PRA fight....the fight everyone is in on

[Anonymous]

So I sent off a goodwill deletion letter for a collection that I paid for less than full back in 2016 with PRA. We filled a dispute to update the information after all of my debt was paid off, and they claimed that they did it. Last week I was getting ready to fire up these Goodwill letters and I noticed that PRA was reporting as a factoring company on my EX report. I fired off the goodwill to see what they would do, and they fired back with something along the longs of by law we can not delete any trade line. So I saw someone on here that had success with the BBB, so I did that route. Stating that they are reporting as a Factoring Company, and would like the trade line deleted. 

They of course replied back with the same exact message the gentlemen on here got a year ago;

"PRA confirmed the integrity and accuracy of the information furnished from the relevant accounts to the consumer reporting agencies in accordance with industry standards. The Guide explains that "Both credit grantors and consumers depend upon consumer reporting agencies to acquire and maintain accurate credit histories." It provides that accounts may be deleted in very limited circumstances unrelated to payment of the account. It specifically provides that accounts which are paid are not to be deleted solely because they were paid. PRA has confirmed that it is properly identifying itself as a "Debt Buyer" to the consumer reporting agencies and employing the proper code to describe our accounts PRA does not control the way the consumer reporting agencies report the information furnished by PRA. Accordingly, any differences in their reporting of the information which PRA furnishes is the responsibility of the consumer reporting agencies, not PRA."

So I messaged back with a copy of the page from my report:

***they did get the full page, not just this*** 

And wrote;

"In the response from PRA they state that they are reporting as a "debt buyer" and they are properly identifying themselves as such. This information is incorrect as can be seen from a copy of my Experian report received on 7/13/18. They list the account as closed, state that it is legally paid in full for less, and then under the account type, they are reporting as a Factoring company and not a debt buyer as they state. Due to the inaccuracy on the report and the dishonesty from the company (PRA) I am requesting that the trade line be deleted from all three credit bureaus."

I am sure that I am going to see that it was updated, and now is reporting properly, since today a dispute was opened under EX and I am unable to see what the dispute is. I also had one open up under EQ and cant view that one either. Also found it funny how the BBB has emailed me with every update, except that they replied today and I only had 3 days to replied. I am glad that I check the status of it every night after I get off of here. 

Lets see what happens!

[Anonymous]

Hi. Where exactly do you submit to the BBB? online?

[Anonymous]

Yes I just filled mine online. There is a write up on here to someone that did this and won, I have been unable to find it, I also did not look that hard after I read it the first time.

[RobertEG]

If the only issue is that they are reporting as being a factoring company, that would not be basis for requiring deletion of any other reporting, or of the collection per se.

A dispute pertains only to the assertion accuracy of the information identified in the dispute as being inaccurate.

Resolution then relates to veriifcation of the accuracy, correction, or if neither is done, deletion of the unverified information.

Deletion of other information apart from the assertion of being a factoring company is not the required resolution of such a dispute.

As to their assertion of being a factoring company, while a factor is usually defined in business terms as a party who purchases accounts receivable assets from another, it is not clear that purchase of delinquent debt cannot be considered as factoring.

That is not an issue that has been resolved, as far as I am aware, by case law precedent.

You can, after they have verified the accuracy in response to a dispute, file a civil action contesting the reasonableness of their investigation of your dispute.  See FCRA 623(c).  Only the courts can provide a definitive legal interpretation of your issue.

The BBB cannot make a finding that will require any action on the part of the debt collector.

Regardless of the outcome, I do not see any deletion of the reporting of their collection as being a required outcome.

You now have an accurate reporting of a paid, closed collection, so I dont see civil damages, particularly if the court does not rule that their reporting is knowlingly inaccurate.

It is unclear at this point as to how resolution of the issue of whether being a debt buyer permits them to state that they are a factoring company has any substantive effect on your scoring or resolution of the debt.

[Anonymous]

I understand that completely, this is nothing more than a Hail Mary. They are not only reporting incorrectly, but lying about it as well. So you know what you want to lie about it, then I have to call you out about it, why don't you do me a solid and just delete the whole thing. I know that its probably not going to happen, but it is worth a try. PRA seems to be nothing but a headache for anyone that has to deal with them. They are dishonest, inaccurate, and a pain. So why not bully them, like they bully me?

[bass_playr]

Honestly, I think you are going about this the wrong way.

There's one difference I see here with your situation----you sent a GW deletion letter and from your first post, I believe you said that they agreed and said it was done.  Then they put it back on there a year later?  THAT is the angle I would pursue.  If you have it in writing that you asked for a GW deletion and they agreed to do it, I would then be asking them why they went back on their word?  

I hope you still have those letters, and I hope that you have something from them in writing that shows their acceptance of your request to delete.  They can say whatever they like, but if they previously agreed to delete the report, and you can prove it, it makes them look sketchy at best for doing this.  To me, and maybe I'm just interpreting your first post incorrectly, but if you sent them a GW letter to settle in exchange for them deleting their reporting, and they wrote back agreeing to do so, then that would constitute a violation of FDCPA---using deceptive means to collect a debt.  The time clock is only one year, so it might be over now, or perhaps their action of putting it back on your reports could be used to trigger the clock and you might still have the time.  But that's where I would look.

[Anonymous]

Nope, I am sorry I should have been more clear. I settled the account with PRA back in 2016. They never updated the account with EX. We filled a dispute and they claimed that the account was reporting correctly. I sent a GW letter requisition deletion. As I had a rough year, I had to move, car died, 2 cancer scares, and surgery. It wasn't fun. Then 2-3 weeks ago I was looking through because my EX score is significantly lower then my others and I see the account from PRA, still reporting incorrectly, the are reporting themselves as factoring, and the account is still listed as open. So now I filled a report with the BBB, just as a few others on here have done with success. They haven't gone back on their words, they are just doing the shady stuff that they do, not reporting correctly. I do have the letters stating that I have settled the account with them and my balance is $0, I have have been contacted by them in the past 8 months so they could collect payment on that account as well, even tho its been paid off for 2 years now.

[RobertEG]

If they consider that factoring applies to the purchase of any accounts reveivable debt from a creditor, regardless of whether the debt is in pays as agreed, good-standing, or has become delinquent, that is an interpretation by them that you can challenge if you feel it is legally inaccurate.

Until the courts have established that their position is clearly incorrect, then assertion that they are clearly reporting inaccurate information is not a finding of statutory or case law.

I would suggest, if resolution of the matter is of significance to you, that you file a civil action and establish case law precent for us all......

[Anonymous]

So you want me to file case law because they are reporting as a factoring company when they claim to be a debt buyer, the are reporting a closed account as open, and they are stating that they are accurately reporting information?

[RobertEG]

No, I am not encouraging the filing of any civil action.

Personally, I dont think you would prevail in asserting that reporting that they consider themselves to be a factoring company is a violation of any statute or reg.

I am simply stating that if you wish to pursue the issue for whatever reason, that would be your path.