phlix

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Posts posted by phlix

  1. I have been fighting Portfolio Recovery Association. I was waiting for our court date but I just found that they filed a motion to dismiss my counterclaim as well as motion summary judgement to try to have this found in their favor before we even get to see a judge. My defense is that this isn't my account and they have failed to provide me a signed or any contract that I have signed. I am basically saying they have Lack of Standing to sue. I also do not believe that this is actually my debit. I am not sure how to respond to something like this. Please help.

     

     

  2. I am sure that I couldn't convince a judge that Zion opened the an account in May of 2016 but in activity or payments or anything of that nature an an account resets the 7 year period and also the statute of limitations. So if they are re-aging my debit by reporting their first piece of activity on May of 2016 then thats against the FCRA right?

  3. Well if they have re-aged my account and violated the FCRA I would rather sue them and have them just leave me alone. If I just dispute it they will fix the information and just have it re-added to my report. This has cost me as I was right in the middle of purchasing a house and randomly showed up 4 years later and dropped my credit score by over 50 points!

  4. So I have an item on my credit report from an old bank account. The account was closed in February of 2012 and all the sudden 2 months ago I get a letter from a credit collector telling me that i owe them money and they are now reporting on my credit report. They set the date opened as 5-1-2016 but this account has not had any activity since 2012 when it was closed.. So they can wait 4 years and report me to a credit collector and now they can report this 4 years later and its stuck on my credit report now for 7 years from may of this  year?? Are they allowed to do this?

  5. Nope, and I never even heard from them before. I closed my bank account 4 years ago. I guess they say some random charges came through that I was not aware of over the last years somehow.. I had no idea what was going on when I got a letter from a collection company.

  6. So they can purchase any debit from anyone and not having any firsthand knowledge other than whoever the  people they bought the debit from say it is and go straight to your credit report without giving you any chance to dispute it? They can just buy a debit from someone and file it on their credit the second they get it with giving no chance to either pay the debit or challenge the debit?? That sounds awfully corrupt.

  7. Does this say that they are required to?? 809(a) ?

     

    § 809.  Validation of debts

    (a) Notice of debt; contents
    Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    (1) the amount of the debt;

    (2) the name of the creditor to whom the debt is owed;

    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

    (b) Disputed debts
    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

  8. I thought that by law they had to give you notice that they have your debit and give you 30 days to respond before they are able to report you to collections. How can they report you to collections if you have never had a chance to tell them if its your debit or not. What is the point of responding within 30 days?? If they just submit you to credit agency before sending you notice why does the 30 day response matter?

  9. Yes, they are the company that sent me the 30 day notice. I responded to the notice within the 30 days asking for validation. However from looking at my credit report it looks like they added this to my credit a few weeks before I even received the notice.

  10. So I have been digging a bit deeper. It appears that they sent me to collections BEFORE they even sent me the notice. I received their first notice that states I have 30 days to respond. However, they sent me to collections before I had even received this notice.. Is this a violation?? Also, it appears on my credit report it is showing the last active date as the date they first reported it. This debit is 4 years old and I have never admitted to any debit and never once made a payment to them. Last activity on this should be the day the bank account was closed in 2012.

  11. This was an old bank account they I had closed and some random charge came through that i had no idea about. This is 4 years old and just hearing about it now. They sent a photocopy of my signature card a copy of the last statement and the front and back of an old check. I thought they are required to send a letter about a new debit.

  12. I received a notice from a collection company saying I owed them money
    and had 30 days to dispute. I have disputed the debit and recently
    received their validation. Within 5 days of getting their validation it
    has now showed up on my credit report. Do I not have any time to
    investigate the data that they have sent me or any time to respond to
    this?? Can they just ship me whatever they feel is validation and then
    report me to collection agency? I can find all sorts of information on
    the internet about how to dispute a debit. But can't find anything
    anywhere about what my rights are and what the next step is after they
    send you what they feel is sufficient validation. Could someone please
    help point me in the right direction?