Spencerlynn

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Everything posted by Spencerlynn

  1. Here is what they sent to me a few days ago. Initial heading I am being served with the 1st set of requests etc...... then In responding to these requests, you may not give "lack of information" as a reason for failing to admit or deny. In such cases, you must specify that you made reasonable inquiry into the truth or falsehood of the matter but the information known or readily obtainable by you is insufficient to enable a response. If good faith requires that an admission or denial be qualified in any way, please state this in your answer and give the specific reason for the qualification. Failure to admit any matter contained herein that is later proven to be true by the Plaintiff in court may result in you having to pay any fees incurred by the Plaintiff in proving said matter. 1. Admit that you are a resident of the county in which this suit was filed. 2. Admit that you currently reside, or have resided within the past 5 years at XXXXXX 3. Admit that you received mail, bills and correspondence at the same residence. 4. Admit that you maintain your own personal financial responsibilities. 5. Admit that you previously applied for a credit account with GE Capital Retail Bank. 6a. Admit that you were issued an account with GE Capital Retail bank 6b. Admit the account number was XXXXXX 7a. Admit that GE .....furnished regular monthly statements to you showing the current balance of the account. 7b. Admit that you never openly disputed any information contained in the statements. 8a. Admit that you used the account 8b. Admit that you actualy received the goods and services that were purchased using the account 9a. Admit that there is an outstanding balance on the account 9b. Admit that the outstanding balance on the account, as reflected i the last statement to you is XXXXXX Thank you for any help that you can provide.
  2. here is a copy of what the A/G sent to me with the copy of the letter they received from PRA. Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187 June 5, 2013 My name and addressXXXXXX RE: Portfolio Recovery Associates File #: XXXX Dear XXX Our office has received a response from Portfolio Recovery Associates regarding your complaint. A copy is attached. We realize you may disagree with Portfolio Recovery Associates’s position. However, our office does not have the legal authority to force the parties to resolve their dispute. We regret that we are unable to provide further assistance to you in this situation. We do not have the legal authority to act as an attorney for private individuals, nor may we act as a judge or arbitrator in individual disputes. If you would like to pursue the matter, you may wish to contact a private attorney, or work with your current attorney, if you have one. Also I am trying to research when GE Capital Retail Bank started issuing Paypal credit cards. Having problems looking to see who it was in Oct 2008. To the best of my knowledge, they are not the original Bank who issued mine. The reason I ask is there is a question of my First request for Admissions from PRA asking if I agreed to the CC from GE.
  3. Thank You all for the posts. Also thank you to BV 80 for the Snyder case, good information for me to use as well.
  4. I went to court this morning and got a 60 day continuance for the lawsuit. The attorney agreed and stated he wanted to wait and see what was going to happen with the Consumer Protection claims as well as neither of us have finished our discovery paperwork. Good for me. Also I posted this separately about a letter my Attorney general received from PRA. very interesting..... I find this very interesting, please give me your thoughts on this. I received an answer today from my state's Attorney General, I filed a complaint with them that PRA was not duly licensed when they filed civil lawsuit against me this past Jan. 2013. This is from PRA's letter to the Attorney general. Dear XXXX, I am writing in response to your May 28,2013 letter forwarding the above-named consumer's complaint in regard to PRA account ending in XXXX. PRA purchased this Paypal credit account ending in XXX from GE Capital Retail Bank (GE) on XXX. According to business records provided to us by GE in connection with our purchase, this account was opened in XXX of 2008 for XXXX and whose SSN is XXX. According to records, the date of last payment was Aug of 2011, the account became delinquent in Oct 2011, and the sum of XXX was charged off in April 2012. The statue of limitations has not expired for this account. Thank you for bringing this matter to the attention of our office. PRA is a Delaware Limited Liability Company headquartered in Norfolk, VA, which manages the collection of its own defaulted consumer debt, which has been purchased without recourse. PRA is not a "collection agency" as that term is defined and used in Title 19, Chapter 16, section 100, revised Washington Code (RCW 19.16.100). The debt we collect is not "owed or due or asserted to be owed or due another person" and PRA does not use any name other than his or her own which would indicate to the debtor that a third person is collecting or attempting to collect such claim" as described in RCW 19.16.100. Although PRA does not meet the definition of a collection agency under the current Washington statue and therefore is not required to be licensed at this time, PRA does have a valid license in the state of WA. A Collection Agency License was issued to PRA on May 15, 2013. I appreciate any feedback and am very thankful for all your help. Like ThisQuoteMultiQuoteEdit
  5. I find this very interesting, please give me your thoughts on this. I received an answer today from my state's Attorney General, I filed a complaint with them that PRA was not duly licensed when they filed civil lawsuit against me this past Jan. 2013. This is from PRA's letter to the Attorney general. Dear XXXX, I am writing in response to your May 28,2013 letter forwarding the above-named consumer's complaint in regard to PRA account ending in XXXX. PRA purchased this Paypal credit account ending in XXX from GE Capital Retail Bank (GE) on XXX. According to business records provided to us by GE in connection with our purchase, this account was opened in XXX of 2008 for XXXX and whose SSN is XXX. According to records, the date of last payment was Aug of 2011, the account became delinquent in Oct 2011, and the sum of XXX was charged off in April 2012. The statue of limitations has not expired for this account. Thank you for bringing this matter to the attention of our office. PRA is a Delaware Limited Liability Company headquartered in Norfolk, VA, which manages the collection of its own defaulted consumer debt, which has been purchased without recourse. PRA is not a "collection agency" as that term is defined and used in Title 19, Chapter 16, section 100, revised Washington Code (RCW 19.16.100). The debt we collect is not "owed or due or asserted to be owed or due another person" and PRA does not use any name other than his or her own which would indicate to the debtor that a third person is collecting or attempting to collect such claim" as described in RCW 19.16.100. Although PRA does not meet the definition of a collection agency under the current Washington statue and therefore is not required to be licensed at this time, PRA does have a valid license in the state of WA. A Collection Agency License was issued to PRA on May 15, 2013. I appreciate any feedback and am very thankful for all your help.
  6. That makes two us Big Sister, I have been up all night reading back and forth and so on,trying to get more information to help my case!! BV80 is always good for an answer!!
  7. Thank You BV 80 as always you are so quick and good at helping us lesser knowledgeable folks!! TY!!
  8. Thank you for any information/ guidance you can give me. When OC shows charge off on your CR isn't it also supposed to read as a zero balance? And if it doesn't then what is the proper procedure to follow to make it show zero balance? Some of my OC's do show charge off, sold, transferred etc. with a zero balance and a few others still show $$ still being owed. Also when we dispute a demand for payment from a JDB, are they supposed to show on your CR that the account is being disputed?? If so and your CR doesn't show disputed, what is the procedure to follow??
  9. Thank you all so far for taking the time to answer and helping me!!
  10. I'm so sick over this whole ordeal and just got my court date for a Civil non jury trial June 6, 2013. I'm still very confused at this very moment. I sent the DV after receiving the Summons & Complaint and of course got no answer. I also sent my Notice to Appear, Answer & Affirmative Defenses and Income and Assets (I have nothing and my income is exempt SS) paperwork via CMRRR and served the court with the same paperwork. PRA got all three and I have proof of services. Now I don't have the slightest idea of what is next to do. I have read and reread and am still so darn confused, I can't afford an attorney, unfortunately! I did get the Affidavit from our state DOL stating that they are not currently licensed in my state to conduct business Also on the trial paperwork, the copy went to their attorney who is located on the West of my state and will have to travel all the way East to attend this trial. Originally all correspondence was to be addressed to him at their VA address. Help??? I'm headed back to the boards in an attempt to understand again. I have read and reread the Court Rules for my state but it is just a blur to me. Please if anyone has the time to converse with me via private messages or emails, please let me know. I really do need more help that I want to admit. Thank You!! Please if someone has the time to read my courts general provisions Governing Discovery, could you please read and give it to me in laymans terms.....http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr26 I am assuming that this is my next immediate step to take. TY! Also does any of the following information make a difference one way or another?? When the CA filed against my CRA's 4/1/12, 4/1/12 & 4/30/12 they stated past due amount of $3331.00. They also stated in their S & C to the court that the alleged account was charged off for delinquency on 4/8/12 and I owe them $3003.87. Why the difference in the alleged amount owed?? And are they allowed to file with CRA before the OC supposedly charged off?? They also show that my account is closed on 2 CRA's and Open on the other one. The OC shows 0 balance owed, with high limit of $2790 & no high balance listed on 1 CRA and on the other 2 CRA's blank balance & high limit 2790.00 & high balance of 2407.00 I also don't see where the DC has advised the CRA's that this alleged account is disputed!! This is all so darned confusing to me. Sorry! 5/15 update~~ I still haven't received a thing from them other than the original Summons and Complaint. I did go to the court yesterday and asked if I could file for a continuance, they said I had to call the attorney and discuss it with him. Well....... the number listed for him is in fact PRA and they said sorry can't talk to him, they can't forward a message and I would have to wait till court. So I looked the attorney up for my state and attempted to get a hold of him that way....well that law firm says he is longer associated with them. No forwarding information other than an email address, so I sent an email today. Thought I'd wait to see if he calls me back and if he doesn't or refuses to delay it, then the clerk said I can file for an extension in the court case. 5/22 update-- still have not received a return email, or phone call that I requested etc. and or any documents etc from the attorney for PRA. I'm still trying to find the court rules numbers for "filing a motion to dismiss" and court rules for "Request for a continuance". I want to have the documents ready when I go to court on the 6th of June. I want to ask for a dismissal under RCW 19.16.260. since they weren't licensed when they filed the law suit. If anyone from WA state knows or can help me find the court rule numbers, please I would appreciate any help. I keep researching but still am not sure and don't understand all the legal jargon. TY!!
  11. Sorry it's taken so long for me to get back to my initial post, but all this stuff has taken a toll on my health. I did get a sworn affidavit from WA states DOL office stating that PRA is not currently licensed in WA state. Also, PRA sent me 2 more collection/demand letters for two other supposed accounts. I sent DV's and got answers back today. One they closed and the other gave me a bunch of info that I have no idea what they are talking about. (See my post in collections) I need now to go and get acclaimated with the FDCPA violations so I can see if I can sue them without an attorney. Fingers crossed!! Thank you all for answering my posts!! I really do appreciate all your help!!
  12. Thank You all for your help and posts. On the latter 2 collections letters I mentioned earlier from PRA, i sent out the DV's and got answers back today. One letter stated they had concluded their investigation of my disputes and have since closed that account. HHmm............ the second letter stated some information about the supposed opening date and charge off date from Capital One Bank. They also included the last 4 digits of a SS # and my nickname as the name on the account. I checked my credit report again and I can not find any account that has been charged off with those dates and amount they are stating. This one has me stumped. Also I received the affidavit from my states DOL attesting to the fact that PRA is NOT duly licensed in my state to act as a Collection agency. I have a list of NACA attorneys in my area and going to give them a call tomorrow. Meanwhile, sorry its taken so long to post back, this whole mess is really taking its toll on my health. Ill try not to take so long this next time. Thank you all again so very, very much!!
  13. BV 80, I have already contacted our state DOL and they have verified that PRA is not currently licensed in my state, BUT have applied. DOL is sending me an affidavit as of today stating such. PRA filed their lawsuit against me Jan 30, 21013 and I wasn't served until April 20, 2013.So on their Summons & Complaint they did in fact lie and state that they were duly licensed in my state to conduct business. Also to the best of my knowledge Portfolio Recovery group and PRA are one in the same.
  14. Im being sued by Portfolio Recovery Associates, LLC.
  15. OK, so I have sent my Request for Validation,(even after the fact of being served, this was my 1st notice of an accusation and or action against me) Notice of Appearance, Answer & Affirmative Defenses and Declaration of Income and Asset from Garnishment docs to PRA via CMRRR and filed the same docs with the court on Friday. Request for DV was sent earlier last week, got the green slip back for receipt they received it. I initially called our state DOL and asked about PRA, they told me over the phone that they were not currently licensed and asked me to send an email. I got an email back from our state DOL stating again that PRA is NOT currently licensed in our state, but they have applied. PRA stated in their Summons & Complaint dated in Jan 2013 that they were duly licensed (I wasn't served till this April) I sent an email back to the DOL asking what I need to do to get an Affidavit attesting to this Friday night so hopefully I will hear back on Monday what I will need to do to get one. Anyways, I have filed a written complaint as well with the DOL and looking where else I can file one against them for falsification of a court document. Here is my question as I'm not sure I fully understand the FDCPA rules. Can someone plz advise me which reg to look at?? Also now what is my next step. I am reading and trying very hard to understand, but so much good communications, advise etc on this site and just over whelmed at this point. Thank you again for any help to this matter.
  16. I hope it is OK to post this information. The CA suing me is on this list and I am about to file against them as well. If not OK to post this, please Admin delete. Thank You!! Disciplinary actions: Collection agenciesFor details about many of these disciplinary actions, please see Search business and professional licenses. January 2013 Resort Recovery Solutions, LLC (UBI #6024503710010002) — San Diego, CAFinding: Failed to cooperate with an investigation.Action: Fined $1,000. December 2012 Westwood Asset Management — Buffalo, NYFinding: Unlicensed collection activity.Action: Ordered to cease and desist collection activities until properly licensed. November 2012 Liquidebt Systems, Inc — Warrenville, ILFinding: Unlicensed.Action: Ordered to cease and desist collection activities until licensed. National Check Resolution Inc. — Lawrenceville, GAFinding: Unlicensed.Action: Ordered to cease and desist collection activities until licensed. Revenue Reporting Service — Orchard Park, NYFinding: Unlicensed.Action: Ordered to cease and desist collection activities until licensed. October 2012 Progressive Services Company (UBI #602-373-488-001-0001) — LynnwoodFinding: Failed to maintain a business office open to the public with license displayed and records available.Action: Fined $1,000. August 2012 M. Callaghan & Associates, LLC — Getzville, NYFinding: Unlicensed activity.Action: Ordered to cease and desist collection activities until licensed. Williams Scott & Associates — Atlanta, GAFinding: Unlicensed activity.Action: Ordered to cease and desist collection activities until licensed. July 2012 C.C.S. Recoveries, LLC, and Worldwide Recoveries, LLC — Santa Ana, CAFinding: Unlicensed collection activity.Action: Ordered to cease and desist collection activities until properly licensed, and fined $1,000. June 2012 Jomax LLC, dba Jomax Recovery Services (UBI #602-876-327) — Glendale, AZFinding: Failed to maintain required surety bond.Action: License revoked. May 2012 Fidelity Information Corporation (UBI #602-287-573) — Los Angeles, CAFinding: Failed to maintain a security bond.Action: License revoked. NIKKO Management Group, Inc. — Williamsville, NYFinding: Unlicensed.Action: Ordered to cease and desist collection activities, and fined $1,000. Portfolio Recovery Group LLC (UBI #603-093-086) — Grand Island, NYFinding: Failed to maintain a security bond.Action: License revoked. United Portfolio — Roseville, MNFinding: Failed to maintain a security bond.Action: License revoked. Past disciplinary actionsIf you’re interested in earlier collection agency disciplinary actions, please contact us atCollect@dol.wa.gov. Types of licensesRenew your licenseMilitary assistanceFor consumersLook up a business or professional licenseFile a complaintDisciplinary actionsUCC
  17. BV80, yes I checked both account numbers and they do not match. Going to concentrate on getting the DV's out by Friday and concentrate on my answer to the actual complaint on the law suit filed on the first one I have been served thus far. Thank You again for your help.
  18. Thank You Big Sister & BV 80 for the post and info. I don't have the slightest idea where the two new accounts are coming from. I do have a Capital One account on my credit report that was opened 02/03 and charged off account date unknown. Last payment per credit report was Oct 2011. I honestly couldn't even tell you what the Capital account was for??? Portfolio Recovery Associates LLC state on the 2 letters the seller is Capital One Bank, N.A.. The SOL for Washington state is 6 years, so don't understand how it would qualify for being SOL? So do I send a request for Demand verification on both of these letters??
  19. BV80 , I literally don't understand why a statement like that would be on their collection letter (it appears on both), thought that I was dumber than usual lol, that is why I asked what it meant. I are probably wrong but it is to be assumed that if I pay it they won't sue me or report it to any credit reporting agency. Instead I am taking it literally as it says, "Because of the age of you debt, we will not sue you for it and we will not report it to any credit reporting agency" and then right below it it gives the Quality Service Specialists available Mon-Fri 8AM-5 PM (EST) and then on and on about not happy with the way I was treated..... If I wasn't totally confused before, I sure the hec am now!!!
  20. Ok I'm still trying to figure out what I'm going to send as my definitive defenses?? Help any more ideas?? Also in their Court Summons, they have stated that they are duly licensed to conduct business in the state of Washington. Well,... I called the Division of Licensing and they said they are NOT licensed yet, they did apply about 2 weeks ago. The DOL had me put my request in writing via email so that they could give/send me all the particulars concerning their request for a WA business license. Trying now also to find where that is a violation. So sorry to be such a pain in the hinne, but I really am not the brightest person and trying my best to get a hold on all the wonderful information on this site. My poor printer is about dead today! lol
  21. Thank You so very much TomnTex for taking the time to answer. I just got off the phone with the Dept of Licensing and they told me that Portfolio Recovery Associates, LLC., is not currently licensed in the state of WA, but they had applied. They had me send an email with my request that so that it would be official and they could put the exact dates that PRA applied etc.and any other information I may need. Now to try and research the rules about them filing a S & C when they aren't even licensed. SOL is 6 yrs to the best of my knowledge and research, can't use SOL. Yes, I am on permanent SSDI and that is the only money I receive and is put into my bank. Still confused about the wording I stated in my original post. I'll go and research Linda 7's arbitration posts. TY!
  22. So I was just served with a Summons and Complaint letter this past Saturday 4/20/13 from Portfolio Recovery Associates, LLC, for another account (GE Capital Retail Bank/Paypal)that I never received any correspondence for collections from them.. I sent them a DV letter even after the fact. Researching this great site on how to answer the complaint. Now..... Just today in the mail, I got two of those pull the tabs and open type letters from the same PRA collections agency for two more accounts for Capital one. I could only find 1 account on my credit report for Capital One and it has been charged off and last payment to them was Oct 2011.Here is my question and leaves me completely confused. On the backside of both of these letters above where they have a break down of the balance, principal, interest etc right above it the following statement: Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency. What exactly does this mean?? Very confusing to me...in other words if I don't pay you what you allege I owe you, you wont sue or report it??? I'm on permanent SSDI, and couldn't pay them if I tried. Sorry to seem to be so naive, but I am really baffled with this one. Thank you for any help or assistance you may have!