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Can I sue Portfolio for reporting fake monthly payments?


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I've read a few times that people had luck removing Portfolio by calling them out on reporting fake monthly payments on collections. Please see attached image of report. I've DV'ed them and they sent validation. I'm within SOL but dont care if they try suing.

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@duck1098

 

If you didn't make those payments, I'd dispute FIRST with the credit reporting agencies.  Dispute the payments.   I would do so by mail.  Keep all records of your dispute.

 

If Portfolio verifies the information, you have an FDCPA and FCRA cause of action.

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@duck1098

 

If you didn't make those payments, I'd dispute FIRST with the credit reporting agencies.  Dispute the payments.   I would do so by mail.  Keep all records of your dispute.

 

If Portfolio verifies the information, you have an FDCPA and FCRA cause of action.

I disputed as not mine in June and they verified. They also dropped my balance by about $1000 which was interest I believe.

Now what if I dispute the payments and they just correct their reporting? Would I still have something for making that mistake in the first place?

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@duck1098

 

 

Now what if I dispute the payments and they just correct their reporting? Would I still have something for making that mistake in the first place?

 

Possibly, but not necessarily.   The FCRA provides for disputes for a reason.  That's to give the furnisher a chance to correct inaccurate information.

 

If they correct it after your dispute, they've followed FCRA guidelines. 

 

The FDCPA can be confusing.  CAs can be held liable for mistakes, BUT, the statute does allow for bona fide error which doesn't hold the CA responsible.   Go figure.

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Gotcha. I was also going to file a BBB complaint but want to add something about them reporting as "factoring account". I'm reading so many conflicting things about that.. Would this 4 year old, within sol CC debt be a factoring account with Portfolio(also LVNV)?

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Don't bother with the BBB. They are not a government agency and recent investigations have shown they sell their memberships. I know this is true because they tried to sell me one when I was still mobile. Haven't you been wondering why a company (PRA) can have 1600+ complaints that haven't been handled according to the consumer and maintain an A+ rating with the BBB?

Contact the CFPB:

http://www.consumerfinance.gov/complaint

Or submit a complaint to your state attorney general.

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Don't bother with the BBB. They are not a government agency and recent investigations have shown they sell their memberships. I know this is true because they tried to sell me one when I was still mobile. Haven't you been wondering why a company (PRA) can have 1600+ complaints that haven't been handled according to the consumer and maintain an A+ rating with the BBB?

Contact the CFPB:

http://www.consumerfinance.gov/complaint

Or submit a complaint to your state attorney general.

It looks like some people had luck with filing with BBB. But I will try those too. Thanks

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Gotcha. I was also going to file a BBB complaint but want to add something about them reporting as "factoring account". I'm reading so many conflicting things about that.. Would this 4 year old, within sol CC debt be a factoring account with Portfolio(also LVNV)?

 

If a JDB owns the account, it can't be a factored account.  Does the entry say "factored account" or "factoring company"?

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It actually says Factoring Company Account

 

Unless Portfolio factors accounts, it's incorrect.   But I don't believe it hurts your CR.  I'd dispute it and see what happens.  On it's own, I don't think it means much.  But, if they verify it, you could add it to a list of violations you may have.

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15 U.S.C. 1692e(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

 

The case law suggests "payment history" = "credit information"

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Just went a head and filed a complaint with BBB and CFPB.

I had a few missed calls from Portfolio days after they received my C&D also.

 

Here's the description I put in the complaints.

 

"Portfolio Recovery has contacted me multiple times after being sent a Cease and Desist which was sent via certified mail, return receipt(70112970000186******)
In addition, they are reporting false payments every month from me but I have never made any payments to this company. They're also listed on my credit report as a factory company account which I believe they are not."

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Don't expect much to come about from the complaints you filed... the only thing that Midland understands is a summons to the nearest federal courthouse...

 

Dispute with the bureaus then send a 623 request to Midland...
 

 

 

Also - these complaints could speed up their wanting to sue you a little faster.

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Don't expect much to come about from the complaints you filed... the only thing that Midland understands is a summons to the nearest federal courthouse...

 

Dispute with the bureaus then send a 623 request to Midland...

 

 

 

Also - these complaints could speed up their wanting to sue you a little faster.

Yeah I figured its not the best written complaint but my brain is fried from reading so much and I just want to do something. This is actually for Portfolio and I wouldnt care if they sue me, I'll hire a consumer attorney to negotiate a delete.

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