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So I have a collection from Portfolio RC on my CR. I am not sure who the original creditor is. Other than contacting them, is there a way to find out.
I'm not disputing it's validity, I just want to know what the collection is for.
I have a feeling it's for an old Buckle card.
The FDCPA requries a debt collector to send a formal dunning notice within 5 days after posting their collection to a consumer's credit report.
The intent is to avoid submarine collections, and give the consumer prompt notice, and thus ability to address the debt.
Did they send dunning notice?
In that notice, they are required to identity the current owner of the debt. If not the OC, they are not required to provide the name of the OC in that notice.
However, FDCPA 809(b) expiressly provides the consumer the right to request the name of the OC as part of a DV. A request for debt validation need not include specific documentation of lack of legitimacy of the debt, and can be sent merely to answer questions such as the one you have.
Any DV you send without prior dunning notice is timely, and will invoke an automatice cease collection bar on them until they provide verification of the debt, and if also requested, the name of the original creditor.
Ar you reluctant to send a DV?
@RobertEG wrote:The FDCPA requries a debt collector to send a formal dunning notice within 5 days after posting their collection to a consumer's credit report.
The intent is to avoid submarine collections, and give the consumer prompt notice, and thus ability to address the debt.
Did they send dunning notice?
In that notice, they are required to identity the current owner of the debt. If not the OC, they are not required to provide the name of the OC in that notice.
However, FDCPA 809(b) expiressly provides the consumer the right to request the name of the OC as part of a DV. A request for debt validation need not include specific documentation of lack of legitimacy of the debt, and can be sent merely to answer questions such as the one you have.
Any DV you send without prior dunning notice is timely, and will invoke an automatice cease collection bar on them until they provide verification of the debt, and if also requested, the name of the original creditor.
Ar you reluctant to send a DV?
It's been on my report for quite some time. I had actually disputed it originally. It came back validated, but did not list the original creditor. They could have sent a dunning notice, because it was opened June 25, 2013.
Should i mail them a DV or try disputing again?
The TL is below...
Account Name PORTFOLIO RC
Account Number 585637080283****
Condition Derogatory
Responsibility Individual
Current Balance $1,327
Original Balance $1,327
Status 9
Original Creditor
Opened 06/25/2013
Reported 10/04/2013
Remarks Placed for collection
Thank you for your help.