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Portfolio answer to my DV


mopman64
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For some reason Portfolio loves me.  

 

A few days ago I received the normal dunning letter:  We purchased this debt from HSBC, you owe us 500 blah blah blah from Portfolio,

 

So this time I am not making the same mistake that I did with my other acct that they are suing me on.  I was sure to DV and to elect arb all with a CMRRR, which I did receive the green card back.

 

Today I receive a letter from Portfolio saying this is your name and address and to also fill out these two forms on credit card theft.

 

I never said anything about cc theft, so where did they come up with that?  

 

I think I read about them doing this on some other web site where then send out these forms after some one DV's them, the person them fills out the forms and bingo, Portfolio now has all the info they want on that person.

 

Am I wrong on this?

 

Oh and I have no intent on filling them out.  Am I doing the right thing?

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Definitely don't fill it out.   They are sending you the "if this isn't your account prove it" standard letter.  They may not have even read it. 

 

They are not in violation as they were just asking for information, but if you get any more from them regarding the debt, they are in violation of the FDCPA.  

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How would they be in violation?

Continued collection activity without validating the debt.   You're under no obligation to fill anything out and if they take your silence as a right to continue to hound you, that is when you invite them to federal court for a law lesson.

 

Tricks like this are just designed to intimidate and defect attention away from the real fact that a junk debt buyer has no proof that would ever hold up in court if properly challenged. 

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I had a collector do that on me ... wanted me to fill out a form for ID theft and include a police report.  I just said the debt was not mine because I never did business with that OC.  So I followed up and explained to them that unless THEY PROVE it was ID theft, I was taking it to mean they fabricated the debt by means of a mixup in their computer records or a security failure that let hackers in to jumble their database.  It's past SOL so I'm having fun.

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