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professional recovery system on my credit report

Date: Sat, 05/03/2008 - 08:39

Submitted by anonymous
on Sat, 05/03/2008 - 08:39

Posts: 202330 Credits: [Donate]

Total Replies: 16


I sent a DV letter that I got from this site after I was sent a threatening letter to sue. The letter was not from an attorney but on an attorney letter head. I pulled my credit report again today and low and behold the company mentioned in the subject is on my credit report for Bally's fitness. I never got a response for the debt validation and they still went ahead and put it on my credit report after the fact. It has a date opened of 01/2008 and reported 04/2008 with terms of 1 month and an installment. It also says collection as of 04/2008.

Can they do that? The attorney in the letter I got a few months ago said their client was Bally's and never mentioned Professional Recovery System. Nothing was ever on my credit report until after I sent the DV letter. Did they sell it to PRS? I know I already got the law office on a number violations.


I would say you do.
1. Continued collection activity while disputed (reporting to a consumer reporting agency is considered collection activity)

2. If the date you applied with Bally's was not 1/08 then that is a violation on each credit report.

3. It is an open ended account so one month term would be incorrect and it is not an installment loan it is a collection account

Looks like you have them on 1 fdcpa violation and possibly up to 27 FCRA violations.


lrhall41

Submitted by JCEMT on Sat, 05/03/2008 - 09:08

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WOW!! Not to mention that in my state it is illegal for a debt collector to report on a credit report in their name.

I went to Bally's 2 times and canceled the membership within the time period. They still kept billing me and I kept calling them. I finally canceled the credit card to stop them. that was after a few months. I am almost certain that it has been 6 years ago, SOL expired. So I don't think they can sue me over it. If I went 2 times, they still expect me to pay the whole thing? Such BS. I have done searches and seen others had the same problems as me.

Can I sue the attorney and the debt collector at the same time seeing as they both are participating? Or do I have to do it separate?


lrhall41

Submitted by on Sat, 05/03/2008 - 09:22

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I have been pretty much waiting for them to violate the law purposely. In the second letter I got from the attorney's office, NOT signed by an attorney. They said that if I didn't respond in 7 days they where authorized to file suit against me by their client. They listed their client as Bally's not PRS. Plus in my state it is against the law to use a sheriff in the collection of a debt and they told me to contact their paralegal who is their county sheriff. I have a lot of violations on them plus all the attorney's website is is about their business in debt collection and that is all they do. So by law in my state they are also required to be licensed and they are not.

I already filed a complaint with the FTC in early April on the Attorney's office. So I may have to call again.


lrhall41

Submitted by on Sat, 05/03/2008 - 09:47

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OK I just looked at my trans union report and PRS is not listed. They are only listed in the inquiries as:

PROFESSIONAL RECOVERY SY
720 SOUTH COLORADO
SUITE 700 SOUTH TO
DENVER , CO 80246
(303) 575-6900

Requested On:01/15/2008
Inquiry Type:Individual
Permissible Purpose: COLLECTION

That above address is not the same one listed on my Experian report. The one on my Experian report is listed as:
Professional Rcvy System
600 17 st. suite 2600-s
Denver CO 80202
No phone number.


lrhall41

Submitted by on Sat, 05/03/2008 - 14:38

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I'm not sure if they truly had permissible purpose. I remember something to the effect that only accounts that resulted in credit being issued to an individual (such as a credit account in collections or a entity reviewing a person's credit worthiness to extend credit to them.


lrhall41

Submitted by JCEMT on Sat, 05/03/2008 - 17:48

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I didn't think it was permissible either. Anyway, I have been looking up old lawsuits against debt collectors. So far I am making out good. I never once got a phone call or a letter from PRS. I only got the 3 letters from the attorney. It states "demand for immediate payment is hereby made. if payment is impossible please contact this office NOW to discuss a mutually acceptable method of payment". It does also have the 30 days to dispute disclosure but also says to give it my immediate attention and do not underestimate the serious of this matter. The second letter says I have not responded and that they recommended the creditor pursue legal action in court. If they do it will be for all court costs, interest and principle indebtedness.

Call me stupid but the letter is not from an attorney, it is on an attorney letter head though. They can't tell the client to file suit if they are not an attorney. Second they say "creditor" and have Bally's listed. They are not even dealing with Bally's, the creditor, they are dealing with a debt collector who was NEVER mentioned. Telling me to call the office NOW is also threatening. Also I think I read it is misleading saying to pay NOW but yet giving me 30 days to dispute, but I can't find the suits.

The third letter says seeing as I failed to pay, they have been authorized to file suit. This one is signed by the attorney, or a facsimile signature anyway. They said call in 7 days or they are filing suit, that was April 2nd and nothing happened yet, except for PRS showing up on my credit report. I did send a dispute to Experian, so I will see what happens.


lrhall41

Submitted by pokertramp on Sat, 05/03/2008 - 19:37

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I got the E-Mail from Experian today and they have deleted Professional Recovery Systems from my credit report.
Credit Items
PROFESSIONAL RCVY SYST
Account Number: 29.... Outcome: Deleted

Now what should I do? The attorney who said they where going to sue me never mentioned PRS. But PRS. listed on my credit report for the same account the attorney listed. Now that is deleted and not verified, should I go after the attorney?

Also should I go after PRS even though they didn't verify the account and it got deleted?


lrhall41

Submitted by on Thu, 05/22/2008 - 07:24

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I do not believe they can do so legally, but sometimes the credit reporting bureaus have oversights intentionally or unintentionally.

If they were to reinsert the trade line then you can contact the credit reporting bureau to request the collection agency's method of validation.


lrhall41

Submitted by JCEMT on Thu, 05/22/2008 - 20:10

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