topic Re: Portfolio Recovery (UPDATE I FILED STATEMENT OF SMALL CLAIMS) in Rebuilding Your Credit

Portfolio Recovery (UPDATEDELETED I FILED STATEMENT OF SMALL CLAIMS)

Anonymous — Fri, 06 May 2016 16:42:05 GMT

Portfolio Recovery responded to a BBB complaint I have going on with them.

What are your thoughts on this statement?

QUOTE: PRA is a "Creditor" and a "Debt Collector".

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 13:00:00 GMT

What is the nature of the complaint?

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 13:52:20 GMT

@Anonymous wrote:
What is the nature of the complaint?

209 CMR: DIVISION OF BANKS AND LOAN AGENCIES 209 CMR 18.00:

Conduct of the Business of Debt Collectors and Loan Servicers Massachusetts 209 cmr 18:17

(11) A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17: (11) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name.

Re: Portfolio Recovery

Anonymous — Mon, 18 Apr 2016 12:34:27 GMT

This was their exact response...

03/10/2016

Receive Business Response

This communication is from a debt collector: it may contain confidential and/or nonpublic personal information intended solely for the use of the Better Business Bureau of Greater Hampton Roads ("BBB") toward resolution of a consumer's complaint forwarded to Portfolio Recovery Associates, LLC ("PRA") by the BBB; dissemination, distribution or copying of this communication is strictly prohibited.

PRA is a "Creditor" and a "Debt Collector" as those terms are defined in 209 CMR 18.02. As a "Creditor", PRA furnishes account information to the national credit reporting agencies, Equifax, Experian and TransUnion, in accordance with the Fair Credit Reporting Act, Appendix E to Part 1022, Title 12 and Part 660, Title 16, Code of Federal Regulations, and the Consumer Data Industry Association's Credit Reporting Resource Guide and applicable state law.

**********
Disputes Counsel
Office of the General Counsel
Portfolio Recovery Associates, LLC
140 Corporate Boulevard, Norfolk, VA 23502

Re: Portfolio Recovery

Anonymous — Mon, 18 Apr 2016 12:30:39 GMT

PRA left this out when they sited the Massachusetts General Law.

Creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

Debt collector means any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Debt collector shall also include any person who buys or acquires debt that is in default at the time of purchase or acquisition and who seeks to collect such debt directly. Notwithstanding the exclusion provided by clause (f), debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt. Debt collector shall also include a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the enforcement of security interests. Debt collector shall not include:-

(a) an officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor;

(b) a person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for a person to whom it is so related or affiliated and if the principal business of the person is not the collection of a debt;

(c) an officer or employee of the United States or a state of the United States to the extent that collecting or attempting to collect a debt is in the performance of his official duty;

(d) a person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt;

(e) a nonprofit organization which, at the request of a consumer, performs bona fide consumer credit counseling and assists the consumer in the liquidation of debts by receiving payments from the consumer and distributing the amounts to creditors;

(f) a person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by the person; (iii) concerns a debt which was not in default at the time it was obtained by the person; or (iv) concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor;

(g) attorneys-at-law licensed to practice law in the Commonwealth who are collecting a debt on behalf of a client; and

(h) an agent or independent contractor employed for the purpose of collecting a charge or bill owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision of the Department of Telecommunications and Energy or the Division of Insurance insofar as the person collects charges or bills only for the landlord or supervised corporations.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 14:48:55 GMT

@Anonymous wrote:
PRA left this out when they sited the Massachusetts General Law.

Creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

Debt collector means any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Debt collector shall also include any person who buys or acquires debt that is in default at the time of purchase or acquisition and who seeks to collect such debt directly. Notwithstanding the exclusion provided by clause (f), debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt. Debt collector shall also include a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the enforcement of security interests. Debt collector shall not include:-
(a) an officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor;
(b) a person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for a person to whom it is so related or affiliated and if the principal business of the person is not the collection of a debt;
(c) an officer or employee of the United States or a state of the United States to the extent that collecting or attempting to collect a debt is in the performance of his official duty;
(d) a person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt;
(e) a nonprofit organization which, at the request of a consumer, performs bona fide consumer credit counseling and assists the consumer in the liquidation of debts by receiving payments from the consumer and distributing the amounts to creditors;
(f) a person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by the person; (iii) concerns a debt which was not in default at the time it was obtained by the person; or (iv) concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor;
(g) attorneys-at-law licensed to practice law in the Commonwealth who are collecting a debt on behalf of a client; and
(h) an agent or independent contractor employed for the purpose of collecting a charge or bill owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision of the Department of Telecommunications and Energy or the Division of Insurance insofar as the person collects charges or bills only for the landlord or supervised corporations.

Then you need to cite the relevant portion of the law that clearly shows they are NOT a creditor under the definition provided in the law.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 14:55:18 GMT

I'm working on it very hard. Just filed with CFPB, Mass Attorney General and my rebuttal with the BBB. Forwarded their response claiming to be a CREDITOR to all the agencies as well.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 14:58:23 GMT

@Anonymous wrote:
@Anonymous wrote:
What is the nature of the complaint?
209 CMR: DIVISION OF BANKS AND LOAN AGENCIES 209 CMR 18.00:

Conduct of the Business of Debt Collectors and Loan Servicers Massachusetts 209 cmr 18:17

(11) A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17: (11) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name.

To me this means they may only report that they are attempting to collect a delinquent debt, and may not report pay status as anything other than "collection" - I.E. monthly payment history with lates of 30, 60, 90, etc. They may update balances as appropriate, but no more.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 15:14:02 GMT

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
What is the nature of the complaint?
209 CMR: DIVISION OF BANKS AND LOAN AGENCIES 209 CMR 18.00:

Conduct of the Business of Debt Collectors and Loan Servicers Massachusetts 209 cmr 18:17

(11) A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17: (11) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name.
To me this means they may only report that they are attempting to collect a delinquent debt, and may not report pay status as anything other than "collection" - I.E. monthly payment history with lates of 30, 60, 90, etc. They may update balances as appropriate, but no more.

Too Late...I paid them months ago. We had a "transaction" when I paid them in full. And had several "Experiences" before paying them.

Fact is, Mass Law is Mass Law. I will continue to fight this until it's off my reports! I already sent them a letter and told them they have 30 days to remove or I will file a small claims suite...And trust me I will, win or lose, they still will have to show up for court...I have no problem letting the court decide...If they want to go through all of this over a paid collection, then so be it! I am well aware they will fight me to the end of time, but I am willing to do the same. It's my only negative left, I have LOTS of time to concentrate soley on this.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 15:18:36 GMT

The FDCPA defines a creditor as the person or entity that extended you the credit in the first place (in other words, your original lender). Since the FDCPA is designed to protect debtors against third party debt collectors, it does not apply to your original creditor or its employees.

However, there is an exception to this rule. When collecting its own debts, a creditor will not be exempt from the FDCPA if it uses a different name that implies a third party is attempting to collect the debt.

PRA is not the creditor, Capital One was the creditor and PRA purchased the account when it was already deliquent. It was charged off.

They are claiming to be a CREDITOR. They clearly are not.

Re: Portfolio Recovery

kennerchick — Mon, 14 Mar 2016 16:51:39 GMT

@Anonymous wrote:
The FDCPA defines a creditor as the person or entity that extended you the credit in the first place (in other words, your original lender). Since the FDCPA is designed to protect debtors against third party debt collectors, it does not apply to your original creditor or its employees.
However, there is an exception to this rule. When collecting its own debts, a creditor will not be exempt from the FDCPA if it uses a different name that implies a third party is attempting to collect the debt.

PRA is not the creditor, Capital One was the creditor and PRA purchased the account when it was already deliquent. It was charged off.

They are claiming to be a CREDITOR. They clearly are not.

I wish you luck in getting rid of them! They closed their account on our reports, but left them and are still reporting monthly also has a monthly term attached. OC is Capital One and I only had a signed contract with Cap one back then! Just disputed on Experian that they closed an unpaid debt which means they no longer have athority to collect the debt. Cap One is no longer on the reports, they removed themselves after 3 yrs of being there, no reason why, but happy! LOL

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 16:55:37 GMT

@kennerchick wrote:
@Anonymous wrote:
The FDCPA defines a creditor as the person or entity that extended you the credit in the first place (in other words, your original lender). Since the FDCPA is designed to protect debtors against third party debt collectors, it does not apply to your original creditor or its employees.
However, there is an exception to this rule. When collecting its own debts, a creditor will not be exempt from the FDCPA if it uses a different name that implies a third party is attempting to collect the debt.

PRA is not the creditor, Capital One was the creditor and PRA purchased the account when it was already deliquent. It was charged off.

They are claiming to be a CREDITOR. They clearly are not.
I wish you luck in getting rid of them! They closed their account on our reports, but left them and are still reporting monthly also has a monthly term attached. OC is Capital One and I only had a signed contract with Cap one back then! Just disputed on Experian that they closed an unpaid debt which means they no longer have athority to collect the debt. Cap One is no longer on the reports, they removed themselves after 3 yrs of being there, no reason why, but happy! LOL

Thanks! I'm trying.

Re: Portfolio Recovery

Anonymous — Mon, 14 Mar 2016 22:00:04 GMT

@Anonymous wrote:
PRA left this out when they sited the Massachusetts General Law.

Creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

The way I read that is if they purchased the debt then they have become a creditor in that instance.

Re: Portfolio Recovery

Anonymous — Tue, 12 Apr 2016 15:09:45 GMT

I have filed a Statement of Claim against Portfolio Recovery Associates today in Massachusetts District Court regarding this issue The Court date is set for Augusr 9, 2016. We'll see what happens....

Re: Portfolio Recovery

Anonymous — Tue, 12 Apr 2016 15:16:34 GMT

@Anonymous wrote:
I have filed a Statement of Claim against Portfolio Recovery Associates today in Massachusetts District Court regarding this issue The Court date is set for Augusr 9, 2016. We'll see what happens....

Nice, maybe we'll get some case precedence....

Re: Portfolio Recovery

Anonymous — Tue, 12 Apr 2016 15:23:50 GMT

Here is the basis of my claim. Page 2 of my Statement of Claim:

Because Portfolio Recovery Associates is reporting my paid collection to the 3 Credit Reporting Agencies listed on the previous page, they are in direct violation.

209 CMR: DIVISION OF BANKS AND LOAN AGENCIES 209 CMR 18.00:

Conduct of the Business of Debt Collectors and Loan Servicers Massachusetts 209 cmr 18:17

Portfolio Recovery Associates is also claiming to be a creditor, please see their response below from a complaint I filed against them to the Better Business Bureau.

PRA is a "Creditor" and a "Debt Collector" as those terms are defined in 209 CMR 18.02. As a "Creditor", PRA furnishes account information to the national credit reporting agencies, Equifax, Experian and TransUnion, in accordance with the Fair Credit Reporting Act, Appendix E to Part 1022, Title 12 and Part 660, Title 16, Code of Federal Regulations, and the Consumer Data Industry Association's Credit Reporting Resource Guide and applicable state law.

**********
Disputes Counsel
Office of the General Counsel
Portfolio Recovery Associates, LLC
140 Corporate Boulevard, Norfolk, VA 23502

Below is the Massachusetts law they quoted above.

209 CMR 18.02: Definitions

Creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

Debt collector means any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Debt collector shall also include any person who buys or acquires debt that is in default at the time of purchase or acquisition and who seeks to collect such debt directly. Notwithstanding the exclusion provided by clause (f), debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt. Debt collector shall also include a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the enforcement of security interests. Debt collector shall not include.

Re: Portfolio Recovery

Anonymous — Tue, 12 Apr 2016 16:00:38 GMT

I never seen this go this far. I have these nutso on my report, reporting monthly for an amazon charge off that has a bunch of incorrect paid dates. I am leaving them for last just to focus on the fight, but this company gets away with a lot, we should all come together in a civil suit so long it has merit. I am sick of them. They call me almost daily also. My tiff with them is the amount being reported is incorrect but they simply come back verified. They are charging me double than my final bill and yet show no proof of how they got to the amount that they now charge. I only have one collection left and them as my charge off. I wish we could all band together to blast these suckers. Good Luck OP.

Re: Portfolio Recovery

Anonymous — Wed, 13 Apr 2016 09:27:41 GMT

@Anonymous wrote:
I never seen this go this far. I have these nutso on my report, reporting monthly for an amazon charge off that has a bunch of incorrect paid dates. I am leaving them for last just to focus on the fight, but this company gets away with a lot, we should all come together in a civil suit so long it has merit. I am sick of them. They call me almost daily also. My tiff with them is the amount being reported is incorrect but they simply come back verified. They are charging me double than my final bill and yet show no proof of how they got to the amount that they now charge. I only have one collection left and them as my charge off. I wish we could all band together to blast these suckers. Good Luck OP.

Thank you, I will need all the luck in the world. Really not sure what to expect....

Re: Portfolio Recovery

Anonymous — Wed, 13 Apr 2016 13:55:05 GMT

consult with a lawyer, some have free consultations and they will tell you your chances of winning and how much merit there is in your case. keep us posted after august.

Re: Portfolio Recovery

Anonymous — Wed, 13 Apr 2016 14:04:49 GMT

Thanks for the advice. I'm not stupid enough to go in there blind. I won't be needing a Lawyer. The law is very clear on this matter. Nobody has ever pushed this envelope because it is deep within Mass law. What do I have to lose, a $50 filing fee? I have to try. Remember, I'm not trying to avoid the debt. This collection is paid.

topic Re: Portfolio Recovery (UPDATE I FILED STATEMENT OF SMALL CLAIMS) in Rebuilding Your Credit

Portfolio Recovery (UPDATE***DELETED*** I FILED STATEMENT OF SMALL CLAIMS)

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Re: Portfolio Recovery

Portfolio Recovery (UPDATEDELETED I FILED STATEMENT OF SMALL CLAIMS)