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Portfolio Recovery Debt validation


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I did a DV to Portfolio and just received their validation of original creditor amount date purchased and affadavit of purchase. The same typical info that any CA would have after purchasing a junk debt.

they did not provide proper validation as outlined under FDCPA, as no copy of original signed contract and itemized calculations of interest based on the original amounts, etc, etc. were provided to me.

What is the next best step, they are still reporting this debt fraudulently as in reaging tactics.

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I did a DV to Portfolio and just received their validation of original creditor amount date purchased and affadavit of purchase. The same typical info that any CA would have after purchasing a junk debt.

they did not provide proper validation as outlined under FDCPA, as no copy of original signed contract and itemized calculations of interest based on the original amounts, etc, etc. were provided to me.

What is the next best step, they are still reporting this debt fraudulently as in reaging tactics.

I am facing a similar situation myself. I got the same generic validation and I sent PRA another letter requesting original signed contract etc but they replied back by saying that we have already responded to your request and will not be answering any more replies requesting debt validation. I am hoping someone replies here with the proper next step that will help you.

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By the way, what makes you think they are reaging?

They reported to the CRA's that it it an open account and that the payments were delinquent as of March 2007. No payments have ever been made. They also reported it as an open account and not a collection. Typical CA credit reporting tactics.

If they do not respond with proper validation then my only recourse is to prove to the CRA's that proper validation was not provided and if they do not remove it from CR then hit them with the willful non compliance routine?

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Same crap they pulled with me. Like I said, file a complaint with the BBB, which they will probably ignore. (they ignored mine.) Then hit them with the VA OCA. After MONTHS of them harassing me they are finally gone from my credit report. It took some doing, and them continuing to screw up my credit, BUT they are gone!

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they did not provide proper validation as outlined under FDCPA, as no copy of original signed contract and itemized calculations of interest based on the original amounts, etc, etc. were provided to me.

There is nothing in the FDCPA that requires what you are asking for.

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Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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.

The FDCPA statutes are not specific as to this, but is not providing the original signed contract an absolute validation?

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Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509

Spears is not controlling on the issue of DV. Lots of people would like to think so, but ... not.

What it does say, is that the mere existence of a contract does not prove that a debt is owed upon it.

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Exactly. I am not going to get in to the fine points of law, as I am not knowledgeable enough for that, however, I have spoken to an attorney that advised me in the fact that the CA has to provide "verifiable and undisputable" proof that the debt is mine and to show payment history, and that the CA has the legal right to collect it. PRA has not provided this information. all they have provided is a computer printout that is handed off from CA to CA as the debt gets sold along with an affadavit that they purchased the alleged debt. PRA is the 3rd CA to purchase the alleged debt, the burden of proof is theirs, and so far it has not been "proven", yet they continue to try and collect during the dispute period and have not marked my records accordingly.

This is not so much a matter of "legal collection" methods, but the fact that PRA has fraudulently attacked my CR's with false information.

A second letter has just been sent, notifiying them that their verification is not valid proof of the debt in question. If they fail to provide the information then I will take things to the next level.

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2 things:

FYI: 1. I had an attorney also. She seemed to think that those very same papers were all they needed to provide to prove they bought the debt.

2. PRA will most likely have copies of bills from the original creditor. Once the attny got involved they were able to produce them. They were the last few bills that I received from the OC. The account was close to 4 years old.

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Heh, I'm at this precise stage with Portfolio myself. Just sent them a response to their answer, and idiotic affidavit. Someone mentioned it before, but search for "Chaundry and affidavit", and you'll get some useful info. My response basically was, your affidavit is not proof, as I can get an affidavit stating I own the Empire State building and have any random notary stamp it. I quoted some verbiage I found within some thread I found when I searched "Chaundry and affidavit", and we'll see what happens.

I'm currently looking to find cases against Portfolio in Florida. I'm thinking within the next six months, I'm going to have to sue them in small claims, but I've got to line up my ducks first. As far as I can tell, if they keep reporting with no validation, they're in violation, but I'm still foggy on whether or not I can sue on that basis, as I don't think they're required to validate anything after that 30 day notice... The idea, from what I've gathered so far, is to have them keep "violating" over some amount of time, then nail them with suit... work in progress, but I'll definitely advise you on what their response, if any is. They should be getting my CMRR within the next day or two....

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