topic Re: Portfolio Recovery/Transunion in Rebuilding Your Credit

Portfolio Recovery/Transunion

Anonymous — Wed, 19 Nov 2008 21:56:51 GMT

I have found some HI on my husband's credit report (I looked because we have been getting some weird numbers on our caller ID and they never leave messages) It seems as though Portfolio Recovery has been hitting his TU credit report about every 90 days or so. Does not imply what the permissible purpose is on the inquiry, nor any information about the account they would be pulling the account for. I called Transunion to ask what the criteria was for a CA to make a hard inquiry, and they said they just needed to have a business account with them. So basically what I understand is that they could do a HI to look and locate anyone. They do not have any burden of proof that they have real permissible purpose. So these JDBs are just looking for the best opportunity to collect on SOL accounts that may or may not even be yours. I looked on the TU website under the business section and it touts what it can do for the CAs. The only way to make the JDB to stop the inquiry is to pay (up to $10)to put a freeze on the account, so every time we seek credit we'd have to pay to remove it and then repay to put it back on. This just sounds insane to me. I am not sure if we will put the freeze there, but it annoys me that they can get away with this and keep calling and do not leave a call back number.

Message Edited by snackcakes on 11-19-2008 01:56 PM

Re: Portfolio Recovery/Transunion

Anonymous — Thu, 20 Nov 2008 01:47:28 GMT

I'm currently suing Transunion for allowing HI without PP. And I'm also suing the JDB. It's a pain to get them to go away.

Re: Portfolio Recovery/Transunion

Anonymous — Thu, 20 Nov 2008 05:54:42 GMT

snackakes, You can send them this letter and put evey date that they pulled your CR. If they do not delete all of them then you can sue them!

Non-PP Puller Company
Address
City State Zip Code

To Whom It May Concern:

I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.

[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]

Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"

You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.

Please contact me immediately at the address listed below.

Sincerely,

Consumer
Address
City State Zip Code

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 25 Nov 2008 17:59:55 GMT

Will writing such a letter give them a permissible purpose or allow them more information on how to contact us? There is nothing on my husbands credit report that is adverse as I spent 2001 & 2002 paying off things and clearing up things that were inaccurate. I just do not want to find something new placed on his credit report because of this letter. We are doing some upgrades to our home so we can refinance when it is complete so I want our credit reports perfect.

Thank you for your information.

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 25 Nov 2008 18:14:53 GMT

Writing the letter does NOT give them any new rights, including PP that they don't already have (or not have).

I would also send a DV letter to the CA stating that you have just found these inquiries, you consider them collection activities, they have already violated the FDCPA 809 (information about debt within 5 datys of contacting customer) and you intimate to Validate whatever alleged debt they think they are collecting for or stop their activities.

I would also send them alongside a letter notiying of violation of FDCPA 809 and ITS for $1,000.

this should help you find an amicable agreement with them.

Message Edited by demed on 11-25-2008 10:14 AM

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 20 Jan 2009 20:45:17 GMT

Yesterday I received a call asking for my husband, I said he was not home. The woman on the other end of the phone line asked if I was his wife I said "yes I am, who is calling" she didn't say where she was calling from, but started rambling on about the call being recorded etc. she said I am calling about a debt from **** I simply said that does not exist (we have been checking our credit reports annually since we got married) She said "ma'am we don't go around calling about fairy tale debt, I told her she shouldn't be talking to me about someone else's debt in the first place. She said "you married him didn't you?" I said "yes I did" she said "well you married his debt too" "don't you remember for better or worse, richer or poorer" she then asked if I had the money to pay as I was hanging up. What are the laws even if this were a valid debt, should she be giving me any information about it? I can't even call my husband's credit card company to confirm receipt of payment..Could some one let me know what the laws of this are? Thank you in advance.

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 20 Jan 2009 21:18:57 GMT

#1 you are not legally responsible for debt incurred before getting married

#2 the CA committed a FDCPA violation discussing your spouse's debt with you

#3 the CA must send your husband a dunning letter within 5 days from the call (check the postmark on the envelope if one arrives).

if in 5-6 days you receive a dunning letter, send the am DV letter CMRRR.

if the dunning letter does not arrive within 7-8 days (5 + transit time), send them a DV letter and a notice of violation of FDCPA 809 for not sending the prescribed communication. then file complaints with the BBB (online), AGs in both states, the FTC.

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 20 Jan 2009 21:39:08 GMT

Thank you for your reply. We have not received any letters from these people, certainly not within 5 days.. I will keep an eye out in the mail to see if they mail anything. She was very rude, and raising her voice to me. If this debt has ever been real (we are not sure if my husband's ex-fiance opened any accounts in his name) it is not on his credit report, however I believe these are the people pulling Hard inquiries on him. We shall see if they send us anything in the mail.. Thank you again

Re: Portfolio Recovery/Transunion

Anonymous — Tue, 20 Jan 2009 22:45:27 GMT

I am pretty sure the CA has the authority to discuss the debt with you or a spouse.

Re: Portfolio Recovery/Transunion

upinflagstaff — Wed, 21 Jan 2009 05:39:40 GMT

Porfolio Recovery Associates sold my out of SOL debt to another, worse, CA when I DV'd them. The new CA failed to send a dunning letter within five days of contact, violated the FDCPA by calling after I informed them in my DV letter to only contacti me via mail and then I discovered they are not licensed to collect in my state (AZ) at which point I filed a complaint with AZDFI for unlicensed collection activity, which included photos of my caller ID. So far, it's "pending" according to the state. I just may gather my quarters and double down by forwarding all of this to the FTC and make another copy for their state AG.

Just know that PRA might appear to fold, but they will be handing this off to a JDB.

Message Edited by upinflagstaff on 01-20-2009 10:39 PM

Re: Portfolio Recovery/Transunion

Anonymous — Wed, 21 Jan 2009 14:11:37 GMT

In regard to a DV letter.. they are not listing this as a collection or debt on my husbands credit report, I just see them pulling a hard inquiry every 90 days. I suspect it is to locate him, or to get him to call them to find out why it is that they are pulling his report. What kind of letter could we send to the CAs to get them to remove the inquiries as in my opinion, they have no real permissible purpose. There has got to be some sort of protection from Junk Debt Buyers.

Re: Portfolio Recovery/Transunion

upinflagstaff — Wed, 21 Jan 2009 15:03:44 GMT

You can send a DV based upon their CR pull. You can also send a non-pp letter. For PRA I sent a DV based upon a phone call. Any communication from a CA should be sufficient to trigger your right to request validation.

Re: Portfolio Recovery/Transunion

Anonymous — Wed, 21 Jan 2009 15:20:37 GMT

i have considered the inquiries to be triggers before, and notified the perpetrator of non-PP and asked for DV. i have also complained t=with BBB, AGs and FTC about non-PP and found them effective.

Re: Portfolio Recovery/Transunion

Anonymous — Fri, 26 Feb 2010 20:40:52 GMT

I called Portfolio Recovery Associates, at their (local)# 757-519-9300 and asked for their fax number and they wouldn't give it to me. Then I called back and asked to speak to a rep about my case, a lady named edited came on and I told her that I needed to verify their fax number, I asked is your fax number (757) 321-2505 and the lady said yes, I said are you sure, and she said yes. Then, I called back and asked another rep, is your fax number (757)321-2506 and the rep said yes. This clearly shows me that they are lying and don't want anyone to have their fax number. I called back and asked for Wilson lady and she came on, I told her that I was a debt collector trying to recover some money that she owes for a sears credit card. Isn't your name edited, she said yes but I don't have a sears account. So I said I'm only an employee here at BRP and it shows here that you owe $1255 to sears and it shows on your credit report as no payment has been made. She freaked out and said that she works for a collection agency and she knows all the little tricks that these companies play. I said so your familiar with the process and that Portfolio Recovery Associates reports to the credit bureau when they shouldn't be doing so. She stayed quiet told me to remove that immediately from her credit report. So I said, let me have your fax number and I will fax you the information right of away so you can see for yourself. So she said (757) 321-2504.

LOL

I believe she was saying the truth this time

I verified online in a forum, that someone else had this same number

Message Edited by llecs on 02-26-2010 03:40 PM