Ok, so I did the validation route with Portfolio Recovery concerning a debt that I know is not mine. Now I have lost 17 points on Experian (through Credit Expert) and the Credit Monitor says that Portfolio Recovery has reported a collection on 8/12/02!!!!! I (of course) can't get in to see my report because Credit Expert is down again, but if I find out that they have reaged and re-reported, I am going to sue, sue, sue!!! This is under dispute - I have the copies of my report stating so, and of course it is illegal to reage. I am not happy - but strangely so, am somewhat looking forward to the battle.
Exactly. That is the attitude. Don't let the buzzards get you down. Sounds like you have ample evidence...go get 'em. Relax, CE will be up shortly. Good Luck! -Peace, Dave
OK, here is an update that has been a long time coming. This account, which for those of you who don't know, has been on all three reports. It reports as opened in November of 1998 but reported to the CRA's since February of 1997. I have disputed as not mine since supposedly it was opened in a state that I was not in at the time. It was deleted off of TU but remains on EQ and EX. I requested validation of this account starting in July of 2002 - nothing. Requested again in Aug, and then September - still nothing. I also called the supposed original creditor, and they confirmed that I have never had an account with them. Right now, it is reporting as follows: (On EQ) Portfolio Recovery Associates ASSOC-XXXXXX INDIVIDUAL ACCOUNT Last Activity 02/1997 Open Account **No open date** 120+ DAYS PAST DUE $803 Prior Paying History 30 days past due 00 times; 60 days past due 00 times; 90 + days past due 01 times; CONSUMER DISPUTES-REINVESTIGATION IN PROCESS COLLECTION ACCOUNT (ON EX) PORTFOLIO RECVRY&AFFIL Address: 120 CORPORATE BLVD STE 1 NORFOLK, VA 23502 Account Number: XXXXXXXXXX.... Original Creditor: ASSOCIATES FINANCIAL SERVICES Status: Collection account/Account charged off. $803 written off. $803 past due as of 12-2002. Status Details: This account is scheduled to continue on record until 2-2004. This item was verified on 11-2002 and remained unchanged. Date Opened: 11/1998 Type: Installment Reported Since: 02/1997 Terms: NA Date of Status: 07/2002 Monthly Payment: $0 Last Reported: 12/2002 Responsibility: Individual Credit Limit/Original Amount: $803 High Balance: NA Recent Balance: $803 as of 12/2002 Recent Payment: $0 Now I have a couple of questions for anyone who might know. It appears that on one report, it is showing as an open, past due account not yet charged off, but on the other, as a charge off. Am I correct in seeing it this way? I ask because I am gathering what I can for my small claims suit. They have continually verified that this is my account with the CRA's even though they have provided no proof that this is the case. I am fuming over this and am tired of waiting. Can the discrepancy in how this is being reported add to the case? Or does this even matter?
It may matter to some extent but you seem to have a solid case and I would see about suit instead of just fuming about it.
I am filing suit. I guess it would have helped to include that, huh? I just wonder if I need to have the documentation of the current reporting discrepancies available for the judge?? I have a court date set in May, but I have hoops to jump through first. Portfolio has no registered agent here in California, so I have to go through the Secretary of State's office in order to get approval to serve the CEO of Portfolio. So...do I need this additional info or is my case solid enough with the lack of validation and continued reporting?
You need all the ammunition you can get. You simply have to prove that they have committed a series of violations of the law that cannot be attributed to mere one time clerical error but rather is a pattern of violations that are much more than mere error. Have you planned for discovery yet? If not you should think about doing that. What you would basically attempt to do is to demand certain records be provided by the defendant for your perusal such as call records for certain dates on which illegal calls were made to your home, all records pertaining to your case, proof of their right to pursue collection of this debt, whatever. You will need to check your RCP to see how many questions you can ask him and plan them well. Some jurisdictions will allow only maybe 20 or 30 questions in discovery. You don't want your questions to be to burdensome upon them because if you demand too much then they can and probably would file for protection from your questions. They very well might do it anyway just on General Principles so you need to be able to prove what it is that you hope to prove if they are forced by the court to answer your questions. And in the actual discovery itself you need to be able to ask questions that if answered would put them in the position of having admitted their guilt so you don't have to prove that in court. Court cases are won or lost behind the curtains, not in the courtroom itself much of the time. Reading these message boards may make it seem like all you do is fill out a few papers and whang them on their pointy widdle heads but if one deludes himself into believing that he is usually in for a rough time indeed. There are some good books out there in the bookstores dealing with discovery and they are written by experts in that phase of litigation alone so although they are a bit expensive they are well worth the money. Another good source of material is the Federal Attorney's Manual and that has a lot of good stuff in it. I'm not trying to discourage you in any way. Au Contrare, I just hope I can help you get better prepared with some of my suggestions of what to look for.
I have a listing for portfolio recovery with an open date of 00/00 on equifax also... seems like a pattern to me.
Oh, that date is quite logical. There was after all a period of time between B.C. and A.D. Some say about 33 years or so. So 00/00 would have to have fallen during the time between B.C. and A.D. Perfectly understandable and especially when dealing with the credit bureaus. Damned Neanderthals anyway!
