question about CA reporting on Equifax

I randomly pull my credit report to make sue things are on the up and up.

A while back I had some issues with CA all of sudden coming out of the woodwork. Well, someone charged stuff, etc...I had no proff, other than I know it wasn't me. Police said it happened to long ago (2 years) yadda yadda. they wouldn't take a report...so, here I am, staring at a credit report.

The CA on the report is Portfolio Recovery. I DV'd them a while back when I was getting letters from CA's...So, each time they sent me back a paper just saying their acct number, the amount due and my name. No validation. I sent them (CERTIFIED) several letters asking for more information. I even wrote all three credit reporting agencies, becuase at the same time, an address I've never lived at, in a city I've never lived in showed up on my report as well.

So, on this report it says:
date opened 6-2008
date reported 9-09
date of major 1st delinquency reported 9-08
balance 572.00
actual payment amount 100.00
date of last activity: N/A
activity description: N/A
Date of first delinquency: 6/2007
and under comments it says:
"Consumer disputes after resolution, collection account. "
81-month payment history
No 81-month payment data available for display.
Type of Loan: Factoring Company Account (debt buyer)
<wow, it actually says debt buyer on there>

SO, that seems to me that they say after it was resolved, I then disputed? What? Um, I'm not retarded, but that doesn't make sense to me....I mailed copies of everything I had mailed them, and they mailed back to the credit reporting agencies, mailed a copy to Portfolio copies of everything they mailed me, I mailed them and what I mailed to the agencies...

I disputed it the first time I got something from them, I have every green certified mail card I sent them...copies of everything..so, how do I make them remove this??


Any advise is appreciated! Thank you and have a great day!!

The law requires the CA to report "accurate" information. If it is not your debt, and they cannot prove it, then they should not be reporting. Period. (Easier said then done, however).

Problem with the bureaus is that all they do is send what's called an ACDV (Automated Consumer Dispute Verification) to the CA. If the CA fills out the ACDV and says it's accurate, then the bureaus keep it on your credit report.

You can keep disputing, and threaten to file suit against them for violating the FCRA. Bottom line is that you might have to actually file a lawsuit against the CA in order for them to wake up. In the past, I've typed up the actual complaint I would file in court (about 10 pages), and mailed it to them with a letter saying "If you refuse to correct this, I will file suit against you. So that you know I'm serious, here is copy of my complaint that I will file in court if you persist." Then they let their lawyer look at it, he sees I know what I'm talking about and not just some schmuk making empty threats, and I've always gotten the problem fixed because they don't want to get sued.

Fortunately, the law assists you in your decision by granting you damages of up to $1,000 plus possible court costs and attorney fees, plus if the fraudulent tradeline has caused you employment, higher interest rates, denial of credit, etc., you can add damages to that list.

See 15 U.S.C. § 1681n aka the Fair Credit Reporting Act, Section 616 for specific info.

yes...matter of fact on Experian, it shows a payment of 100.00 being made on 9-2009. Interesting, I've not had a bank account in several years...I know I wouldn't have paid on this anyway....isn't that illegal for them to reage it and make look like I paid?

Would you suggest I file a complaint with the BBB and the FTC first??

Thank you for getting back to me, I really apprecaite your help!

the FTC definitely.also i thought FCRA violations carried a much stronger penalty than 1,000.00.i would look into legal action as the others have suggested.

Hi Paul!! How have you been friend?

Well, I thought after I sent several DV letters certified...that would have ended it...boy was I wrong...so, now it appears as if I paid on this thing this month....bah!

I really don't know where to start...whastever I do, it's sent ceritified....and I'm thinking to look into legal council to sue for violations now.

i'm great.wish it was over for yaz too.yep you might just have to sue them on this one as they more than deserve it.

yep, I think I will have to do a little research on how to file it myself, and if I think I can't I'll go get myself a lawyer....might be worth it in the long run to do so.

You can file a complaint with the FTC; however, they don't particularly intervene on an "individual" basis. They will only intervene when they see a pattern of the same complaints coming in from lots of people.

The BBB is useless, in my eyes. All they do is act as a middle-man - they'll send your complaint to the CA and ask for their response, then they report back to you. If you're not satisifed, then it'll just become a statistic on the BBB's website.

You can very well sue pro se (without an attorney), but you need to be able to write pretty well and make your argument on paper. What I've done before is this --- get yourself a free login with PACER (Public Access to Court Electronic Records). [The login is free, but they do charge 8 cents per page you download] Then you can look-up other FCRA/FDCPA cases. Go into several cases, and you can view the actual complaints filed by other attorneys. Just copy their language, and change the verbage to suit your situation.

well, Experian mailed me a copy of thier report, it clearly states on there verified, which that only took a week...interesting...being I've tried for over a year to get any info from Portfolio....and still nothing.

it says opened June 2008, date of staus Sept 2008 Type: Installment Responability: Individual, Reported since Sept 2008. Last reported Sept 2009.
Terms: 1 months, Monthly payment: NA
Credit limit 535.00,
High balance: NA
Recent Balance: 572.00,
Recent Payment: 100.00.
It states it was verified and Updated sept 2009.

So, Clearly they are making it appear as if I paid on it, which I didn't, I don't have a bank account, nor have I sent anything in. So, since I have this copy and my previous CR copies, I'll be sending out certified letters this week.

i would emphasize the point of you don't have a bank account.make the creditor prove you paid,and how.then look into the suit against the creditor or CA.

and maybe I'm tired or something..but I can't find the specific area in the FDCP where it says anything about re-aging the debts....I may have missed it though...I've been reading all morning long...