Portfolio Recovery Associates DV Response

[SNFernandez]

I recently sent a DV to Portfolio Recovery Associates and received the following in response:

Here is a summary of additional information listed in the electronic file for this account:

Account holder’s Name Provided by Seller: (Correct name)

Account holder’s Last 4 Digits of SSN: (Correct number)

Date Account Opened Provided by Seller: 3/9/2006

Balance at date of PRA purchase: $2558.69

Interest accrued since the date of purchase or last payment to PRA: $570.20

Costs and Other Fees: $0.00

Total Balance Due as of the Date of this Letter: $3128.69

My DV letter requested the following:

1.Agreement with your client that authorizes you to collect on this alleged debt.

2.Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.

3.Complete payment history on this account, to prove that the amount you wish to collect is accurate.

4.Itemization of all charges.

5.Proof that the statute of limitations has not expired.

I've read differing opinions on what is required in a DV response, but I'm wondering if this meets the legal requirements.

SOL has expired. I'm just hoping to get them removed. Open to PFD, though that will have to wait since I don't have the funds at the moment.

Any information would be appreciated. Thanks.

[1stStep]

It appears they provided the bare minimum to validate...

They do not have to provide anything else you asked for in the numbers 1-5.

So the next step is up to you - pay or do nothing. They may sue you - they may not.

[Coltfan1972]

I've read differing opinions on what is required in a DV response, but I'm wondering if this meets the legal requirements.

I doubt you have read differing court opinions, which of course is what counts. They provided you with what is required, actually more, assuming that information came from the original creditor.

The laundry list of requests has no legal backing and actually puts you in a worse position, in my opinion. It's the same as yelling at a cop that you will see him in court, after he writes you a speeding ticket, because he did not let you see the radar gun or give you Miranda prior to asking you why you were speeding.

[SNFernandez]

I meant I've read differing personal opinions in various forums, so I was hoping to get some clarification on what's actually required.

I used a template to create the list in my original post, which I actually scaled back, but I appreciate your input.

[nascar]

I meant I've read differing personal opinions in various forums, so I was hoping to get some clarification on what's actually required.

The controlling case on this question is and has been for a long time, Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. Md. 1999):

Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Consistent with the legislative history, 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.

[panickattack]

The controlling case on this question is and has been for a long time, Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. Md. 1999):

This is confusing me... I thought that the debt collector needed to provide evidence in order to get a judgement. So they could say that I owed a million bucks and their word is good enough in a court of law?

I don't claim to be the smartest girl in the world, and I really hope I am interpreting this wrong. Please clarify. Thanks!

[Torden]

This is confusing me... I thought that the debt collector needed to provide evidence in order to get a judgement. So they could say that I owed a million bucks and their word is good enough in a court of law?

I don't claim to be the smartest girl in the world, and I really hope I am interpreting this wrong. Please clarify. Thanks!

Unless the information you provided is incomplete, this is just plain collection taking place right now. The information requirement right now is minimal. Some starts have more, but not much more.

If they sue you, that is when you can demand more information (and argue to the judge if they fail to provide it that the debt is not valid, etc). But if this debt really is past SOL, that's your defense up front in a lawsuit. If not, then pursue other issues like no signed contract, no valid assignment, etc.

[panickattack]

Thanks for clarifying! My apologies -- my brain is fried right now and I thought I was posting about a case that was going to be brought to trial.

Please disregard my last post. I didnt mean to be confusing!

[Informed]

I recently sent a DV to Portfolio Recovery Associates and received the following in response:

Here is a summary of additional information listed in the electronic file for this account:

Account holder’s Name Provided by Seller: (Correct name)

Account holder’s Last 4 Digits of SSN: (Correct number)

Date Account Opened Provided by Seller: 3/9/2006

Balance at date of PRA purchase: $2558.69

Interest accrued since the date of purchase or last payment to PRA: $570.20

Costs and Other Fees: $0.00

Total Balance Due as of the Date of this Letter: $3128.69

My DV letter requested the following:

1.Agreement with your client that authorizes you to collect on this alleged debt.

2.Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.

3.Complete payment history on this account, to prove that the amount you wish to collect is accurate.

4.Itemization of all charges.

5.Proof that the statute of limitations has not expired.

I've read differing opinions on what is required in a DV response, but I'm wondering if this meets the legal requirements.

SOL has expired. I'm just hoping to get them removed. Open to PFD, though that will have to wait since I don't have the funds at the moment.

Any information would be appreciated. Thanks.

Are Debt collectors required to be licensed in California ?

Does California have reciprocal agreements with other states ?

Portfolio is licensed in Norfolks, Va, but I can't find they are licensed in California. check California law.

[SNFernandez]

My understanding is that they don't need to be licensed in California.

[1stStep]

Are Debt collectors required to be licensed in California ?

Does California have reciprocal agreements with other states ?

Portfolio is licensed in Norfolks, Va, but I can't find they are licensed in California. check California law.

California does not require debt collectors to be licensed.

[Dr. Evil]

I recently sent a DV to Portfolio Recovery Associates and received the following in response:

Here is a summary of additional information listed in the electronic file for this account:

Account holder’s Name Provided by Seller: (Correct name)

Account holder’s Last 4 Digits of SSN: (Correct number)

Date Account Opened Provided by Seller: 3/9/2006

Balance at date of PRA purchase: $2558.69

Interest accrued since the date of purchase or last payment to PRA: $570.20

Costs and Other Fees: $0.00

Total Balance Due as of the Date of this Letter: $3128.69

My DV letter requested the following:

1.Agreement with your client that authorizes you to collect on this alleged debt.

2.Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.

3.Complete payment history on this account, to prove that the amount you wish to collect is accurate.

4.Itemization of all charges.

5.Proof that the statute of limitations has not expired.

I've read differing opinions on what is required in a DV response, but I'm wondering if this meets the legal requirements.

SOL has expired. I'm just hoping to get them removed. Open to PFD, though that will have to wait since I don't have the funds at the moment.

Any information would be appreciated. Thanks.

Did you tell them it was an attempt to correct their records and any information would be used for that purpose?

[SNFernandez]

Yes, I did.

[Coltfan1972]

Yes, I did.

FYI

Doctor Evil is be sarcastic since you made a laundry list of demands they under no legal obligation to provide you, in response to a DV letter.

[Informed]

California does not require debt collectors to be licensed.

Does Az require Debt collectors to be licensed ?...if so is Portfolio licensed in AZ ?

[1stStep]

So it's a gray area - debt buyers do not have to be licensed in AZ...so the ilk of PRA or LVNV can skate without being licensed...

[SNFernandez]

FYI

Doctor Evil is be sarcastic since you made a laundry list of demands they under no legal obligation to provide you, in response to a DV letter.

I wondered if that was the case but didn't think someone would take the time to respond just to be rude. Unfortunately that seems to be fairly common in this forum, and I'm not sure why.

I was under the impression we were here to help one another, but perhaps I'm in the wrong place.

I do appreciate those of you who try to offer helpful information.

[Dr. Evil]

FYI

Doctor Evil is be sarcastic since you made a laundry list of demands they under no legal obligation to provide you, in response to a DV letter.

I was just trying to make the subtle point that you do yourself a disservice when you blindly take something off the internet and actually send it to someone you have done business with.

Whoever originally wrote that letter should be flogged and I hope it isn't somewhere on this site. It sounds great to consumers but has no basis in law or fact.

OP sorry you were offended.