Response to DV letter seems pretty weak

Do you see any errors in the information provided by the attorney? Basically, you will understand from the details whether the lawyer has your correct info or not. Check this out.

Yes, I do. In his initial communication, he cited a debt amount that was $600 higher than in his reply to the DV.

:shock: :shock: :shock: :shock: :shock: Tell said attorney to reread FDCPA
since he seems to be suffering from dementia. Validation on any debt is sent to the collector from the original creditor. Collector forwards data to consumer. If there is nothing in writing from oc,debt has not been validated. If oc cannot validate,collector cannot collect. Read up on validation sections of the law and send letter to attorney disputing this garbage that was sent.

I tend to have trouble with the "legal-ese", but it does appear pretty clear to me that he's trying to pull a fast one. ("cajunbulldog, you owe me a million dollars. Here's proof: I said you owe me a million dollars. So pay up.")

In any event, I am thinking that a dispute is in order, but I'd still like to hear a few more opinions.

:mrgreen: :mrgreen: :mrgreen: :mrgreen: Yep that's about how strong his proof is! You could type up a bill on your letterhead and say hey knucklehead,where's my money? :wink:

The next correspondence to them you need to state according to fdcpa "xxxxxxxxx; copy and paste the validation part of the law right into your correspondence. If he can't validate it, he can not collect it.

Actually, judging by a strict reading of the fdcpa's validation section, I think he's technically adhering to the letter of the law. Of course, the spirit of the law is another matter... obviously, I'm not just going to take his word for anything, especially since his client is portfolio recovery associates, which has a very bad reputation.

Cajunbulldog is laughing at my post. If I owed someone a million dollars, I wouldn't be laughing, I'd be trying to come up with the money. C'mon, buddy, snap to it. Chop, chop. :wink:

Where is my signed contract,blood sample,dna sample,and lien on first born? You know I gotta have copies of all that to validate your debt properly! :mrgreen: :twisted:

I was reading that acceptable validation is providing one valid item like providing the name and address of the original creditor. Is this true? Of course if the amounts don't match your records, I would continue the dispute process.

Well from my experience paperwork to prove a debt must come from the original creditor.

Otherwise anyone with basic office and imaging software can create documents and say look you owe me money.

At this point, I'm planning to send a letter back asking for documentation proving that the debt exists. I'm carefully avoiding using the word "dispute", both for legal reasons (I want to save the dispute process for later) and because, frankly, in my opinion, there's nothing to dispute yet because they haven't given me anything to disagree with.

I do believe that they have to prove they own the debt. I don't know if it has to come from the original creditor. You may want to call your attorney generals office and ask them this question.

Oh, I agree with you completely, Fed Up... that was the point I was trying to make when I told Cajunbulldog that he owed me a million dollars. :-) I'm planning, at this point, to ask for documentation, as I said, and if they don't give it to me, then I'll dispute. I don't think I need to contact the AG just yet, but I'm keeping it in mind. Thanks for the reminder.

Why don't you contact the original creditor? They can probably tell you who they sold the debt to. Keep in mind that debt collection agencies buy and sell debt frequently so depending on the age of your debt, this may or may not be the first resell.

The way I see it, it's the collector's job to prove that they're entitled to my money, not mine. *shrug*

I think they did. I do not believe they are under any obligation to provide anything more than they did. If you don't believe them, that's why I suggested contacting the original creditor because they may be able to help you out with your inquiry.

No, they didn't. No one has given me any documentation about this debt at all, that's my point -- and I've been asking for over a year, which is pretty fishy.

If they haven't coughed up docs in over a year,I really don't think they have them.Ignore poster saying to help collector get his paperwork straight. I am with you if he can't prove it,he is to lose it.

Cajun:

I was referring to the original post which Padawan recieved the following response:

"This debt originated as a Providian Bank Visa [account number]. The account was opened on [date]. the credit card was charged off on [date] at a balance of [x dollars]. The last payment received from you was on [date]. Providian sold this debt on [date]. portfolio recovery associates, LLC, on whose behalf we are authorized to collect this debt, is now the owner of this debt.

Providian Bank's mailing address is P.O. Box 660509, Dallas, TX 75266-0509.

The validation required by law is contained in this letter. The other data you requested is not required to be furnished by us in a validation response."

My point was that the above statement is correct. They furnished all information that they legally have to in order to continue collecting the debt. It is possible that Padawan decides this is not proof enough so he/she does not pay, then later ends up getting served. I was simply suggesting that if he/she actually wants these documents, contacting the OC would be the best solution.

Just one girl's opinion...[/quote]

Rach,
That is correct in the letter of the law,but not in the spirit of the law. I can type you up a statement like that any day of the week.The additional docs we are looking for would be what you would request in a legal battle with them. Valid assignment or purchase of debt,statements,payment history,contracts,etc. You are looking for docs from original creditor to confirm that debt collector has a valid debt to collect and that collector has the legal standing required to collect.

Cajun:

I am not trying to offend or start anything but in the interest of me remaining helpful, the letter of the law is all the courts care about (when deciding judgements). It seems that Padawan now has a choice to make...to pay or not to pay and take a chance of being sued . I only mention getting served because I know for a fact that PRA does take people to court over debts and Providian will be sure to cough up the agreement at that time (Banks are required to keep documents on file for 7 years). Padawan can count on it.

I am simply stating that there aren't many judges that will take a doc from a collector as the gospel.Now if collection attorney shows up with some of the mentioned docs,then yea someone would be in a bind.

PRA (PORTOFOLIO RECOVERY ASSOCIATES)WAS A CLIENT in my account natwest from 1992 with another collection
agency ltd 77074.now the client is EMCC,INC and PRA AGAIN IS a collection agency.more illegal is harassing the wrong person.(my husband)
thanks cajunbuldog for send me today 559.72 florida
statutes about violations against consummers rights.
cajunbuldog you really are great!

You're all forgetting that validation isn't the end of the process. If the attorney doesn't give me any proof, I can (and will) dispute, at which point the attorney is required to cease collection activity unless and until he can give me verification from the OC. There is no danger of a lawsuit at this point, assuming he complies with the fdcpa -- and if he doesn't, well, we know where that goes.

Portofolio Recovery Associates complaints in who called
us.TELEPHONE 18007721413.

PORTOFOLIO RECOVERY ASSOCIATES MORECOMPLAINTS.

http://www.debtconsolidationcare.com/ltdfinancialservices-16.html

I've been asking for documentation for sixteen months and haven't gotten any. Yesterday, I got notice of a lawsuit, and I sent yet another demand for the documentation... if I don't get any and they proceed with the suit, I'll just demand the documentation yet again when I show up in court. By now, I seriously doubt that they have any.

I will say again dv response is weak and they can go pi## up a rope before I would pay without documentation.I would rather go to court.

I agree with Cajun. If they cannot provide you with the other documents to validate this debt other than a piece of paper that my mom could have typed up for them then would much rather go to court and let a judge decide.

Yep, that's exactly what I'm going to do. When I opened up the envelope yesterday and saw what it said, my first reaction was to think of Neo's first confrontation with Agent Smith in The Matrix. "You can't scare me with this gestapo crap. I know my rights."

That is a good point, they resell debt all the time, I think some of it is won in a card game, LOL. I am having a hell of a time getting proper debt validation from CACH.

Portofolio recovery associates have no right
To call my house after stealing money(1050,00)
With ltd 77074 from my husband social security
Disability.this is white collar bad debt collectors
And my husband is not in this account and this
Account is in my name tania alvarez,from 1991new
York city and i lived in miami 11 years.
This account from fleet,westminister bank and
Now portofolio?this account was overpaid already
And the payments was not report to credit bureaus.
I have all checks here and government didnt care.
Thanks debt consolidation care members for
Care about us the injustice consumers.
Sorry about my english and thanks for all great members of this forum to give justice to us.
Thanks!!!
God bless all of you that every day and night
for helping us.
Thanks!!!

http://800notes.com/Phone.aspx/1-800-772-1413#pF6yMPSYpfAAaGwjJgOt-_g

Hi again Tania--

being from 1991 makes it past the statute of limitations, that would be the best line of defense for you. The next time anyone contacts you about this debt, inform them that they are trying to collect a debt past SOL and that they need to get lost. Also, I would recommend sending them a letter, certified mail return receipt, informing them to cease and desist any and all contact with you immediately. They cannot take you to court legally over this account unless you do not bring up the SOL issue. So, in that letter, inform them that the SOL is long expired on the debt, and to leave you alone. If they continue to contact you after getting a C&D letter, it is then harassment, and you can then sue them yourself. If you need examples of such a letter, please let me know, and I will put one up for you that you are welcome to use if you like.

THANKS!!!
IF YOU WANT TO PM A LETTER FOR ME WAS WONDERFUL.

PORTOFOLIO RECOVERY ASSOCIATES IS ALWAYS DOING ILLEGAL THINGS.

portfolio recovery associates CALLING MY HOUSE AGAIN FOR AN ACCOUNT OF 1991!!!
"PORTOFOLIO RECOVERY ZOMBIE ASSOCIATES."

http://www.whocalled.us/lookup/8007721413
PEOPLE ARE VERY ANGRY WITH PORTFOLIO RECOVERY
ASSOCIATES.

Contact Legalmatch.com. They will locate an attorney in your area that defends "debtors". Check statue of limitations in your state. An attorney sued me for a disputed credit card debt that was 11 yrs old. First I filed as indigent which I was, then the attorney filed against the attorney ($3000 for me) then the collection agancy ($3000 for me again)It took several months but worth every minute. In my state, the collector MUST have the signed agreement the the original debtors or the sol is cut in half. You can also demand that the debtor or collection agancy cease & decease CALLING you. Send registered return receipt req. letter to STOP calling you at any telephone number and DON'T answer their phone calls as they will swear that is a legimate contact & canceled the last date of activity which may be with in the sol (Statue of limitations). It takes time but somehow we must fight back & rein in these A*******.

Actually by law it is required for a CA to provide documents from the OC and forward it to the requester. Further, there are a couple of court cases you can site (case law) isn't it? I had the relevant ones at one point but my hard drive blew up and the doc that had all the info was lost..now I have to go through all that research once more.

But there is case law in existence that the judge found that proper documents from the OC was required...you just gotta go find them :D

THANKS!!!

:D

I have the same problem with Portfolio buying old debt from Providian. Actually by law they have to supply all information requested. I didnt see in info supplied there registed agent number for the state you live in. By law they have to prove they r registered to do business in your state. Also they MUST provide original copy of signed contract. There are a few other thing that need be supplied such as billing statements. You need to file with FTC which really is a waste but to have a paper trail u should do. Then file with your states attorney general but most important file with your states banking commission because they dont fool around they will take their license to practice away. I had similar problem with another collection company that wouldnt even respond to any of my requests for verification I complained to FTC to no avail then the attorney general with same results but the attorney general did do something good hooked me up with the Illinois banking and regulations commission and within about 2 weeks of them investigating bam not only was collection company off reports but the OC was also off reports and nobody has bothered me since. You definately need to have copies of USPS dates and follow the 3 bureau complaint rule send out 1 st then 2nd and then final complaint. Have all this paperwork send to them along with copies of complaint to attorney general. I betcha get rid of Portfolio Recovery. Thats what Im doing. Remember Portfolio buys debt for pennies on the dollar and takes chance that they can recover full balance or even 60%. Most collection companies that buy dont have paperwork and dont want. Companies who collect for OC yes they have and can get.
Collection companies who purchase debt make money how? By offering payoff deals and scaring people into paying. That one dollar you owe OC they bought for 10 cents if even. Remember also when OC wrote debt off they lost nothing they already made in interest and now they just took that money and saved money in income tax.

i wish that i could my daughter to be still so that i could question her regarding portfolio recovery. i just quit working there about 6 months ago and she knows about all their shady practices. (that's why she quit). you know, they are looking for help and i just might apply so that i can get the first hand look at them :twisted:

portfolio recovery associates IS A VERY BAD AND ILLEGAL COLLECTION AGENCY.
THESE PEOPLE HARASSED A WRONG DEBTOR HERE BLIND AND MENTALLY ILL FOR AN ACCOUNT OF 1991 THAT IS ONLY IN MY NAME AND IS PAST SOL ALREADY BECAUSE THEY TOOK ILLEGALLY MONEY FROM MY HUSBAND A NON DEBTOR HERE IN 2004-2005 AND THEY TRY TO TELL ME IN THEIR LETTERS THAT I PAID THEM WITH MY CHECK BUT THE NAME OF MY HUSBAND IS NOT TANIA ALVAREZ.
I DONT USE CHECKS.I HATE CHECKS.I LIKE DEBIT CARD AND MONEY ORDERS.I HAVE ONLY 1 (ONE)ACCOUNT IN WASHINGTON MUTUAL FOR ALMOST 12 YEARS AND MY HUSBAND
HAVE A CITIBANK ACCOUNT.YOU HAVE NOT A JOINT ACCOUNT
AND MY HUSBAND WAS FORCED TO PAY LTD 77074 AND PORTFOLIO RECOVERY ASSOCIATES 1050,00 FROM HIS CHECKING ACCOUNT IN CITIBANK AND I THINK IS A CRIME TO GARNISHED MONEY FROM A NON DEBTOR AND FROM A
DISABILITY CHECK EITHER.
YESTERDAY AT 8:06 AM PORTFOLIO RECOVERY ASSOCIATES (18007721413)CALLED MY HOUSE AND THE COLLECTOR DID NOT SAY A WORD AND THEY WAKE UP MY HUSBAND BECAUSE I FORGOT TO TAKE MY PHONE OFF THE HOOK.
MY HUSBAND IS SLEEPING A LOT TODAY BECAUSE I DISCONNECTED MY PHONE.
GRANNY I'M VERY HAPPY FOR YOUR DAUGHTER BECAUSE SHE
IS NOT WORKING WITH PORTFOLIO RECOVERY ANYMORE.
BAD COLLECTIONS AGENCIES WITH BAD COLLECTORS ABUSED GOOD COLLECTORS LIKE YOUR DAUGHTER THAT ARE GOOD AND HONEST PEOPLE.
RONSEZ2 THANKS FOR YOUR GREAT ADVISES.

Somewhere (I think) there is an FTC opinion letter that states that validation is supposed to be things like original statements, original agreement, etc. etc. You need to write a letter back to the attorney and include this. You might also check the Statute of Limitations on open accounts in your state. Quote him this statute as well if the debt is too old to be collected. Also, there is case law that says it is a violation to mischaracterize debt that is too old to be collected or 'past SOL'. Good luck Hope this Helps.

ABOUT portfolio recovery associates...
"RESPONSE TO DV LETTER SEEMS PRETTY WEAK."

I need someone to contact me about my Portfolio Recovery account ASAP

Lucy...if you could provide more details, we might be able to assist you. We are not Portfolio. We are a forum devoted to helping people get out of debt.

PRA has called my house several times (a day) asking for my mom. When we asked who was calling, they would say they couldn't give that information and that they wanted to speak to my mom. My mom doesn't speak english, so we would try to obtain information on her behalf, trying to find out why she was receiving these calls and from who. Then we started receiving letters collecting more than $3000 in "dept" but we never received any information on what was the dept, from where, since when, or what was it that was purchased that was never paid. Until now, we have no idea how we're $3000 in dept for...
The times we've tried contacting them they want us to verify information, which I don't feel very comfortable doing since this all seems to be a pretty big scam... Or identity theft ...

Guest, get their address and send them a Dv letter along with a C&D letter, send this by cmrrr.