Portfolio Recovery Win! Thanks RobertEG!

[inthematrix]

I sent Portfolio Recovery two 623 letters back in December for two separate tradelines they had listed on my credit reports. They wrote back immediately deleting one but said they were investigating the other and requested additional information from me (I did not respond). After the 30 days were up, I wasn't sure what to do and RobertEG wrote me a fantastic letter that I tweaked and shot off to Portfolio Recovery's Compliance department.

Today I got a letter in the mail from PR saying they're removing the tradeline from all 3 CRAs.

Thanks so much to RobertEG for your invaluable help!

[IrishPM]

Great news! I've taken them on the past too and won. Great feeling, isn't it?

[Anonymous]

Way to go...they had one of my old accounts from Mastercard...$400....they were so rude to me .....luckily it dropped off my report....congrats again

[RobertEG]

Congrats!

One of the things about the new direct dispute process is that it only went into effect 0n 7/1/2010, by publicwtion of 16 CFR 660.4.  It was strongly opposed for years by the creditor lobby.  They are trying to find ways to get around strict compliance, so I am not surprised that they intitially gave you a hassle.

Good job on your followup!

[miguy22]

Would anyone be willing to PM me the information they used? I really want to get rid of these guys. I'm down to Midland and PRA, so far the toughest baddies I've taken on.

[purseman]

Hi inthemaatrix,

Congrats!!!!! Can you PM me that letter?

[WIDSMI]

PLEASE PLEASE PLEASE pm me the info as well or post here

[inthematrix]

I'll post the first letter and the followup here and PM the compliance dept email address I used. The first letter was sent via snail mail, CMRRR. The 2nd letter I emailed to the Director of the Compliance department.

All credit for the letters goes to RobertEG

Letter 1:

Portfolio Recovery

120 Corporate Blvd

Ste 1

Norfolk, Va 23502

This is a Notice of Direct Dispute under FCRA 623(a)(8).

The account and associated information disputed is:

1,603 listed on Experian, Equifax and Trans-Union. 

Portfolio Recovery Acct#[redacted]

Original creditor: First National Bank of Omaha

I have never had an account, loan or credit card with First National Bank of Omaha. This is not my bill.

Your investigation of this dispute, and your reporting back to me of the results, is required to be completed within 30-days of this notice per FCRA 623(a)(8)(E)(iii).

Sincerely,

---------------------------------

Letter 2:

Re:       $1,603 listed on Experian, Equifax and Trans-Union. 

Portfolio Recovery Acct#[redacted]

Original creditor: First National Bank of Omaha

This is notification that you are in non-compliance with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

As a brief background, I sent a "Notice of Direct Dispute" under FCRA 623(a)(8)(D) and 16 CFR 660.4(d) to Portfolio Recovery on December 8, 2010.

In that Notice of Direct Dispute, I included all of the requirements of FCRA 623(a)(8)(D) and 16 CFR 660.4(d), namely: identification of the specific information that is disputed, my basis for the dispute, and  relevant information reasonably necessary for you to act on this dispute.

In response, I received what I regard as an unreasonable request from Portfolio Recovery:  that I describe in detail when the "event" occurred and fill out an identity theft affidavit.  I have no reason to believe that identity theft occurred—it is more likely that Portfolio Recovery has simply assigned this debt to me in error.  And the “event” was fully described by me in my Notice of Direct Dispute as being YOUR posting of a collection to my credit report.  Since I assert that I never had a debt with the alleged original creditor, I thus have NO way to "describe in detail" an event that never occurred.  What is required in investigation of my direct dispute is that YOU show that you had a legitimate collection assignment or sale from the original creditor.  I don’t have any such documents in my records to prove a negative.

You have only two options under FCRA 623(a)(8)(E) or (F), as further clarified under 16 CFR 660.4(e) and (f), respectively.

First, if you now hold to your contention that my direct dispute "did not contain sufficient information to investigate the disputed information,” you must then have, under 16 CFR 660.4(f), held my dispute to be legally "frivolous or irrelevant."  That determination required a written Notice of Determination back to me, within 5-days.  You did not do this.

Second, absent formal dismissal of my direct dispute, you had an obligation under FCRA 623(a)(8)(E)(III) and 16 CFR 660.4(e)(3) to report the results of your investigation back to me within 30-days of the date of my Notice of Direct Dispute.  You did not do this.

As you have not exercised either option, you are now in violation of FCRA 623(a)(8)(E)(iii) and 16 CFR 660.4(e)(3).

Unless your very prompt compliance with the disposition of my direct dispute is received, I will be forced to use civil and administrative remedies to seek your compliance.

Sincerely,

[inthematrix]

WIDSMI, purseman, and miguy22, check your inbox!

[miguy22]

I really appreciate the information.

Now I just have to draw up my own letter being I already Paid in Full the debt they came after me for last year, I just want it removed so I need to GW them I do believe.