bmc100 Posted September 1, 2011 Report Share Posted September 1, 2011 In June this year, I get a letter from Portfolio Recovery stating they bought a debt from HSBC.The HSBC account was a fraudulent account and after a fraud dispute HSBC deleted the account from my credit report.I called PRA in June and told them the account was fraudulent and I will responding in writing as well.On June 30, 2011, I sent a letter disputing this account as fraud and PRA has not responded in writing up to this point.Today, I check my credit report and PRA started to report to the CRA in the last couple days. I called PRA back and told them that they received my dispute and they agreed they did. So, I asked if they ever intended to respond to my dispute? They told me that they are sending a dispute package in the mail. I told them it has already been 2 months since you received my dispute, so you never had any intention to send a dispute package. I asked to speak to legal or compliance. The rep refused so I told me to tell legal I am taking legal action against them under the FDCPA and FCRA and to call my attorney from here on out or remove the account from my credit report and close out my file. They did not reply, so I told the rep to expect a call from my attorney and you will be sued.To anyone that reads this, do not roll over and die. Fight back and get money out of them. Link to comment Share on other sites More sharing options...
Downto0 Posted September 1, 2011 Report Share Posted September 1, 2011 If PRA did not report the tl as disputed then you have another FDCPA violation. I would also do a 623 dispute directly to the CRA's. Link to comment Share on other sites More sharing options...
bmc100 Posted September 1, 2011 Author Report Share Posted September 1, 2011 If PRA did not report the tl as disputed then you have another FDCPA violation. I would also do a 623 dispute directly to the CRA's.That is a FCRA violation Link to comment Share on other sites More sharing options...
Downto0 Posted September 1, 2011 Report Share Posted September 1, 2011 (edited) It is a FCRA and a FDCPA violation. The problem is that you would not have private right of action with the FCRA violation. It sounds like you are just talking with PRA about the dispute. You would have to do a 623 dispute to have a private right of action under the FCRA. Edited September 1, 2011 by Downto0 Link to comment Share on other sites More sharing options...
bmc100 Posted September 4, 2011 Author Report Share Posted September 4, 2011 I did dispute the debt with the CRAs as well. I first sent a letter to PRA, then dispute with the CRAs. If it comes back verified, then I will send another dispute letter to PRA. If they do not respond again or show on my credit report that it is in dispute, then I got a FCRA violation. I can still have my attorney sue them and get a FDCPA award and then have him negotiate with PRA to remove the tradeline as well. Link to comment Share on other sites More sharing options...
bmc100 Posted October 13, 2011 Author Report Share Posted October 13, 2011 I sent written disputes to the CRAs and PRA was deleted from all three credit reports. Now, if they try to add their trade line back and the CRAs do not notify me...that is an FCRA suit. Link to comment Share on other sites More sharing options...
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