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DV Letter received with redacted acct number??


finns71
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Collection agency is a law firm collecting for Portfolio Recovery

 

Original collection letter received early September 2012. Request for DV sent on Sept 25 via certified mail(obviously they received). So I get a letter in the mail today in response to my DV request. Letter is dated April 16 2013 I guess they took their time finding the information.

 

What I received was a cover letter stating receipt of the DV with the Law Firm identifying themselves as an agent for Portfolio, defining the original creditor as HSBC and stating the amount supposedly owed. Attached was a photo copy of a statement with correct Name and Address info but the account number is redacted in at least two places. There's also some large redacted area below what would have been the remittance portion of the invoice.  Also to note is the date of the statement which is from March 26 through April 26 2010. I know we didn't have any active credit cards at this point in time. Best guess estimate is that last activity on this account, if valid was early to mid 2008. However, since I cant see the account number, I can't tell anything.

 

So I guess the questions I have are:

Does the DV response fall within reason? I mean 5.5 almost 6 months seems excessive.

Is it a valid DV since the account number is redacted

How do I respond to the DV either way if it's valid or not(I can't validate it in reality).

Finally i'm a bit fuzzy on SOL in my state. I live in Illinois. I believe on credit cards the SOL is 5 years. Which I believe would make 2012 the year the SOL ran out if my 2008 activity date is correct.

 

Any guidance would be appreciated.

 

 

Thanks

 

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In my opinion, it's not sufficient validation, but that's just my opinion.  Did Porfolio provide the original amount of the debt and does the final amount on the statement match?

 

If you're last payment was in 2008, and if the SOL is 5 years, the debt would be time-barred this year (2013).

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Guest usctrojanalum

Yeah it's probably borderline I can see it going both ways.  They sent you name of the OC with a balance most cases that is sufficient validation.  The redacted parts seem weird.

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Yeah it's probably borderline I can see it going both ways.  They sent you name of the OC with a balance most cases that is sufficient validation.  The redacted parts seem weird.

 

The redacted account number is why I said the validation may not be sufficient.  Why would they do that?  Now, if Portfolio has ever provided the original balance, and the balance on the cc statement matches, then it might be sufficient.

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The letter i received today matches the statement. However the original letter I received in 2012 offered a "reduced" offer if we paid in a lump sum but they never provided the original total that was provided in this current letter.

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I just reread your 1st post.  Was the dunning letter you received in September, 2012 from Portfolio or from the attorney?  If it was from the attorney, did he provide the original amount of that debt in that first collection letter before you requested validation?

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I just reread your 1st post.  Was the dunning letter you received in September, 2012 from Portfolio or from the attorney?  If it was from the attorney, did he provide the original amount of that debt in that first collection letter before you requested validation?

It was from the attorney. I never received letters from portfolio.I'm sure they sent em, I just never received them.I also found some information that we settled with the OC in December of 2008 on a balance that was significantly less than what they are stating we owe them.I went back and looked at the original letter from the atty that had an account number that i could match up with something. Unfortunately, I don't have a 1099-C or a settlement statement to back that up. All I have is a written settlement amount with a confirmation number that we got from the OC when we paid. I don't think we would have recd a 1099 c because the amount was less than $500.

 

So in summary, it looks like last activity on the account(as far as I can get my wife to admit to) is December of 08 for an amount significantly less than what Portfolios atty's are claiming my wife owes. I would imagine that if the acct was settled by the OC for an amount less than what we owed, the account would not be allowed to be used any longer, no?

 

Edited to add, the original amount was not stated on the Attorney's letter, only that they would settle for XXX.XX dollars which was less than what is being shown to us now as an amount due.

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If you have proof that you settled with the OC, I don't think you need a 1099.  Not all OC's send them.   If you have a check or some proof of payment that goes with the letter, as long as the letter states the account is settled and paid, it's settled. 

 

Do you have proof?  Can you get a copy of your bank records/checks?

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If you have proof that you settled with the OC, I don't think you need a 1099.  Not all OC's send them.   If you have a check or some proof of payment that goes with the letter, as long as the letter states the account is settled and paid, it's settled. 

 

Do you have proof?  Can you get a copy of your bank records/checks?

Like i said, it's just hand written on some records we have that shows the account number and what we paid with a confirmation number from the OC. No official letter from the OC. Goes to show you how important it is to keep good records...which unfortunately we did not do in this case. I think we're hosed but i'm going to see if I can get something from the bank since I know the time frame exactly when it was paid for proof. I doubt the OC will have the payment confirmation still on record.

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Like i said, it's just hand written on some records we have that shows the account number and what we paid with a confirmation number from the OC. No official letter from the OC. Goes to show you how important it is to keep good records...which unfortunately we did not do in this case. I think we're hosed but i'm going to see if I can get something from the bank since I know the time frame exactly when it was paid for proof. I doubt the OC will have the payment confirmation still on record.

Most people do not keep good records.  Debt collectors count on it.

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