Am I going about this the right way? Any tips?

[Cleaningitup2016]

I have two accounts under PRA (Portfolio Recovery) on my Credit Report, one for Walmart Credit Card, the Other for Paypal Mastercard one Balance is $1600, the other $400.

I did some reading on PRA and found it to be a rather terrible company, with lawsuits, class action lawsuits, fines, etc.

So I called the Fraud Department of TU and asked to have the two accounts disputed under "not willing to settle due to past lawsuits". Listed on the BBB:

These violation include among other things:

- Attempted to collect on unsubstantiated or inaccurate debt,
- Misrepresented intention to prove debts consumers sued over,
- Relied on misleading, robo-signed court filings to churn out lawsuits,
- Sued or threatened to sue consumers past the statute of limitations,
- Pressured consumers to make payments using misrepresentations,
- Falsely claimed an attorney has reviewed the file and a lawsuit was imminent, and
- Misled consumer into consenting to receive auto-dialed cell phone calls.

I have gone through the route of sending PRA a ITS letter, disputing via the BBB, etc, and they won't budge.

[heavyjay]

The basis for disputing tradelines on your credit reports is the completeness or accuracy of the reporting. Nothing you listed is a reason to have the accounts removed from your report.

[Cleaningitup2016]

I've also sent PRA a letter.

To Who it May Concern,
I have mailed several requests for validation of debt pursuant to: 15 U.S. Code § 1692g section B, which states:

"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."
I have spoke with my attorney who states that simply sending me a copy of the credit card statements does not satisfy verification of the debt. I am requesting PRA to send me a copy of a receipt, invoice, or bill of sale, showing that they indeed purchase these two debts from the original creditors listed above. If PRA cannot honor these requests, I am then asking PRA to delete both collection accounts from the 3 credit bureaus, send me a confirmation of such, and send the original creditors letters a letter stating that these accounts are now satisfied. If PRA cannot honor these requests, then I will be left with no choice but to start legal proceedings for damage to my character for two negative reports on my credit reports that are not properly validated pursuant to the above US code.

Regards,

[Anonymous]

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@Cleaningitup2016 wrote:

I've also sent PRA a letter.

To Who it May Concern,
I have mailed several requests for validation of debt pursuant to: 15 U.S. Code § 1692g section B, which states:

"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."
I have spoke with my attorney who states that simply sending me a copy of the credit card statements does not satisfy verification of the debt. I am requesting PRA to send me a copy of a receipt, invoice, or bill of sale, showing that they indeed purchase these two debts from the original creditors listed above. If PRA cannot honor these requests, I am then asking PRA to delete both collection accounts from the 3 credit bureaus, send me a confirmation of such, and send the original creditors letters a letter stating that these accounts are now satisfied. If PRA cannot honor these requests, then I will be left with no choice but to start legal proceedings for damage to my character for two negative reports on my credit reports that are not properly validated pursuant to the above US code.

Regards,

---

Are the debts valid, are they yours and did you create them? If yes then pay/settle the accounts.

A debt collector does not have to respond. But they can continue reporting.

[RobertEG]

The debt validation process under FDCPA 809 has no provision requring the debt collector to send validation.

It only mandates that, if the DV request is timely, the debt collector must cease further collection activities until they have first provided the requested validation.

There is no violation of requirment to delete their reporting based on lack of validation of the debt.

Whether or not a debt collector must include written documentation in order to constitute adequate validation is not stated within the statute.

It is a matter of interpretation of the statute that varies under case law decisions in different appellate jurisdictions.  Most jurisdictions have existing case law precedent that does not require written documentation, only a statement that the debt collector has investigated and found the debt to be supported.

I would not rely upon a general statement that written proofs are always required.

In the event that a debt collector fails to send what you consider to be adequate validation, that is not per se a violation, as there is no requriment to validate.

It means the cease collection bar is considered to still  be in effect.

[Anonymous]

Please don't tke this the wrong way but I have to ask....was there any fraud involved with the two accounts that you have listed? If not, why are you persuing this route?