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Capital One / Portfolio Recovery / Judgement Mess On My Reports

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jramos402
Valued Member

Capital One / Portfolio Recovery / Judgement Mess On My Reports

I am trying to figure out if all this is being reported correctly or even allowed to be reported at all. Sorry if this is confusing. I will try and be as thorough as possible. I noticed on my reports that Capital One charged off my debt and sold it to Portfolio Recovery. Capital One does not show anything past due only that I had a high balance of $1,038. Portfolio on the other hand is reporting a balance due of $834 showing that Capital One was the OC. Both are using the same account number so I know its not a different account or anything. Portfolio reports the account closed on EX & EQ but remains open on TU BUT Portfolio won a default judgement against me for $1,038. I called the county clerk and am having the case file sent to me but confirmed that this was for the Capital One account. My question is, is all this reporting correctly?? I know the amounts are off so that woukd seem as inacurate information being reported but seeing as how they already won the judgement against me, is there anything I can do?? Can Portfolio still report even after winning the judgement against me?? The reason I ask is I have other judgements and none of those CAs are anywhere on my report. Thanks for any light you guys can shine on this.
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RobertEG
Legendary Contributor

Re: Capital One / Portfolio Recovery / Judgement Mess On My Reports

If the original creditor sold the debt, their reporing of a $0 balance is required, as there is no longer a debt owed to them.  Their reporting does not indicate that the debt was satisified.  If a debt collector has not reported, then your credit report alone will provide no indication of the current status of the debt itself.

 

If the purchaisng debt collector then reportis their collection on the debt, they report the current balance, which is both the amount the are attempting to collection, and the debt owed directly to them.  If they then obtain a court judgment for payment of the debt, that is separate.  They are not required to then delete their reporting of collection on the debt.  So you could have a remaining reporting by the OC of any derogs that occured on their account prior to sale of the debt, such as a charge-off, plus the reported collection, plus the judgment, even though all based on a single debt.

 

Any issues over the amount of the current debt, and whether its reporting is now accurate, can be addressed by way of a dispute.

If the original account agreement authorized continued fees to accrue, such as interest, and/or the court authorized continued amounts, the issue of the current amount increasing could be proper.

The issue of their failure to timely update their reporting is basis for dispute, but the simple showing of inaccuracies in their reporting would nnot alone be basis for deletion.  In any dispute, the furnisher of the disputed information always has the option to correct any inaccuracy.

Inaccurate reporting, if not knowling false when reported and correctible, is not a violation per se of the FCRA. 

 

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