Portfolio Recovery Associates response to DV

[Dynamo24]

I sent a DV out to Portfolio Recovery Assoicates (PRA) and about a week later they sent me a letter that said they bought the account from the OC for X amount on X date. There are no other documents verifying this trasnaction. Also they sent me a bunch of garbage about identity theft. Anyway, I know that this account has gone through two previous CA's before PRA got their hands on it. So how do I go about making sure this is proper DV? Is legit that they are saying they bought it from the OC even though there were two other CA's in contact with me prior to PRA? I don't trust these guys as I know they are a junk debt CA. Any info on a response to them would help. Thanks

[fishbjc]

From Experience:  They pulled that crap on my dh on an account he was only AU on.  They sent him MY statements with MY name and couldn't prove otherwise.  We went back and forth until I filed with the BBB and they agreed to delete.  They haven't on EQ yet, so I filed again and will SUE if need be.

They have to PROVE that the account is yours.   Have they offered you a settlement?  How close to SOL are you?  They may be fishing, hoping you'll pay and go away.

[Dynamo24]

Thanks for the response, I am well within SOL so that is out of the question. They offered me a settlement that was near 85% of the original amount which I am NOT going to pay, I won't settle for anything more than 50% as I know they probably bought this account for 200 dollars at most (its 1850 right now). What should I send to them, another DV? I have heard of people doing this and they send back the garbage response that they already validated and the second request is ignored. When I was reading what they sent, it felt like a bunch of crap because they could send anyone that letter in response to a DV, it proves nothing. They could say I owe them a million dollars on there with no proof what so ever. 

[DaBears]

Since they failed to supply the appropriate information send them a direct dispute. 

“This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

(Provide the following requirements of the rules, as detailed under 16 CFR 660.4):

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommended that you also send,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information to your credit file.

Sincerely, 

[Dynamo24]

Thanks for the sample letter, I'm not exactly sure how to fill that out though. The account is mine which I haven't and don't deny. I just don't accept what they sent me as a DV. I also forgot to mention that they have added interest that has pushed the account over $1900. I'm not sure if they can do that or not and if that is an area I should point out in a second letter. I don't have much education past a DV so any help on how to hash this out in order to swing this in my favor would be helpful. 

[Dynamo24]

Also in the dunning notice they sent me they made a "threat" about "possible" legal action, so I'm also trying to avoid getting sued over this even though its a relativley small amount of money for them. 

[DaBears]

They can add interest based on the agreement with the OC. When was the account charged off? and then bought by PRA?

[Dynamo24]

Account was charged off in September/October of 2011 to Valentine and Kerbartis, then went to First Service in August of 2012, then PRA bought it I think in Dec/Jan 2012/13. So they haven't had it for that long and its bounced around so I know its a junk debt. 

[guiness56]

In response to a DV they only have to tell you the amount owed and who is collecting, the name of the OC and their address if you ask for it.  The do not have to prove the debt is yours. 

They cannot threaten to sue if they don't mean it.

[Dynamo24]

I'm getting conflicting responses...why would they not have to prove the debt is mine? They could go around sending people random collection letters saying they owe them money with an original OC, etc. Not saying you're wrong, it just doesn't make sense at all. They didn't threaten to sue me, just said "legal action". I'm assuming there is a ton of terms outside of suing someone that falls under that phrase.