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Yes, if you've already paid the debt, a GW request is the way to go.
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.
Let us know if this turns into a class action
I'm sure many many people would be on to sign a few papers.
I will let my lawyer know people are interested.
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.
I would appreciate it if someone could help me find RobertEG's 623 template..........................
Thanks for the input.Always nice to have a different perspective on things.
“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.”