Portfolio calling during verification

[Anonymous]

A little history:

I began the task of rebuilding my credit back in November. One of my baddies that came back verified from the big 3 is Portfolio Recovery. So, I sent them a DV CMRRR which they did not respond to. I sent another CMRRR - which they once again refused to respond to. In that time, they increased the balance due from $283 up to $354. All this time, there has been no communication back from them.

So, I sent a MOV to the big 3 with the two green cards and copies of the letters. Last week I recieved the three green cards from the big 3 showing that it was received and even got an e-mail from EQ informing me that they have started the procession of my dispute (interesting since I did not include my e-mail address in the letter). Regardless, they do have it listed as being under investigation on my report and the balance owed is back down to $283.

Experian does not have it listed as being under investigation and they have the balance owed at $359.

I only have access to my TU through TrueCredit, but it is listed as "account information disputed by consumer, meets FCRA requirements" (I assume this is from the first dispute since there is no way they have done it this quickly) and the balance owed is listed at $355.

So, with that background, I got home from work yesterday and there on my caller ID was the name Portfolio Recovery with their phone number. I thought that I had read somewhere (couldn't find it again) that companies could not call during an investigation as it is still considered the act of attempting to collect on a disputed debt. Is this correct? If so, what would my next step be?

Thanks all for all the great info. Even with a little inquiry hiccup, I've increased all three scores by nearly 80 points since Novemeber with the great assistance and knowledge.

[llecs]

Did you send your first DV letter within 30 days of receiving their initial collection letter?

[Anonymous]

Thanks for the response. 

I actually don't recall ever having received anything from them. I didn't know anything about them until I pulled my credit reports and there they were. With that being said, the 30 day piece to dispute was only one piece to this. I was just going through the process in order. I was really more interested in them sending me something letting me know that it was even mine and how much exactly was owed. Once they verified to the CRA, I still wanted information on what I owe. If it's mine, how am I supposed to pay it if I can't find out what I even owe or what it's for? Even the big 3 each have a different balance listed as being owed.

That is why I sent my MOV letters to the big 3 - but that brings up the question. Can Portfolio now call me trying to collect on a debt while it is being investigated? I had not received any calls from them until I asked for the MOV from the three.

[Anonymous]

Being investigated by the CRA and your requesting debt validation are different things.

The CRA is investiagting to see if the account is legitimate according to the CA that reported it.

You sending a DV is asking the CA to prove you owe the debt.  Until they respond they cannot continue collection activity if you sent the DV within 30 days of their initial communications with you. 

Message Edited by guiness56 on 03-03-2010 01:04 PM

Message Edited by guiness56 on 03-03-2010 01:04 PM

[llecs]

Per the FDCPA, the CA has 5 days of their initial communication with you to send a dunning letter. You then, as the consumer, have 30 days to respond to that letter with a DV letter. The CA then has an unlimited amount of time to verify that info and cannot engage in collection activity like phone calls, letters, or even reporting (if DV received w/in 30 days). Once they validate, then they can report, call, etc.

If you haven't received a dunning letter or anything from them then I would start by looking for the OC. If you pull your report directly from the CRAs you should be able to see the OC listed within the CA listing. Third-party reports, like from myFICO, don't always list the OC. Once you have that info, I would contact the OC for more info including copies of bills, etc. Once you have that info, then you can dispute the balance, demand the CA report correctly, offer a PFD, file a police report if ID theft, etc.

IMO, they can call. If you question them about the dunning they'll deny it. Now you could always force their hand in court. They'd have to prove that they mailed the dunning and since CAs don't send it CMRRR, they'd have a tough time proving that you received that letter.

Reason they started calling is when you dispute, the CRA sends to them updated copies of your address and phone number. The CA figured you were alive and collection activity increased.

ETA...I am blessed with slow typer syndrome. Yes, what guiness56 said.

Message Edited by llecs on 03-03-2010 04:17 PM

[Anonymous]

Thanks all. I'll wait and see what the CRA's have to say. Maybe I'll get "lucky" and it will be resolved in my favor that way before I go to the next step. If they can prove that it's mine, I'll move to the pdf. I finally saw a success story with Portfolio so maybe I have a chance.