CRA deleted by CA pursuit

They cannot re-insert this tradeline without certifying with the CRA's that it is true and correct. The FCRA presribes as such. Moreover, if it is re-inserted, the CRA must provide you notice of the same within five days thereof. Keep in mind that this never happens so keep your eyes on it.

Do not send PRA anything. They will use this to information to "verify" (really validate insofar as they fall under the auspices of the FDCPA in most Circuits) later any dispute or request for validation submitted to them.

Ask them to validate the account and this time, reduce the request to writing CMRRR.

 

Tell them to F OFF!

 

LMAO @ this response....That sums it up.

as apexcrsrv posted, they can re-insert, but the CRA is required to give you written notification within 5 days, which they never do. Keep your eyes peeled and the day it appears, start counting your 5 days, then mail a letter to the CRA CRRR telling them that they violated by not giving you your written notification and they should delete it.

Portfolio is in the same town I'm in and they're hiring....NO EXPERIENCE necessary...lol

 

Try sending them the below listed letter. What ever you do DON'T ever sign anything to them. It's funny how your signature appears magically on contracts. Make them verifi the debt. If they can't then there is no debt. But once you send them the letter you have to stay off the phone with them!!!! This is a must. Please don't call them. Would you give the cops info to convict you of a crime? CAs are the same way "anything thing you say will be used against you". Let me know how it turns out. plz


NAME
ADDRESS
CITY STATE

Portfolio Recovery/PORTFOLIORC
P.O. BOX 12914
NORFOLK VA 23541




11/11/2099 Certified Mail No.:XXXX XXXX XXX XXXX XXXX

To Whom It May Concern:

This letter is being sent in response to a listing on my credit report. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action...

Best Regards



YOUR NAME HERE












CREDITOR/DEBT COLLECTOR DECLARATION


Please provide all of the following information and submit the appropriate forms and paperwork within 30 days from the date of your receipt of this request for validation.

Name and Address of Alleged Creditor: ______________________________________________________


Name on File of Alleged Debtor: _____________________________________________________________

Alleged Account #: _____________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency: ___________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

* Please attach a copy of the agreement with your client that grants PortfolioRec/PORTFOLIORC the authority to collect this alleged debt.

* Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

* Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

* Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

Please provide the name and address of the bonding agent for PortfolioRec/PORTFOLIORC; in case legal action becomes necessary:

_____________________________________________________________



______________________________
Authorized Signature for Creditor



______________________________
Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

 

Look ahead at how this may play out.

If they keep it removed, fine. There is nothing you can do in that case anyway.

They may also simply sell it, in which case you would probably still want to have on record that you disputed and requested validation in writing.

But if they reinsert, as they say they will, based solely on you not providing all the information they requested, you want to hang them with the best rope you can, so you should look ahead to how you would want this to appear in court, if that is where it is likely to end up.

They are basically playing the same game as the above suggested letter, which is to demand more than they should get, in order to coerce you to back off and do what they want: pay them.

They know they have provided you next to nothing on this account, and just as you have voiced your concerns, they expect that no consumers will want to send them all that identification information, whether the account is theirs or not, since the most likely path to getting paid is by their reinsertion.

Their goal is to put pressure on you whether it is really your account or not, in a form where they can still claim it was "your error" if you pay someone else's account, or "your fault" if they reinserted since you didn't send them all your identity information (regardless of what FCRA says about reinsertion).

For all you know, in dunning on an account that is not yours, they may have sent letters to everyone with your last name in the area. Since you know it is not your account, you already have a hint at the quality of any skip tracing they did. They may be perfectly happy getting paid by the next "A. Jones" in a crunch to close on a mortgage, whether they owe it or not.

Their legal obligations hinge on the fact that you only talked to them on the phone, so they don't think they have to do anything at this time to validate. (What happened to their letter required to be sent 5 days after that phone call?) But if you know it isn't yours, you don't have to pull any punches.

With that in mind, fill in your paper trail, keeping in mind how this will appear in court. Dispute the debt in its entirety, request validation and a copy of any judgement, request the name and address of the original creditor, the name and address of the current owner of the debt, and send it in writing, CRRR, so you can prove they got it. Note that the above match the items in FDCPA:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

Since you believe this is NOT your account, you might also request as part of validation specific pertinent information such as a copy of any application used to set up the account, a copy of statements showing the real debtor's billing address, charges including what they were for, date of last payment, etc, that would likely show whether the account was yours or not. But you might leave out requesting irrelevant information such as "commissions", "insurance claims" (unless this is a medical bill), etc, that are not relevant.

It sounds like this was the first letter you got from them, since your only prior contact was either thru the CRAs, or on the phone trying to find out what this account was. Indicate in your dispute/validation request that their letter. that you received on xx/xx/xxxx (enclose a copy), was the first letter you had received from them.

Did their letter include the legally required notice of your rights to dispute and request validation, and request the name and address of the original creditor, and that unless you disputed in writing within 30 days, they would consider the debt valid, as per FDCPA?

If not, that is their first FDCPA violation, although they will probably claim they "sent it to you months ago". (They may have sent a letter to the actual debtor at another address, not you, but that is no excuse for not dealing with your dispute and validation request, since they are attempting to collect from you. You already know they are incompetent if they are dunning you for someone else's bills.)

It may also be a violation if their demands for your identity information "overshadow" your dispute and validation request rights by implying that you cannot dispute or request validation without providing them all that they requested.