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Portfolio Recovery Associates


chippinaway
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I received a dunning letter:

"Portfolio Recovery Associates purchased the above referenced account (a few months ago)..."

"Unless you notify this office within 30 days after receiving this notice (how do they know which day I received it?) that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid...."

There is nothing on my CR about this. My credit score has improved significantly since (what I think this issue is about) and I think that is why this JDB is after me. The incident occurred 7 or 8 years ago.

Can someone please advise me on the best way to deal with this issue, to nip it in the bud and prevent them from harassing me and ruining my credit? I don't trust these people, I've read that they re-age accounts and I don't want that to happen but don't know how to prevent it if it's a "my word against theirs" kind of thing. I don't have any supporting documentation, all I have is this letter they sent me. I only have a couple days left before 30 days after receipt has occurred. Thank you for any advice you can offer.

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I received a dunning letter:

"Portfolio Recovery Associates purchased the above referenced account (a few months ago)..."

"Unless you notify this office within 30 days after receiving this notice (how do they know which day I received it?) that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid...."

There is nothing on my CR about this. My credit score has improved significantly since (what I think this issue is about) and I think that is why this JDB is after me. The incident occurred 7 or 8 years ago.

Can someone please advise me on the best way to deal with this issue, to nip it in the bud and prevent them from harassing me and ruining my credit? I don't trust these people, I've read that they re-age accounts and I don't want that to happen but don't know how to prevent it if it's a "my word against theirs" kind of thing. I don't have any supporting documentation, all I have is this letter they sent me. I only have a couple days left before 30 days after receipt has occurred. Thank you for any advice you can offer.

if you are for sure, the SOL of the debt is expired, you dont have to be stressed out a lot. Perhaps that's why they didnt report it with the CRA's too. I have somewhat similar situation that I am dealing with Asset Acceptance: they sent me a settlement offer for an account that's 8 years old.

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if you are for sure, the SOL of the debt is expired, you dont have to be stressed out a lot. Perhaps that's why they didnt report it with the CRA's too. I have somewhat similar situation that I am dealing with Asset Acceptance: they sent me a settlement offer for an account that's 8 years old.

How did you respond to them?

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PRA is a pain in the a$$ most of the time. They like to "poison" your credit reports by listing themselves as a current default..... claiming to be an OC and re-age the account. DV them right away if you're still within SOL. Send a firmly worded C&D if your beyond SOL for sure. They will most likely blow off your DV request or ignore the C&D.... but you have to go through the motions to protect your rights anyhow.

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  • 3 weeks later...
You should have sent it to their physical address. I think it's 140 Corporate Blvd. Norfolk, VA. Keep us updated as to your progress with them. I'm still in a full out battle with them that has been going on for months.

They signed the green card but have not responded to my DV request.

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I am in a battle with them as well. I DV'd them and they responded in a week, with their computer generated B.S and an affadavit that they own the debt, blah, blah. I disputed the CRA's and they verified within two weeks. I have sent PRA a second letter telling them that they did not provide proper validation and to C&D and remove their fraudulent reporting off of my credit report or else. You should see what they put on my report! I also filed a complaint with the Virginia and Arizona BBB and will be following up with the AG offices if they can not provide validation and MoVD as required, it could be as many as 4 combined violations, Cha Ching$$$, I have a SOL ace in the hole that I have not informed them of yet. I despise this company beyond all belief, and I am going to stick it to them anyway I can, along with experian.

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Just checked my TU report, and PR is gone. Of course they assigned it over to a "Lawfirm" who sent me a letter last month which I promptly DV'd along with information that I was well aware of PR's claim and the fact that they have not been able to validate the debt in over 18 months. It's been over 30 day and I haven't heard anything. The new CA lawfirm is not reporting so for my purposes it's good at this moment.

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They are holding (not sure if they really own it or not, but the HSBC account now has a zero bal and states it was sold, so sounds like they do own it) a collection on me. They sent me the letter, then the minute the 30 days was up, they began reporting as 120 days past due and they update every month. They're blood suckers in the worst way.

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They are holding (not sure if they really own it or not, but the HSBC account now has a zero bal and states it was sold, so sounds like they do own it) a collection on me. They sent me the letter, then the minute the 30 days was up, they began reporting as 120 days past due and they update every month. They're blood suckers in the worst way.

CRAP1 VALIDATED MY ACCOUNT AFTER I WROTE ONE OF THEIR EXECUTIVE VP'S. A SLEW OF INFO WAS PROVIDED THAT DOESNT CORRESPOND WITH MY CREDIT REPORT. I'VE GOT A FUNNY FEELING THEY WILL TRY TO SUE NOW THAT I AM NEAR MY SOL (ACTUALLY I THINK MY SOL STARTS THE DATE OF MY LAST PAYMENT LEADING UP THE THE CHARGEOFF, BUT THEY ARE SAYING MY DOLA IS THE FOLLOWING MONTH--WHICH THEY FEEL IS DECEMBER). ANY THOUGHTS ON THIS WOULD BE APPRECIATED BECAUSE I THINK I WILL HAVE TO COUNTERSUE THEM. OR, SHOULD I STRIKE FIRST BECAUSE I KNOW THEY WILL NOT STOP REPORTING NEITHER WILL EXPERIAN.

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CRAP1 VALIDATED MY ACCOUNT AFTER I WROTE ONE OF THEIR EXECUTIVE VP'S. A SLEW OF INFO WAS PROVIDED THAT DOESNT CORRESPOND WITH MY CREDIT REPORT. I'VE GOT A FUNNY FEELING THEY WILL TRY TO SUE NOW THAT I AM NEAR MY SOL (ACTUALLY I THINK MY SOL STARTS THE DATE OF MY LAST PAYMENT LEADING UP THE THE CHARGEOFF, BUT THEY ARE SAYING MY DOLA IS THE FOLLOWING MONTH--WHICH THEY FEEL IS DECEMBER). ANY THOUGHTS ON THIS WOULD BE APPRECIATED BECAUSE I THINK I WILL HAVE TO COUNTERSUE THEM. OR, SHOULD I STRIKE FIRST BECAUSE I KNOW THEY WILL NOT STOP REPORTING NEITHER WILL EXPERIAN.

For heaven's sake, SHOW UP if they do! Even if you know that they have their ducks in a row, you show up and cost them time and money by having it reset to another date and keep it going as long as you can, wear them down, they sometimes will just say screw it and drop suit even if they can prove you owe it, if it means they will spend more money proving it.

The DOLP may or may not be the DOLA, usually, they will report the month that they wrote it off or closed the account as the DOLA, and that is usually a couple of months at least, AFTER your last payment. The DOLP, or the following month when it became the DOFMD should be the first day of your SOL. They will try and reset the DOLP, they are doing it to me to keep this crap on my report, even though they dropped suit, so I am disputing and fighting them. They can't do that in court though because they have to show the DOLP on their records to the judge.

They sent my account to an attorney who looked at the last statement and thought it was for 2002. I know this because when I first looked at it, I thought the same thing, but realized they were just backwards dates. They thought they had a good year or two left on the SOL, when we got to court, I told the judge the SOL had expired and when he asked the attorney, he said he didn't know. When we went back to court, the only thing the attorney said when we were called up there was "we've decided to drop suit".

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  • 2 weeks later...

I received this letter 21 days after the date on their letter and I do live in the same country as PRA. They did NOT provide the date of first deliquency and I am nearly 100% positive it is past SOL. I believe that is why they are not providing the date. Please advise as to what I should do now. Thanks!

Re: Request for Additional Information ########

We are in receipt of your recent request for additional information pertaining to the account referenced above.

OC's name:*******

OC's address:******

Account holder's name: (me)

Account holder's address: (mine)

Date of loan: THIS PART IS BLANK!!! :confused:

Account holder's last 4 digits of SSN:****

PRA purchased this account: (date purchased)

The current outstanding balance is: $***

*Interest continues to accrue on this account and will accrue ....

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In response to your post….

I had dealings with this company and they are particularly nasty…The way to get them and any other scum bag debt collector completely off your back…

Do you have a copy of their “offer” letter to you??? If so, have you requested that they validate their claim against you, in writing??? I don’t know what state you are in but many states also have their own consumer protection laws and you should include them in any debt validation request. Understand, these scum bags have NO contract with you…so they need to proof up and they can’t. If you speak with them, you can potentially re-contract with them and now you have a big battle. Don’t speak to them on the phone, tell them to put their “offer” in writing. You do not discuss matters such as this without knowing for sure who you are talking with…they won’t even give you their legal names, so this is another place where you get them, someone has to authenticate, which means they have to use their real name and swear to it under the penalty of perjury, and they just won’t do that, otherwise it’s hearsay evidence and you can contest it’s validity. Also with that, NEVER send original documents, only copies, an original signature is what is needed for validation, zerox copies and the like can be challenged in court, they MUST produce the original. Your zeroxed signature is NOT your signature…it’s a picture or copy of your signature…two very different things under the rules of evidence.

If you have responded you should respond again, but this time with the use of a Notary…under an affidavit of service, sent certified mail – return receipt requested). Tell these scum bags, in the letter, that ALL future correspondence/communications must be made to the Notary, period the end, any response not made to the Notary will be deemed a non-response. What the Notary is doing is “officially” witnessing your dispute. Also tell them they are not allowed to call you period, at work, at home, etc. and the only communication that you will accept from them is PROOF of their claim addressed to the notary, otherwise it’s harassment. If they call you after they receive the letter (you can check the date they get it through the post office www.usps.com), give them one opportunity to comply, because they will tell you that they haven’t got the letter, it’s probably in their hands as they are telling you that. Tell them you have the receipt card back and you know they got it. You can then tell them that the letter was witnessed by the Notary and you could care less if they put your letter through the paper shredder or used it for toilet paper), Give them 14 days to response to your request for validation – proof of their claim (if you need a validation letter email me privately, you will have to modify it to fit your situation and state laws, but it will give you a good base to work from). When they don’t response and provide you with verified proof (authenticated) send them another letter (Notice of Fault – Opportunity to Cure….you are being very nice to these scum bags and giving them every opportunity to come into honor…your “good faith” efforts to resolve the controversy), through the notary again, with a copy of the original request under a new affidavit of service, give them three days to response, exclusive of the receipt date and allow three days mailing. When they don’t response again, you prepare an affidavit of non-response for the notary, who will need to get it notarized by another notary, and then have the notary witnessing your validation, send that under an affidavit of service, certified mail return receipt requested. Now they are in legal default…as witnessed by a state official, so you have an “official” witness to the default, if they should haul you into court. They will be all done and now you can sue them.

Also, as a suggestion, since these scum bags are trying to re-contract with you, you can include a self-executing contract to them in your letter. Tell them that if they harass you without providing validation that you will charge them $5.000 per incident for violating you rights and harassment, if they sell the un-validated debt to another scum bag collector you will charge them $10,000 for the added headache and harassment and you will notify the new scum bag and tell them they (old scum bag) sold you an uncollectible debt that is in lawful default, so now the new scum bag goes after the old scum bag…then lastly, they love to take you to court and default you…how convenient that they know where to send the first dunning letters, but have a brain cramp when including your address for notification to the court…when you don’t show up (duhhhh, cause you weren’t notified) they get a 55a default judgment against you….so you stop that in it’s tracks by stating in your self-executing contract that if they do that you will hit them with a $25,000 fine. The beauty of this is that they agreed to it when they decided to violate your rights…so now you just go to court and get a summary judgment against them.

Now have the Notary make two copies of all the documents you sent and then you take them to the court (federal is probably best) and open an evidence file and have them recorded…(in Mass is costs $39.00 to open one, you can find the federal court in your area and get their website….usually they list a fee schedule for how much it is to file miscellaneous documents), then send a copy of the recorded document to the scum bags…

In the self executing contract, (you can really scare them by going to your local Sec. of State website, to the corporate division link and look them up, then you know who all the officers of the company are and you can notice them that you intend to sue them for violating your protected rights). What this clause generally does is put this into it’s death throws and you usually get a letter back stating that they have closed their account and have returned the debt to the original creditor….since the original creditor has already sold it off, that means it’s DOA.

Have fun….It’s time to really fight back….and the Notary validation is a lethal weapon against them (the Notary validation process comes under the Uniform Commercial Code and every state has one, go look them up on your general laws)

PS, this is not legal advice….it’s just what’s worked for me and several others that have used the Notorial process for validating debts…we find that without the notary, even if you send the letter certified, that they still harass you to death, and sometimes still take you to court (that you usually don’t know about) and default you. They don’t like witnesses and there isn’t any better than an official state one.

Good Luck

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I received this letter 21 days after the date on their letter and I do live in the same country as PRA. They did NOT provide the date of first deliquency and I am nearly 100% positive it is past SOL. I believe that is why they are not providing the date. Please advise as to what I should do now. Thanks!

Re: Request for Additional Information ########

We are in receipt of your recent request for additional information pertaining to the account referenced above.

OC's name:*******

OC's address:******

Account holder's name: (me)

Account holder's address: (mine)

Date of loan: THIS PART IS BLANK!!! :confused:

Account holder's last 4 digits of SSN:****

PRA purchased this account: (date purchased)

The current outstanding balance is: $***

*Interest continues to accrue on this account and will accrue ....

When I DV I ask for these three things. You can send them another DV if you want tellling their response does not validate the debt. They can not just type something up on their letterhead and say that is sufficent.

1 Provide proof that your company owns the alleged debt or has been assigned the alleged debt.

2 Provide me with a complete payment history, starting with the original creditor if you are not the original creditor.

3 Copy of the original signed loan agreement or credit card application.

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