DV after 30 days?

[Anonymous]

Ok, so my DVs to Malcolm S Gerald resulted in them completely ignoring me and then finally reporting to the BBB that they chose to close the account, and that I'd have to contact the "creditor", which they said is Portfolio Recovery.

Yesterday I got a letter from Portfolio Recovery saying they're in receipt of my dispute (either they got it from MSG or the CRAs) and the account is under investigation. They then state the original creditor as Providian National Bank, claim my current address as the Account Holder's address and that they purchased this debt in December 2005. They also state a balance of $1623.87. EQ reports DOLA as 11/2004.

They are wanting "all details in writing, including supporting documentation" for my dispute. Thing is, it is well past 30 days of the first contact I had about this debt, which was from MSG, not Portfolio. So can I successfully DV Portfolio at this point since this is my first contact with them?

[Anonymous]

Providian National Bank.....................are they reporting?    If so  what is the DOFD/DOLA  and your SOL?   what is the drop date?

It was illegal for an attorney that does collections to show a creditor as another CA!

Did you ever DV Portfolio?

Message Edited by HappyDays on 08-26-2008 03:33 PM

[Anonymous]

Providian isn't listed on the MyFICO report from EQ, I think I saw it on TU and EX basically saying it had a 0 balance in collections. Portfolio is listed on all three with the balance they quoted in the letter.

DOLA reporting on EQ as 11/2004, TU reports removal date as 9/2011, so that's also a lil confusing.

SC SOL:
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).


And my apologies, in the BBB complaint, MSG only referred to the "original creditor", but never mentioned by name. I will have to look at my files, but I believe the dunning letter only referred to Portfolio. Aye aye aye...

Never DVd Portfolio as my first contact was via MSG. Thus why I'm wondering if a DV now would even work. I'm sure it can't hurt, but I'd hate to waste the 5$ for CMRRR if it's going to be useless.

Message Edited by Rocket on 08-26-2008 04:11 PM

[RobertEG]

Rocket, do NOT provide the CA with any information.. Period!  Take no phone calls, send them no account information, and dont admit to any debt. 
It is their duty under the FDPRA to obtain that "alleged" info from the OC.  Once you make any statement to them as to your debt that can be construed as as admission of obligation, it will, under most state laws, reset the SOL.

I would not even tell them no.  I would just ignore them.