NewLife4Me Posted December 19, 2007 Report Share Posted December 19, 2007 So I got my DV reply back from portfolio recovery. They sent me nothing more then a paper from them containing --Account Holder Name:xxxxxAccount holder Address:xxxxxDate of loan:xxxxxxAccount holder's last 4 digits of SSN:xxxxxPRA purchased this account:xxxxxxThe current outstanding balance:xxxxxxxxxThis also sent State of Virgina Affidavit of Owner and Sale of claim Link to comment Share on other sites More sharing options...
merkurfan Posted December 19, 2007 Report Share Posted December 19, 2007 is the affidavit from the OC and showing the sale to portfolio? Or is it portfolio saying "yup we bought it" Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 19, 2007 Author Report Share Posted December 19, 2007 is the affidavit from the OC and showing the sale to portfolio? Or is it portfolio saying "yup we bought it"yeah it does says it has been assigned and sold stamped by Notary Public and Virginia seal Link to comment Share on other sites More sharing options...
merkurfan Posted December 20, 2007 Report Share Posted December 20, 2007 right. but who is listed on it? Is the company that the debt originally started with (the oc) listed as the seller and portfolio as the buyer? Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 20, 2007 Author Report Share Posted December 20, 2007 Thanks for relying. i took a picture of what they sent me.. Link to comment Share on other sites More sharing options...
sgip2000 Posted December 20, 2007 Report Share Posted December 20, 2007 Thanks for relying. i took a picture of what they sent me..Looks like it was "notorized" by a Portfolio employee. Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 20, 2007 Author Report Share Posted December 20, 2007 Humm, well here is a pic of the ink stamp Link to comment Share on other sites More sharing options...
myscoresawful Posted December 20, 2007 Report Share Posted December 20, 2007 It looks to me like a Portfolio employee is swearing that they purchased this debt from the OC.It also looks like she is not saying there are actual records anywhere to support their claim as to how they come up with the amounts they say you owe, the "which the account records are maintained in the ordinary course of business" could mean, they had them, but then they were purged, so this affadavit will have to do.....???Anyway, this is not anything from the OC. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted December 20, 2007 Report Share Posted December 20, 2007 PR’s position is undoubtedly that this document meets the requirements for validation under the law and will continue collection activity based on that (assuming your DV was timely and they stayed collection activity before supplying this.The real issue is whether this proves to YOUR satisfaction that the debt is yours, the debt is valid, that PR now is the creditor and that the balance requested is accurate.For me, it would not prove those points; whether it does for you is for you to decide and frankly, it depends on what you already know (and therefore don’t need to have proven to you). Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 20, 2007 Author Report Share Posted December 20, 2007 PR? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted December 20, 2007 Report Share Posted December 20, 2007 PR?Portfolio Recovery Link to comment Share on other sites More sharing options...
win270 Posted December 20, 2007 Report Share Posted December 20, 2007 If was with in the 30 days the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt and a copy of such verification or judgment, is mailed to the consumer by the debt collector. Thats not a copy of what the OC sent them. bet they didnt even contact The OC. Link to comment Share on other sites More sharing options...
Ahntara Posted December 20, 2007 Report Share Posted December 20, 2007 To answer the original question: It depends on what, exactly, you mean by "proof". If the question is "Does this reply constitute proper legal validation of the debt", then the answer depends on established case law from your judicial district/circuit. So, that will vary from location to location. There is no cut-and-dried answer. It also depends on how you wish to use this info. If your question relates to your own satisfaction, then...what Robert Nashville said... Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 20, 2007 Author Report Share Posted December 20, 2007 So where can i find what constitutes "proof" in my state. I dont consider that proof of debt. I wanted to know how they came to the $$ figure?? So statements would be nice.. Link to comment Share on other sites More sharing options...
merkurfan Posted December 21, 2007 Report Share Posted December 21, 2007 I say no. that is not proof. you could type up a letter saying you say it's not your debt, have it notorized and send it back here is the text of the FDCPA that applies here..( 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.OBTAINS verification of the debt. Obtain it from who? the OC more than likely. Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 21, 2007 Author Report Share Posted December 21, 2007 Humm Thanks.. Link to comment Share on other sites More sharing options...
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