Need some advice - duplicate accounts?

[azsassycat]

Is a collection account allowed to be reported as BOTH a collection account and as a revolving account on my credit reports?

I notice today that Portfolio Recovery Associates, who is the CA for an old cell phone bill, is reporting as a collection on all three credit reports and as a revolving account on my EQ report.  Does this count as a duplicate entry?  PRA is showing that my monthly payment is $1,010.00!!! with a $1,010.00 balance.

What would you do?  Thanks!  Cathleen

[Junejer]

Did you already DV them? What's the SOL?

[azsassycat]

I've DV twice.  The first response from them was an Affidavit of Ownership and Sale of Claim.  Their second response included the following list of information:  account holder's name, original creditor, date account opened, date of last payment, amount of last payment, CA date of purchase, OC charge-off date, balance, and account number.

I'm not sure if the second response is what is required for DV or not.

SOL has expired (for both KS and AZ).

This will fall off in 12/2008, but this CA is just messing with me now.

[Junejer]

sassycat, I have always held the notion that a CA has to prove to me that they are authorized to collect from me. In other words, where is the signed agreement between CA and me. if there is none, then there is no agreement and therefore no authority to collect from me.

That's why I like the Lonnster DV. It addresses all of the issues.

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Of course never sign the DV

[azsassycat]

Thanks!  I'll try the letter - it can't hurt, can it?

Would this be considered a duplicate account?  Can I dispute with the CRA as a duplicate account?

[Junejer]

Yes, it sounds like a dupe to me. How can a CA be revolving. On that strength alone, it needs to go away.

[Anonymous]

A OC and 1 CA may report at the same time......A CA may NOT report twice!!  yes it is a duplicate.

[Anonymous]

Definitely dispute it as inaccurate.  No theycannot report the debt twice and its is not a revolving account.  You are taking a hit to your CC utilization by it reporting this way.  Send them a letter advising them that they have entered this inormation twice and inaccurately. 

[Anonymous]

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ByrdMan wrote: If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency.

---

So if NCO could not validate a debt I had and they sold it to a junk debt buyer, and that junk debt buyer reports the collection account to CRA is it a violation? What can be done?

[Junejer]

Hey seminolegirl. Short answer-yes. JDB has no standing in my opinion. What is the DOLA/DOFD? SOL?
edit: I would send that strong DV to NCO CMRRR don't sign it, just type your name. Then send copy of the DV, copy of green card to CRAs reporting and dispute it from your reports.

Message Edited by ByrdMan on 01-19-2008 11:29 PM