our company and resume collection efforts.
The balance stated above reflects the account balance as of the date of this letter.
This is a communication from a debt collector.

No how do i respond to this. Ive been reading on this site , is it a violaition for them to quote case law? Also they didnt answer my questions about how they are reporting ie.. factoring and reaging my acount.

[zpcg05]

Jlynn, sorry maybe i was unclear on how i stated some of my info. The factoring reporting is showing up on 2 of my reports i pulled directly from the CRAs. The reaging is also showing up on two of my reports directly from CRAs.
I would love to sue them just for the point not the money.

[zpcg05]

Enigma, you say i must sue them, i want to, im good at reading this informaiton but i have no idea which way to go from here.You say to call there legal counsels but i would not want to say anything damaging if i could and do go to court. Your link talks about insurance and insursed how would this reflect to me?

[Enigma]

Originally Posted by zpcg05

Enigma, you say i must sue them, i want to, im good at reading this informaiton but i have no idea which way to go from here.You say to call there legal counsels but i would not want to say anything damaging if i could and do go to court. Your link talks about insurance and insursed how would this reflect to me?

They may or may not have liability insurance coverage. If they do, under the statute I quoted they must provide you that info. Most companies settle when you start poking around.

[zpcg05]

Enigma is this statue something i would ask for from there counsel in writing or something i would ask for on a lawsuit?

[jlynn]

Originally Posted by zpcg05

Jlynn, sorry maybe i was unclear on how i stated some of my info. The factoring reporting is showing up on 2 of my reports i pulled directly from the CRAs. The reaging is also showing up on two of my reports directly from CRAs.
I would love to sue them just for the point not the money.

They are reporting a payment history, including a 120 day late directly on Equifax?

[zpcg05]

Jlynn, yes they are reporting okokokokokokokokook for the past 12 or so months then 120 days late on my CR.

[robseattle]

I am going through the same thing, I am sending validation letters and I am sure I will have to deal with the morons at the CA as well.