CA Tactics...question

[Anonymous]

Hi all-

This is a continuation of my previous thread about the Portfolio Recovery CA.

Briefly- they bought 2 old out of SOL accounts, one has fallen off my CR, the 2nd will fall off in a few months. They have sent letters & they have reported false info to the CRAs.

I DV'd them on both accounts. Yesterday they responded with a letter for ea account. The letters say "We understand you are claiming to be a victim of identity theft....." 

I never claimed identity theft.

What is their intent in going this route?

I have 2 options-

1) Ignore them

2) Send C&Ds to them

Suggestions appreciated

Thanks

[Anonymous]

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Anderson wrote:

Hi all-

This is a continuation of my previous thread about the Portfolio Recovery CA.

Briefly- they bought 2 old out of SOL accounts, one has fallen off my CR, the 2nd will fall off in a few months. They have sent letters & they have reported false info to the CRAs.

I DV'd them on both accounts. Yesterday they responded with a letter for ea account. The letters say "We understand you are claiming to be a victim of identity theft....." 

I never claimed identity theft.

What is their intent in going this route?

I have 2 options-

1) Ignore them

2) Send C&Ds to them

Suggestions appreciated

Thanks

---

Respond to them with a correction of their response.  Stating u never claimed to b a vistim of identity theft and request that they honor your originl reuqest.  Advise that if your original request is no responded to in 30 days, you will exercise your options under the FCRA.

[Anonymous]

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Brammy wrote:

Respond to them with a correction of their response.  Stating u never claimed to b a vistim of identity theft and request that they honor your originl reuqest.  Advise that if your original request is no responded to in 30 days, you will exercise your options under the FCRA.

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I agree with Brammy - send another letter CMRRR clarifying the request.

The CA realizes that you're on to them, so they're trying to be "cute" by trying to trip you.

Make sure you hang on to the original letter from the CA regarding the confusion.   You'll need all of this for your documentation if you have to dispute with the CRA if they don't respond to you.

[Anonymous]

Thanks for the advice.

One of the accounts, the one still on my CRs, is for $275.00. I could easily pay it but it has been hurting me for nearly 7yrs now so I do not feel any moral obligation to pay it. They have had their revenge.

Oddly the OC has been reporting this account to 2 CRAs for nearly 7 yrs. Just today it is being reported by the OC to all 3 CRAs.

I'm wondering how/why the OC, who has long since sold this account, is now reporting to the 3rd CRA.

The CA is reporting to all 3 CRAs.

These tactics just totally p*ss me off. Not a chance I'll be bullied into paying a cent to these a**holes. Only a few months and it will be history.

[Anonymous]

sounds like they don't have info. to send to you.  when did you dispute  and did you dispute both OC and CA?

[Anonymous]

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HappyDays wrote:

sounds like they don't have info. to send to you.  when did you dispute  and did you dispute both OC and CA?

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DVd CA only. Mailed mailed CMRRR  Aug 20 07, received green card dated Aug 23.

This is same CA that was reporting I had made a recent payment of $5 on this accnt. I disputed with CRA & now the $5 payment has disappeared.
                           

[Anonymous]

This week Portfolio did respond to my DV with notarized documents, FWIW.

BUT- I got a call from ANOTHER CA, Merchants Credit Guide, trying to collect on this same account. WTF?

How can 2 CA be after me for the same account?

This is $275, within a few months of falling off my CRs, beyond SOL, and I have no intention of paying a cent on it.

I'm wondering why there is all this activity on a paltry out of SOL account? 

[Anonymous]

---

Anderson wrote:

This week Portfolio did respond to my DV with notarized documents, FWIW.

BUT- I got a call from ANOTHER CA, Merchants Credit Guide, trying to collect on this same account. WTF?

How can 2 CA be after me for the same account?

This is $275, within a few months of falling off my CRs, beyond SOL, and I have no intention of paying a cent on it.

I'm wondering why there is all this activity on a paltry out of SOL account? 

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They can't I would contact both and ask for date the debt was acquired as well as other pertinent info.  I would also name the competing agency.  Give em time to fight amongst themselves

[Anonymous]

---

Anderson wrote:

Hi all-

This is a continuation of my previous thread about the Portfolio Recovery CA.

Briefly- they bought 2 old out of SOL accounts, one has fallen off my CR, the 2nd will fall off in a few months. They have sent letters & they have reported false info to the CRAs.

I DV'd them on both accounts. Yesterday they responded with a letter for ea account. The letters say "We understand you are claiming to be a victim of identity theft....." 

I never claimed identity theft.

What is their intent in going this route?

I have 2 options-

1) Ignore them

2) Send C&Ds to them

Suggestions appreciated

Thanks

---

we need dates....when did they sign for DV???     If it will fall off in a few months and you can wait...I would ignore it.

If they start calling tell them NO phone calls. and Keep an eye on CR for awhile.

OOPS I read back....their 30 days are UP send them another letter CMRRR

Letter to send when CA within 30 days

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of ( DATE that you received their letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all referance to this account be deleted from my credit report, as this entry and any update of such entry will be concidered another violation.

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

Message Edited by HappyDays on 09-20-2007 02:50 PM

Message Edited by HappyDays on 09-20-2007 02:51 PM

[Anonymous]

Happy Days-

Thanks for the letter. they did respond with their DV within 30days, although not with all the documentation requested in your letter. However, they did update to the CRAs during the period between my request & their response.

Also not really sure they do own this account cause:

1) A 2nd CA is also trying to collect

2) The OC added the account to EQ this month, previously they had reported only to TU & EX back in 2002 & never updated.

What a mess. I'm just gonna wait the few months till it falls off my CR, meanwhile keeping an eye out for any more fraud by this CA.