Debtconsolidationcare.com - the USA consumer forum

What to do next?

Date: Sun, 05/18/2008 - 02:36

Submitted by anonymous
on Sun, 05/18/2008 - 02:36

Posts: 202330 Credits: [Donate]

Total Replies: 5


I checked my credit reports and found that portfolio recovery associates had an entry on my reports. The entry stated that the type of loan was a "factoring company account" and that a payment of $300.00 had been made, but there was no date of the payment. I was never contacted by them even though they had my address, but they began to call my son's home and leave messages on his answering machine. I sent them a DV letter along with a CD letter CMRRR. I have yet to receive validation from them, yet they continue to report this on my credit report. I disputed this with Equifax and they sent me notice that it had been verified by Portfolio Recovery Assoc. and it would not be removed from my credit report. Since I can't get Portfolio Recovery to validate and they continue to report this on my credit reports, what do I do next?


Do as JCEMT says above. Also you can send a 2nd letter to them, informing them of the violations (verifying un-validated account), plus the fact they are reporting incorrectly with the intent to damage your credit maliciously. This is not a factoring company account at all, it is a collection and should be listed as such! A factoring company account is an account IN GOOD STANDING with a balance due. A factoring company buys these accounts for a reduced amount and then collects the full amount from the owing company (or person). So you can see this is not that type of account.

In the letter tell them that if they don't remove the account you will sue them over the violations. Even if later they do validate the account, you can get them on the reporting the account incorrectly and you still could get them on the violations before, even if they have every bit of documentation validating the account! Doesn't matter if they validate now, they still violated and you can still sue and collect for those violations. Gives you some definate bargaining power!


lrhall41

Submitted by goldenbast on Mon, 05/19/2008 - 01:05

( Posts: 2884 | Credits: )


I have dealt with portfolio--they dont much care for following the law. I suspect in this case that a second letter will not get you very far, but it is probably worth doing anyways, just so you can show that you made extra efforts to get this resolved.

You have several violations on them already:

1--contacting a third party(your son) even after they have your location information, fdcpa violation

2--incorrectly reporting this as a "factoring company account", FCRA violation

3--continuing to verify the account as valid while ignoring a DV request, FDCPA violation

4--Not reporting complete information, such as date of this last payment you mentioned, FCRA violation

There may be others, for example a lot of CA's report collection accounts with the wrong dates. They cannot make up a date for the date the account was opened, they need to put the actual original date of the account. There has been some question on that one, and my info comes directly from the credit bureaus themselves when I called to ask them---"date opened" is supposed to be the date that the account was originally opened, and not the date that this CA obtained the debt and started reporting it. By reaging the debt like that, they try to get around the statute of limitations. Without knowing the rest of how it looks on your credit report, I can only tell you to check each and every piece of info that they have reported on that entry--each one thats wrong is an FCRA violation, as well as anything thats left blank, because they are required by law to report completely and accurately.

Expanding on golden's post, even if you send them a second letter and they correct the report, you still need to save written copies of your report right now, because correcting the violation doesnt change the fact that it happened. So you are aware, the maximum statutory amount you can sue for over FDCPA violations is $1000 total, even if they have multiple FDCPA violations. But, the maximum on FCRA violations is $1000 per individual violation. You can see how quickly they can add up a pretty big total there.


lrhall41

Submitted by skydivr7673 on Mon, 05/19/2008 - 07:24

( Posts: 2036 | Credits: )