FloridaGator2 Posted October 8, 2010 Report Share Posted October 8, 2010 Basically I sent in a complaint to BBB that PRA has not validated my debt and they are reporting inaccurate information on my credit report.Here is how they responded:Portfolio Recovery Associates has fulfilled its obligations as a debt purchaser to the consumer under the Fair Debt Collection Practices Act. It is our understanding that "verification is only intended to 'eliminate the . . . problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid," and "involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed." Chaudrhry v. Gallerizzo, 174 F.3d 394, 406 (4th Cir. 1999). "There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt." (Ibid.) The Fair Debt Collection Practices Act "does not require Defendant to maintain or obtain a copy of the underlying agreement that created the debt. Rather, the FDCPA merely requires Defendant to verify the debt by mailing to Plaintiff the name and address of the original creditor or a copy of any judgment that formed the basis of the debt. See 15 U.S.C. § 1692g(." Parazetta v. Pinnacle Credit Services, LLC, No. 4:09-CV-85 (M.D. Ga. June 24, 2010).As we continue to meet our obligations in this regard, however, we will accommodate the consumer by refraining from further collections communications and responding only to such further requests as the consumer may submit to us or through the credit reporting agencies.How should I respond? Link to comment Share on other sites More sharing options...
cinnamngrl Posted October 9, 2010 Report Share Posted October 9, 2010 1. BBB doesn't do much. report a CA to the AG2. Did PRA respond at all to the DV? Link to comment Share on other sites More sharing options...
FloridaGator2 Posted October 9, 2010 Author Report Share Posted October 9, 2010 1. BBB doesn't do much. report a CA to the AG2. Did PRA respond at all to the DV?The only thing PRA sent back was another letter trying to collect. Does that fact that they are still reporting the collection to the credit report constitute collection activity? Link to comment Share on other sites More sharing options...
FloridaGator2 Posted October 9, 2010 Author Report Share Posted October 9, 2010 Actually I just answered my own question.Reporting debt to a credit bureau is considered collection activity. Thus, the debt cannot be reported until verification is provided. Cass, FTC Informal Staff Letter (Dec. 23, 1997) (reporting to a credit bureau is “collection activity”that must cease until verification is provided). Link to comment Share on other sites More sharing options...
cinnamngrl Posted October 9, 2010 Report Share Posted October 9, 2010 So I would report this to the AG. I am not sure it will fix everything but this is a violation and they should be notified. So the BBB response sounds like they are claiming that they did respond to DV. I would send a MOV letter to the CRA. So it is pretty clear that they can't add the tradeline before responding to the DV, but if the tradeline is on your report sometimes they will just mark it in dispute. That's why i would do the MOV Link to comment Share on other sites More sharing options...
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