What's the next step with Portfolio Recovery Assoc?

[Anonymous]

So here's my deal.  Several years ago, I had an account with Consolidated Edison Company of New York, Inc..  The account was allegedly past due and went to collections.  PRA was the CA.  I paid the account because I had to in my efforts to secure students loans. I didn't have time to go through the dispute problem.  Now I am trying to clean up my CR and I requested documentation from PRA to verify the debt.  I asked them for any documentation they had from Con Ed as well as any assignment or transfer documentation that would provide PRA's standing to collect the debt.  I sent them two letters. One was basically a request for validation and one was a goodwill letter.  I am being met with serious pushback on my GW efforts.

Yesterday I got a letter in the mail from them which stated, in pertinent part:

The following information is being provided in response to your recent communication concerning the account referenced above.  Account Number ___________ and its proceeds were sold, assigned, and transferred by Consolidated Edison Co., of NY, Inc. to Portfolio Recovery Associates on 8/28/08.  At the time of the sale, the Seller provided an electronic file of its business records concerning this account.  According to the Seller's records, there was due and payable from [MY NAME] to the Seller in the sum of $374.74 with respect to the account, as of 8/28/08, there being no known un-credited payments, counterclaims, or offsets against this account at the date of its sale.

The information that was then provided inclided the creditor's name, my name, the account opened provided by seller, the last 4 digits of my social, the original account number, the balance at purchase, the current balance (which is correctly listed as $0.

What's the next step?  Can I ask them for the electronic file that they reference in the letter?  Can I ask for the dunning?  Can I ask for a servicing or account history? 

All I really want is to get this deleted from my CR.  Any advice would be sincerely appreciated.

[IOBA]

What is it that you would like to accomplish?

The debt is paid.  It's very unlikely that the CA would give you a refund.   I haven't heard you say it's not yours.

Let us know you want to accomplish and we can provide feedback.

[Anonymous]

I really just want it removed from my credit report. The debt is paid. I know that I had an account with the OC that wasn't paid. The amount that was paid seems very high, though. I don't want to fight over a refund - all I want is to have the tradeline removed.

[Adalen]

I think your request for validation threw them off.  If you have already paid it, I don't think you need to validate it.  Just send them letters asking for a GW removal of the TL from your CR.  Is there an additional issue with the OC?

[Anonymous]

The problem is is that they refuse to GW delete.  They aren't reporting - and as far as I know - don't even have a DOFD.  I think I am going to probe them for more info.

[Anonymous]

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@Anonymous wrote:

The problem is is that they refuse to GW delete.  They aren't reporting - and as far as I know - don't even have a DOFD.  I think I am going to probe them for more info.

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You say they aren't reporting but you want them to delete?  If they aren't reporting then what is there to delete??? 

If they are reporting but have not provided the FCRA Compliance Date also known as the DOFD, then -- for sure -- find out that information.   If the original account went south more than 7.5 years ago, the tradeline should no longer appear on your credit report. 

[Anonymous]

My apologies.  They've reported as a paid collection.  They also verified when I disputed.  They have declined a GW delete.  I sent them correspondence via email and cert mail today requesting:

1.   A copy of the contract between myself and the original creditor;

2.   A copy of the last billing statement that was provided to me by the original creditor;

3.   A copy of any bill of sale or assignment/transfer of the debt which conveys PRA's standing to collect, enforce, or collect the alleged debt;

4.   A copy of the dunning notice that was sent by PRA to me; and

5.   Copies of any documentation showing the date of last delinquency on the account (since it is not being reported and I believe the account may have gone into delinquency in Jan, 2005.

We'll see if they respond.  If they don't respond, what is the next step?

[Anonymous]

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@Anonymous wrote:

If they don't respond, what is the next step?

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If they don’t validate or don’t validate properly—Send a copy of your DV Letter, a copy of the green card where the CA signed for your letter, copies of your ID, and a letter to the CRA that is reporting the account and state the following in your letter:

I requested debt validation per FDCPA 809 from “CA” and they have failed to respond. FDCPA states that if the CA doesn’t or can’t validate a debt, they must cease collection activities. The FTC has issued the opinion that reporting on one’s credit report is indeed collection activity.

(It doesn’t have to read that exact way, but something to that point.)

You’ll send the letter to the CRA CMRRR and wait some more. The CRA will begin an “investigation” and it will take 30-45 days. Do not contact the CRA during this time. They will respond with your results.

If after doing this, it remains on your CR, I would file a complaint with the BBB regarding the FDCPA violations of the CA, including any FCRA violations they may have as well. Present your case well, cite the FDCPA/FCRA statues that they violated, cite court cases and FTC opinion that ruled that reporting was a collection activity, etc.  It is likely that a “compliance officer” of some sort or the in house lawyer from the CA will be reading this and responding, not the average representative who knows little about FDCPA/FCRA.

If filing a complaint with the BBB doesn’t work, then I’d file a complaint with your AG. Check to see if the CA was licensed and/or bonded in accordance with your state laws.  If they are not in compliance, now is the time to drop the boom. Mention this in your complaint to your AG.

Now, if none of these steps work, then I suggest you post another thread explaining your situation. Make sure you have exhausted all avenues mentioned here.

[Anonymous]

I disagree with discernment.  Well, you can always give it a try, but they're under no obligation to provide any of that information.  You already paid them, and I'm sure they have a record of payment.  Asking for validation seems like a moot point now.  They're reporting it as a paid collection.  The reality is that it's a paid collection.  The BBB and the AG can't and won't do anything to change that.

My personal feeling is that sending them letters asking for validation, that's more likely to piss them off than to get a deletion.  I'd recommend sending them a goodwill letter (one by email, one by usps) every month.  Don't send certified mail, don't ask for a signature, just send a non-threatening letter asking for them to have a heart and delete from your credit report.

[Anonymous]

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@Anonymous wrote:

The reality is that it's a paid collection.  The BBB and the AG can't and won't do anything to change that.

My personal feeling is that sending them letters asking for validation, that's more likely to piss them off than to get a deletion.  I'd recommend sending them a goodwill letter (one by email, one by usps) every month.  Don't send certified mail, don't ask for a signature, just send a non-threatening letter asking for them to have a heart and delete from your credit report.

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Matt is RIGHT!!!  I read too fast and did not see that you were talking about a paid collection, my bad -- I'm sorry!