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FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

bourgogne
Valued Contributor

FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

 

My friend’s son, who resides in California, received a collection notice from Portfolio Recovery Associates dated 07/17/2019 stating that he owes $ 2,685.55 from something Comenity related. 

 

He has nothing on his credit report relating to this and cannot recall any dealing with Comenity.

 

A terse DV was dispatched immediately and a return receipt was returned and received on 08/20/2019

 

A collection for the account appeared 10/23/2019 and his score took a 44pt hit

 

What is the proper way to address and resolve this?  Again, my friend’s son is in California

 

Thank you

Message 1 of 14
13 REPLIES 13
FireMedic1
Community Leader
Super Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

Have you got the validation letter back yet to see who they're collecting for?





Homeowner since Sept 2020. My posts are JMHO. My siggy is not to brag. Just sharing my experiences after BK from learning here from rebuild to recovery from the @ 540's.
Message 2 of 14
bourgogne
Valued Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA


@FireMedic1 wrote:

Have you got the validation letter back yet to see who they're collecting for?


no, that is the reason for my post.  I just called PRA, I asked for proof of the debt and they stumbled around for a bit, got a mgr on the line and he said he would call me back tomorrow.  no proof no payment, pretty simple

Message 3 of 14
FireMedic1
Community Leader
Super Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

Well they'll have to tell you who the OC is. They just cant make them up. If theres no such OC. Tell them to correct your reports and remove the bogus collections.





Homeowner since Sept 2020. My posts are JMHO. My siggy is not to brag. Just sharing my experiences after BK from learning here from rebuild to recovery from the @ 540's.
Message 4 of 14
bourgogne
Valued Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA


@FireMedic1 wrote:

Well they'll have to tell you who the OC is. They just cant make them up. If theres no such OC. Tell them to correct your reports and remove the bogus collections.


I know who the OC is, its on the collection letter.  the dv is to get the original billing statement or proof of the obligation.  its not me its a friends son.  its in process, I suspect PRA has nothing and it will get removed

Message 5 of 14
FireMedic1
Community Leader
Super Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

Got it. Good Luck!





Homeowner since Sept 2020. My posts are JMHO. My siggy is not to brag. Just sharing my experiences after BK from learning here from rebuild to recovery from the @ 540's.
Message 6 of 14
vntrsc
Frequent Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA

If the DV request was sent within 30 days of receiving the first collection letter that contained the 30-day very notice, and it can be shown that PRA received it, it's possible the debt buyer should not have started reporting the account before validating.  It might possibly depend on where the consumer resides and how the federal courts in his district have ruled.  

In the event his courts have ruled that credit reporting is an attempt to collect a debt, PRA could be in violation of the FDCPA.  But, of course, PRA could claim it sent validation before reporting.

 

If he is interested in pursuing the matter, he should contact a consumer attorney well-versed in the FDCPA.  

Message 7 of 14
gdale6
Moderator

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA


@vntrsc wrote:

If the DV request was sent within 30 days of receiving the first collection letter that contained the 30-day very notice, and it can be shown that PRA received it, it's possible the debt buyer should not have started reporting the account before validating.  It might possibly depend on where the consumer resides and how the federal courts in his district have ruled.  

In the event his courts have ruled that credit reporting is an attempt to collect a debt, PRA could be in violation of the FDCPA.  But, of course, PRA could claim it sent validation before reporting.

 

If he is interested in pursuing the matter, he should contact a consumer attorney well-versed in the FDCPA.  


Actually reporting it does not violate the FDCPA, their failure to send a dunning letter prior to reporting would be a grey area. Validation has to be requested a CA can send a demand to anyone with numbers on it and not actually provide validation prior to reporting or attempting collection. Its up to you to utilize the laws at your disposal.

Message 8 of 14
vntrsc
Frequent Contributor

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA


@gdale6 wrote:

@vntrsc wrote:

If the DV request was sent within 30 days of receiving the first collection letter that contained the 30-day very notice, and it can be shown that PRA received it, it's possible the debt buyer should not have started reporting the account before validating.  It might possibly depend on where the consumer resides and how the federal courts in his district have ruled.  

In the event his courts have ruled that credit reporting is an attempt to collect a debt, PRA could be in violation of the FDCPA.  But, of course, PRA could claim it sent validation before reporting.

 

If he is interested in pursuing the matter, he should contact a consumer attorney well-versed in the FDCPA.  


Actually reporting it does not violate the FDCPA, their failure to send a dunning letter prior to reporting would be a grey area. Validation has to be requested a CA can send a demand to anyone with numbers on it and not actually provide validation prior to reporting or attempting collection. Its up to you to utilize the laws at your disposal.


The OP said that the friend's son received a collection notice in July and a DV was sent to and received by the debt collector in August.  The debt collector reported to the CRAs in October despite the fact that it not yet validated the debt. 

Message 9 of 14
gdale6
Moderator

Re: FRIEND -> PRA -> DV -> COLLECTION -> CALIFORNIA


@vntrsc wrote:

@gdale6 wrote:

@vntrsc wrote:

If the DV request was sent within 30 days of receiving the first collection letter that contained the 30-day very notice, and it can be shown that PRA received it, it's possible the debt buyer should not have started reporting the account before validating.  It might possibly depend on where the consumer resides and how the federal courts in his district have ruled.  

In the event his courts have ruled that credit reporting is an attempt to collect a debt, PRA could be in violation of the FDCPA.  But, of course, PRA could claim it sent validation before reporting.

 

If he is interested in pursuing the matter, he should contact a consumer attorney well-versed in the FDCPA.  


Actually reporting it does not violate the FDCPA, their failure to send a dunning letter prior to reporting would be a grey area. Validation has to be requested a CA can send a demand to anyone with numbers on it and not actually provide validation prior to reporting or attempting collection. Its up to you to utilize the laws at your disposal.


The OP said that the friend's son received a collection notice in July and a DV was sent to and received by the debt collector in August.  The debt collector reported to the CRAs in October despite the fact that it not yet validated the debt. 


That too is not necessarily an absolute violation of FDCPA. They cannot attempt to collect with further calls or letters until such time that they do validate but reporting to a CR has not really been adjudicated as an effort at collection. Technically they could do nothing and never attempt collection while it sits on someones CR. The best way to go after this if they delay for longer than a few months IMO would be a complaint to the CFPB on no action being taken on the DV request.

Message 10 of 14
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