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got DV back from Portfolio

Date: Wed, 12/31/2008 - 06:43

Submitted by sphere
on Wed, 12/31/2008 - 06:43

Posts: 118 Credits: [Donate]

Total Replies: 27


okay guys...thought I'd share with you what I got back from Portfolio....

Dec 19, 08

Dear Sphere

RE: Verification info concerning PRA acct/Ref ###### Seller/creditor: HSBC

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

Acct Number #### and its proceeds were sold, assigned and transferred by the seller to portfolio recovery assoc. LLC on 6/24/2008. At the time of the sale, the seller provided an elect file of its business records concerning this account. According to the sellers records, there was due and payable from Sphere to the seller in the sum of $$$ with respect to the account, as of 6/24/2008, there being no known un-credited payments, just counterclaims, or offsetsaginst this account at the date of its sale.

addtl info:

acct holders name: Sphere
acct last 4 digits of SS#: ####
Date acct opened by seller: 9/26/2006
Current balance: $$$$

then it gives all the contact info, address to send payment..etc.

it says down here that: This letter is from a debt collector and is an attempt to collect a debt. Any info obtained will be used for that purpose.

on the back is a Notice: as required by law, you are hereby notified that a negative credit report reflecting on your credit report may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligation.


and then some laws for Cali, Colorado, Maine, Mass, New york and North Carolina.


So, everything I asked for...they didn't send. I requested a complete account history, including all purchases, payments, fees and interest. I asked for the original contract between myself and the alleged CC company....

To me...this doesn't seem like they gave me the info that I asked for...or did they?

What do ya'll think???

Thank you...Sphere


Quote:

So, everything I asked for...they didn't send. I requested a complete account history, including all purchases, payments, fees and interest. I asked for the original contract between myself and the alleged CC company....


None of that is required under the FDCPA. You can ask but likely won't receive outside of a courtroom. Was anything they sent you on the OC's letterhead? If not, I would follow up with another DV stating the you do not accept that as validation.


lrhall41

Submitted by NASCAR_Devil on Wed, 12/31/2008 - 06:51

( Posts: 4671 | Credits: )


nope...it was all from Portfolio...I've never gotten anything from the OC...LOL...weird.

So I need to send another letter..certified of course....along with a copy of the first one I sent??

Also they are the same ones who after I sent them a cease communication via phone calls...continued to blow up my cell phone (I don't have a home phone) they called several times a day....it was really crazy. They also have already placed thier account on my CR, without sending me anything. I wrote them because I saw them on my CR. ugh...this is such a frustrating mess....

Thank you!!


lrhall41

Submitted by sphere on Wed, 12/31/2008 - 06:58

( Posts: 118 | Credits: )


Okay, mailed off my reply to Portfolio today...put in there that they have not provided any validation, and they continue to call my cell phone after I had asked them not too. I sent a copy of my original DV letter to them and highlighted that section, just in case they have problems reading it...LOL....

I guess I get to wait and see now...just wanted to keep you updated on it...

Thanks


lrhall41

Submitted by sphere on Tue, 01/13/2009 - 11:48

( Posts: 118 | Credits: )


Depending on what they send you, or if they do not respond at all..the next letter you should send, use the letter they sent to you as ammo. In the letter they sent to you, it stated:

Quote:

Acct Number #### and its proceeds were sold, assigned and transferred by the seller to portfolio recovery assoc. LLC on 6/24/2008. At the time of the sale, the seller provided an elect file of its business records concerning this account.


So in the next letter, point that out and ask for a copy of the documentation of the sale and for copies of the business records pertaining to this account....after all, if they actually have them, you are entitled to them. Now it was said above that technically they do not have to provide all that info, which is true. But you just point out in the letter that you can force the production of these documents either if they sue you, or you sue them for violations.

Now, if they verify with the CRA's, you have them for that violation, plus you have them for the repeated calls....you could sue them. Let them know this.


lrhall41

Submitted by goldenbast on Tue, 01/13/2009 - 12:01

( Posts: 2884 | Credits: )


Golden...yes, I sent a copy of the 1st letter I sent them, a copy of what they sent me and a new letter telling them that I am demanding strict proof. I also put in there that I specifically asked for them not to call, and since they got my 1st letter, they've been calling non-stop. I also told them that they placed there info two different times on my CR and re-aged it to look like 6-2008. I will be sending all my CR a letter soon as well.

I didn't sign anything with them, agreed to anything therefore...I don't owe them.

I was disputing with the OC as well..I never knew about a card with them...and according to them, there were no payments ever made on it....so...my guess is that goofy woman that uses my info took out a card...and so now I'm stuck with it...ugh...I've learned alot from you guys here and I'll get this one handled quickly.

Thank you


lrhall41

Submitted by sphere on Wed, 01/14/2009 - 07:38

( Posts: 118 | Credits: )


Quote:

I was disputing with the OC as well..I never knew about a card with them...and according to them, there were no payments ever made on it....so...my guess is that goofy woman that uses my info took out a card...and so now I'm stuck with it


If that is the case, then you need to claim ID theft on this account.


lrhall41

Submitted by NASCAR_Devil on Wed, 01/14/2009 - 08:52

( Posts: 4671 | Credits: )


That's why I think I've got 3 CC in my name that I never knew about...and a bank account...it all showed up on my CR this year...and a payday loan which I would never do...I wouldn't have needed to anyway.

I've never had probs like that before...well, yea I did. about 3 yrs ago. JCPenney wanted almost 10 grand from me for the same chick buying a housefull of furniture and used my ID's to do it. They gave her the stuff, and a card...and she didn't pay for it..LOL..of course....so when they came after me...I was like..noo way do I owe that.

I sent in my SS card and current driver's license...and they took it off my CR within 1 WEEK!!!! everything...it was simple to fix. I filed a police report...never heard a word about it....

but now...this is different. Much more of a hassle. It seems after I let my house go back...forclosure ya know. The house was very old, I couldn't replace the roof, floors and all sheetrock (black Mold) on a regular person's pay..so I let it go back. believe me, it was worth it in the long run. I had a very sick kid from that house, since we moved, no sicknes nor allergies like it was. She was taking 4 shots per week...now, NONE!!!


lrhall41

Submitted by on Wed, 01/14/2009 - 10:12

( Posts: | Credits: )


Hey Everyone ! I've missed ya'll....okay my friends...here's what they sent back...finally...

Dear Sphere:

Re: Dispute Investigation
PRA Account/ Ref No: ######

In our previous letter to you, we requested that you send our company additional infromation pertaining to the account referenced above so that the Disputes Separtment could complete the investigation of the alleged dispute.

To date, we have not received this information and cannot complete the investigation.

Since we have not recieved this information, we are terminating the disputes investigation pertaining to this account and our company will no longer treat this account as a disputed account.

The account is being returned to the collection floor and our reps will be instructed to pursue the outstanding balance due on this account.

If you have any questions, please contact the disputes Dept. at 1 800......

Sincerely,

Disputes Department


This letter is from a debt collector and is an attempt to collect a debt. Any infromation obtained will be used for that purpose.



Okay, sooooo...what freaking info are they asking for? I never recieved anything expect the last letter that I only got after I DV'd them first from showing up on my credit report!!!

SO, I'm going to write them again, then fire letters off to the credit reporting agencies and I guess I"ll give them copies of my green cards where I've been disputing this and getting nowhere.

Although, I must admit, they stopped calling my cell phone, well, for the time being anyway.

So, what do ya'll think about this one??? They are still not giving me anything...and I thought they had to prove I owe them??? LOL....yeesh


lrhall41

Submitted by sphere on Tue, 02/03/2009 - 07:56

( Posts: 118 | Credits: )


they do.i would start looking into NACA.NET and find a consumer attorney who will work on a contingency basis and go after these cretins.ENOUGH IS ENOUGH!!!!!!!!!!!


lrhall41

Submitted by paulmergel on Tue, 02/03/2009 - 08:07

( Posts: 15514 | Credits: )


Hey Paul!! I was going to call around to some today. This is ridiculous...I mean, I DV them and they want me to prove thier case for them...that is so silly.

but, I guess a consumer atty can tell me what violations if any I have on them...this is such a stinkin mess....

Oh, but I did argue down an old bank account with the bank, it was one where someone automatically withdrew money for some boat parts...I made the bank refund the money, I proved where I was and that I didn't allow the transactions....anyways...from 500+ down to 55.00 wasn't bad...I was needing to run more errands so I paid the 55 bucks, got reciepts and left. Yea for me right..LOL...oh no, gets better...those hineymunches apparently turned the balance to Transworld Collections who have been blowin up my cell phone..LOL...they started calling a week after I paid it off!!!

but I have the reciepts where I paid the bank directly...so when they send me something in the mail..I'm going to send copies back...isn't that crazy...pay one off and another pops up!! Crazy man...crazy!


lrhall41

Submitted by sphere on Tue, 02/03/2009 - 08:14

( Posts: 118 | Credits: )


yeah,i dealt with that about 1 1/2 yrs ago.every now and then i'll get a strange call,but no follow ups.so keep doing what your doing and it will work itself out.


lrhall41

Submitted by paulmergel on Tue, 02/03/2009 - 08:29

( Posts: 15514 | Credits: )


yea....everytime I try to knock one of these debts out, another comes up....it's crazy. Needless to say, that bank account is CLOSED..and they put in my "file" or whatever it's called that anyone trying to use my info must show 3 forms of ID and I had them put some obsceure password on there as well...hopefully noone can try to do anything else at that bank with my info again. sooo, I do feel better about that one.


lrhall41

Submitted by sphere on Tue, 02/03/2009 - 08:51

( Posts: 118 | Credits: )


okay, so I was wandering around and read this...and it really made me mad....so anyone can say you owe them any amount, but it's up to you to prove to them that you don't? Well, in that case..I'm going to fire off letters to random people saying they owe me money...if they have to prove they don't owe it...Ugh....this is crappy

Debt Collection Laws: How to Dispute a Debt Demanded by a Debt Collector
Legal Requirements of a Creditor???s Notification and Your Response
By Lahle Wolfe, About.com


You Must Prove You Do Not Owe the Amount

If you dispute the amount owed within the thirty-day requirement, a debt collector may not contact you further, without sending proof of the debt first.

Unless you have sufficiently provided proof that the bill has been waived, paid, or is of a different amount, a debt collector can reopen your case simply by sending you a copy of the bill from the original creditor.

The burden of proof that the debt does not exist, or has been resolved, is on you.


lrhall41

Submitted by sphere on Tue, 02/03/2009 - 12:57

( Posts: 118 | Credits: )


I was just reading this and it is the exact same thing I got when I requested a DV. It also was a HSBC account and I got the same generic letter sphere got from portfolio. Change the dates and personal info and its all the same information. Guess that's their standard DV form.


lrhall41

Submitted by on Fri, 02/06/2009 - 13:47

( Posts: | Credits: )


Well, I'm now suing Portfolio for exactly this type of behavior.

I DV'd them back in June 2008. I got the same type of "verification" back from them. Just something typed, on their letterhead mind you, saying, basically, "yes you owe this much and here's us telling you why." No copy of a contract or any proof they are entitled to collect on it.

This letter was dated June 10, 2008.

I sent them a letter back saying, basically, "Awww, nice try. Not good enough. Try again!" I told them I could send out letters to people all day long, on my own letterhead, saying they owe me money and why. But that doesn't make it true.

My response was dated June 20, 2008.

I heard nothing else from them.

Skip ahead to January 2009. I get another collection letter from them dated January 19, 2009 telling me, basically, "It's tax refund time and I should go ahead and use my tax refund to pay them money for a debt they refused to properly validate!"

I have until February 17, 2009 to do this.

So, I talked to an attorney yesterday and I am suing them for continued collection activity when not properly validating a debt. My attorney told me a letter on their letterhead telling me I owe them money is not good enough. They need to provide something from the OC.

Like a statement or, even better, a signed contract!

Fortunately, for them, they are reporting this item on my CBR reports as disputed or we could get them on FCRA violations too.


lrhall41

Submitted by FloridaRon on Sat, 02/07/2009 - 18:22

( Posts: 1190 | Credits: )


Exactly...I sent them another certified letter last Friday..copied everything they have sent me, everything I have mailed them. I put in there they are attempting to collect on a debt that is clearly disputed, yet they are knowingly refusing to properly validate anything. Then I told them that my po box will be closed this week because I'm moving..LOL..they're going to luv me for that. I told them the only way to contact me is through email, or not at all since I will have no forwarding addy...I'm sure that will mess them up.

But yea...they are not giving me anything other than..you owe us...$$ however much it is...I should write them a formal letter saying they owe me $$ and then when they want to know why...LOL..I won't validate it!!

They are still reporting on my Credit reports..but not as disputed...Hmmmm, maybe I've got one there then...I didn't even think about that...I'm trying to get more info out of them..maybe I need to seek a consumer lawyer to see if they can even report it...see they also apparently re-aged it too..it's something old..cause I've not had cards in a very long time...but on my CR it says June 08....


lrhall41

Submitted by sphere on Mon, 02/09/2009 - 08:28

( Posts: 118 | Credits: )


Yeah, I need to update that. I wasn't able to get my Experian report online, until they sent me some password in the mail. I guess they had trouble verifying me when I ordered it.

So I pull it, and guess what? There's Portfolio reporting on it as a collection account, and they don't show it as disputed.

So now I can add an FCRA violation to their list of errors.


lrhall41

Submitted by FloridaRon on Mon, 02/09/2009 - 09:27

( Posts: 1190 | Credits: )


yep, same thing that they are doing to me. I actually put in the last cert. letter..that I've asked for 2 pervious validations, and now they are asking me to prove the debt. I also put in there that if they were collecting according to the law, they'd have all the info and not need anything from me.

We'll see how that goes. My next move will be to forward that stuff to the credit reportingagencies and have them look into it...they probably won't get anything done, but I'm sure that is what I should do next.

they are shadey I think..but that's my personal opinion. Asking me to give them information...ugh...how silly.


lrhall41

Submitted by sphere on Mon, 02/09/2009 - 11:09

( Posts: 118 | Credits: )


Guess what....I'm baaaack!

OKAY, Update everyone. I pulled my reports yesterday and Portfolio shows that it was "disputed and consumer disagress"....then, low and behold, it shows I made a 100.00 payment this month! Really, I don't have a bank account...so I'm wondering how that happened...why would I pay something I sent many certified letters denying it was my debt? Interesting....

my guess they re-aged the account. I'm guessing I need to sue them now...cause I can't trade in my car due to this crap being on my CR. It's caused me to be declined credit. Ugh...

How have you guys been??? I've missed ya!


lrhall41

Submitted by sphere on Thu, 09/17/2009 - 08:18

( Posts: 118 | Credits: )