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Can Someone Tell What To Do When CA Continues To Respond Insufficently To a DV?

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Can Someone Tell What To Do When CA Continues To Respond Insufficently To a DV?

I disputed several accounts with the CRAs back in February - most notably, Portfolio Recovery Associates, Inc., who seemed to be trying to re-age an old Capital One account that is due to fall off within the next year.
In response to the dispute, these Portfolio people sent me a letter stating "Here is the additional information you requested" (although I had not contacted them) with only my name, address, date of loan, last 4 digits of SSN, date Portfolio purchased this account (which, by the way, is the same date they reported to the CRA as DOLA, trying to re-age it), and the current balance.  Oh, and that page was signed and notarized - so that makes all their information correct, right?  LOL
So, I sent them a letter (I think I got it off of here) telling them that was not sufficient and that I needed the following information:

• 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 that Portfolio Recovery Associates, LLC purchased the alleged debt
• If the alleged debt was purchased, provide a copy of an agreement between Portfolio Recovery Associates, LLC and myself, signed by me, stating that I have a contractual responsibility to Portfolio Recovery Associates, LLC for the alleged debt
• Provide proof that Portfolio Recovery Associates, LLC is Bonded/Licensed for debt collecting in the State of Alabama


They have responded with a form letter with actually even less information.  It just states that this account was sold by the seller to PRA on 09/27/2007 and the seller provided an electronic file of its business records concerning this account.


What can I do at this point?  When I disputed with the CRAs, they concluded that Portfolio had verified the debt, but they can't verify it to me. 


Please tell me how to proceed from here!  I want to pull my hair out!



Message 1 of 3
Moderator Emeritus

Re: Can Someone Tell What To Do When CA Continues To Respond Insufficently To a DV?

The FDCPA only requires the following info: OC name, their address, and the amount due. Many of the letters are legally incorrect (though I use them myself). Now some states can require more info, but I'm in VA and they don't require squat.
If re-aging is the issue, and it is illegal, then I would start by pulling org. reports from both TU and EX. It will list a drop-off date for all CAs and you can take that date and subtract 7 yrs and get an accurate DOFD. You'd have to call EQ to get that date. If that DOFD differs from your DOFD and you can back it up with statements, old reports, etc., then you caught the CA red handed. You can then properly dispute via mail and include all that info.
I would then apply that knowledge and communicate with mine and their AG, the BBB, and the FTC. Added pressure may lead them to delete.
IMO, the dates on my CRs are useless. I had one account that had a DOFD listed in 2005. The real DOFD was in 2001. I was tempted to cry foul, but I pulled EX and the drop off date was listed for Jan. 2008. Like clockwork, it fell off at 7 yrs. The CRA I guess wasn't buying into their date.
Message 2 of 3

Re: Can Someone Tell What To Do When CA Continues To Respond Insufficently To a DV?

OK -
Thanks for your quick response.
I just took a closer look at the reports I got back after the CRA disputes, and Exp and TU are showing the correct drop-off dates.  I can't find it on my Equifax report, though.  I guess I will worry about that when the time comes.
So there isn't anything I can do with these Portfolio people?  Is that really all they have to provide to the CRAs (name, address, SSN and balance) for them to consider it Verified?  Can I re-dispute with the CRAs or is that a no-no?  Boy, that's a lot of question marks in one paragraph Smiley Indifferent
Is there a next step, or am I at the end of the road with them?
Thanks for your input.
Message 3 of 3
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