Portfolio Recovery is showing Payments???

[Shyone44]

I just got my credit reports and on EQ I had a $850 CO with HSBC in from 2008 (first deliq. Jan 2008). Looks like Portfolio bought the debt 12/2009. In looking at my report it shows that a $60 payment is being paid every month on the account. I have NEVER ever paid them anything at all. But on the report is shows "Recent payment $60". Doesn't the supposed payment somehow reset the debt every month? I'm also noticing that the debt rose to $922 in Jun 2012, then dropped back down to $789 in Jul 2012. I actually see them doing this on a 2nd HSBC card that CO around the same time. There is a $22 payment being made every month "Recent Payment $22". As a side note, even though they are showing payments being made every month on both accounts, the balances aren't going down either...... This has to be a violation of some kind right??

[madmann26]

These guys are evil and you're in for a fight to get them to delete it.

What they are doing is wrong. I've been fighting with them since 8/2012 to no luck.

Mods:

This needs to be in the rebuilding forum.

[guiness56]

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@Shyone44 wrote:

I just got my credit reports and on EQ I had a $850 CO with HSBC in from 2008 (first deliq. Jan 2008). Looks like Portfolio bought the debt 12/2009. In looking at my report it shows that a $60 payment is being paid every month on the account. I have NEVER ever paid them anything at all. But on the report is shows "Recent payment $60". Doesn't the supposed payment somehow reset the debt every month? I'm also noticing that the debt rose to $922 in Jun 2012, then dropped back down to $789 in Jul 2012. I actually see them doing this on a 2nd HSBC card that CO around the same time. There is a $22 payment being made every month "Recent Payment $22". As a side note, even though they are showing payments being made every month on both accounts, the balances aren't going down either...... This has to be a violation of some kind right??

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Have you paid the OC? 

A CA cannot say you have monthly payments with them.

Is this report directly from EQ or from a 3rd party?  With 3rd party reports, for whatever reasons, sometimes the OC and CA accounts are merged and the CA account will show information from the OC.

If they are in fact showing you made payments and you have not, yes, that is a violation.  And if you were making payments, yes the balance should decrease.

[DaBears]

Now this is werid!!! I just got off the phone with my consumer attorney regarding PRA, They did the exact same thing to me. He filed a FDCPA suit against them last month and I won. Now I have to deal with the OC cause they did the same on the day they sold it to PRA. They posted a $20 payment. 

[chevyman]

Dabears who posted the $20 payment

[DaBears]

The OC.

[Shyone44]

I haven't made any payments to the CA at all. I pulled the reports from EQ, TU & EX directly.  HSBC was the OC and they don't show a payment since Jan 2008. But PRA has been showing payments on the accounts every month since they bought the accounts and the balance hasn't gone down.

DaBears, do you think I should contact a consumer attorney to handle this? Also, is it a violation everytime they post a fake payment or would it be just one violation for each account?

Thanks for your help!!!

[DaBears]

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@Shyone44 wrote:

I haven't made any payments to the CA at all. I pulled the reports from EQ, TU & EX directly.  HSBC was the OC and they don't show a payment since Jan 2008. But PRA has been showing payments on the accounts every month since they bought the accounts and the balance hasn't gone down.

DaBears, do you think I should contact a consumer attorney to handle this? Also, is it a violation everytime they post a fake payment or would it be just one violation for each account?

Thanks for your help!!!

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You should. He will ask to see your reports. The violation is only counted as 1 but if your attorney is good and takes them to court you can recover up to $1000.

Statutory Damages of $1,000

Above and beyond what the consumer may collect for losses related to lost wages, psychological distress, and the like, the FDCPA allows the consumer to recover damages up to $1,000 from the creditor. Since the FDCPA says that the consumer can recover “up to $1,000,” the amount awarded could be less. The court can award these damages if the consumer proves the collector violated the FDCPA, but the consumer does not have to prove that the violation caused any harm. This $1,000 is per lawsuit, not per violation, so if the creditor violates the FDCPA once or multiple times, the consumer still only collects up to $1,000. 

[Shyone44]

Thanks so much DaBears for all the helpful info. I have contacted a Consumer lawyer and I also filed complaints with the FTC & the CA Attorney General too

[DaBears]

pleasure is all mine...Good luck and keep me posted!!!!