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Portfolio Recovery Win! Thanks RobertEG!

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inthematrix
Regular Contributor

Re: Portfolio Recovery Win! Thanks RobertEG!

Yes, if you've already paid the debt, a GW request is the way to go.


Starting Score 7/5/10: 498 (EQ)
Current Score 659 (EQ) 699 (EX) 712 (TU)
Goal Score: 700 (for now)


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Message 11 of 18
CCOCD
Valued Member

Re: Portfolio Recovery Win! Thanks RobertEG!

They tried to sue me a few years ago and I decided to pay a lawyer instead of them.The judge ruled with prejudice against Portfolio because they couldn't prove I woed them a penny.

Well they started calling agin this year so I called the lawyer who handled the case and NOW i am suing Portfolio Recovery for harrasment.I have taken pictures of every caller I.D. I have of them.I tole my lawyer I want them to leave me alone.They have only called 3 times since he filed but he said they were digging their own grave.



Starting Score: 672
Current Score: EQ ? TU 698
Goal Score: 725


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Message 12 of 18
miguy22
Established Member

Re: Portfolio Recovery Win! Thanks RobertEG!

Let us know if this turns into a class action Smiley Happy

 

I'm sure many many people would be on to sign a few papers.

Message 13 of 18
CCOCD
Valued Member

Re: Portfolio Recovery Win! Thanks RobertEG!

I will let my lawyer know people are interested.



Starting Score: 672
Current Score: EQ ? TU 698
Goal Score: 725


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Message 14 of 18
RobertEG
Legendary Contributor

Re: Portfolio Recovery Win! Thanks RobertEG!

I would tread softly on the harassment issue.

You have a circumstantial case of "harassment," based on your assumption that the debt collector's failure to comply with your direct dispute was an admission that they did not, in fact, have actual collection authority.  Maybe they did, maybe they didnt.

 

If the debt collector did, in fact, have legitimate collection authority, then nothing related to credit reporting or any provision of the FCRA or FDCPA requires them to cease collection activities.  You are taking a gamble, in court, with such an assumption.

 

If you want them to cease communication with you, then your legal recourse is simple.  Just send them a letter under the provisions of FDCPA 805(c), providing them legal notice that they must cease all further communication with you.  Send it CMRRR, since their date of reciept triggers the statutory ban.

Message 15 of 18
Anonymous
Not applicable

Re: Portfolio Recovery Win! Thanks RobertEG!

I would appreciate it if someone could help me find RobertEG's 623 template..........................

Message 16 of 18
CCOCD
Valued Member

Re: Portfolio Recovery Win! Thanks RobertEG!

Thanks for the input.Always nice to have a different perspective on things.



Starting Score: 672
Current Score: EQ ? TU 698
Goal Score: 725


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Message 17 of 18
RobertEG
Legendary Contributor

Re: Portfolio Recovery Win! Thanks RobertEG!

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes, as required elements of this Notice under 16 CFR 660.4(d), the following::

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; make sure to include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

 

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you,  to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute,  and report back to me the results of your investigation within 5-days of your completion of your investigation.” 

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA §623(b)(1)(E), to promptly notify the credit reporting agencies of correction of this information, or of its deletion from my credit file.”

 

Message 18 of 18
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