Jump to content

After Non-Suit, cleaning up after Portfolio Recovery


AmericanRitual
 Share

Recommended Posts

This site, and one particular poster here from Texas, got a lawsuit against me from Portfolio Recovery Associates pretty much thrown out (technically it went to Non-Suit, after Discovery was requested).

 

So it got me thinking about credit repair.  The Non-Suit obviously didn't magically peel those negative accounts from the three bureaus.  I even went so far as to call The Credit People, but when they didn't call me back on what was an easy sale, I thought I might try it myself.  And I am definitely confused!  So I have a Dispute Letter I am creating, and sending it out to all three bureaus, disputing the above account as "Not Mine," or as close to that as I feel I can get within the context of the letters.  Based on what I have seen so far, the goal is to dispute the CRAs as "Not Mine," whilst sending a Validation request to Portfolio Recovery Associates.  Some sort of magic takes place where if Portfolio Recovery responds within the dispute time with the CRA, it can be against the FCRA.

 

Now, in my particular case, this may be neither here nor there!  I have a letter of non-suit in my pocket, but I noticed that the original creditor (CAP ONE, later HSBC) shows charge-off at $3790, but Portfolio has me at $3791 on all bureaus.  Is this a factor?

 

Anyway, the letter I am sending to each bureau is in this format; am I doing something wrong with my first step?

 

May 11, 2015

TransUnion Consumer Relations

P.O. Box 2000

Chester, PA 19022-2000
 

Dear friends at TransUnion:

I recently pulled a copy of my credit report and found that you are reporting the following inaccurate information in my file that is negatively affecting my credit score.  I want to dispute this account:

Creditor:  Portfolio Recovery Associates

Account Number:  xxxxx

Account Rating:  Collection Account

Reason: I have no recollection of the particulars of this debt.  Please notify me on the results of your investigation within 30 days.  My contact information is provided below and I have included proof of my social security and current address to avoid any delays in your response time.

 

I look forward to receiving an updated copy of my credit report from TransUnion reflecting the above correction.  I appreciate what you do for consumers like me.

Sincerely,

 

 

Me and my address
 

Social Security Card and Drivers License with correct address attached.

 

Link to comment
Share on other sites

Meanwhile,  I plan to send this to Portfolio Recovery as well:

 

May 11, 2015

 

Portfolio Recovery Associates
120 Corporate Blvd Ste 100

Norfolk, VA 23502

 

Re: Acct # xxxxxx

 

Dear Debt Buyer,

 

            You recently sued me.  After requesting court-appointed Discovery, you pulled out and filed to the court a Non-Suit.  Be advised, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested and a copy of the Non-Suit is attached, as your attempt to sue me for this alleged debt failed.

            As I live in Texas, I am also protected under Texas law.  §392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

            This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you or I want this alleged, false debt taken off of all credit bureau's reports, including Experian, Equifax, and TransUnion.  I have no recollection as to the particulars of this alleged debt.  Please be advised that the FDCPA requires you to stop all collection activities until you have produced these documents and delivered them to me.

 

Please provide me with the following:

 

·         What the money you say I owe is for;

·         Explain and show me how you calculated what you say I owe;

·         Provide me with copies of any papers that show I agreed to pay what you say I owe;

·         Provide a verification or copy of any judgment if applicable;

·         Identify the original creditor;

·         Prove the Statute of Limitations has not expired on this account;

·         Show me that you are licensed to collect in my state; and

·         Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

·         Violation of the Fair Credit Reporting Act

·         Violation of the Fair Debt Collection Practices Act

·         Defamation of Character

·        

            If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

            Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

            If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

            I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

            This is an attempt to correct your records, any information obtained shall be used for that purpose.

 

 

Best Regards,

 

Me

Link to comment
Share on other sites

I'd suggest you just send your dispute to the CRAs and see what happens.  If they don't delete, try the "623  dispute method" (at the top of the page).

 

Your letter to the debt buyer is probably useless.  You really have no way to force them to respond (and, the content of the letter is directed more at "debt validation" (although it way, way too much overkill) and you're beyond that).

 

And...a "non suit" really only means they decided not to pursue the case at this time.  They may try again later.

  • Like 1
Link to comment
Share on other sites

We had a recent discussion about TFC in this thread- http://www.creditinfocenter.com/community/topic/325850-ca-does-not-validate-what-does-this-mean-legally/

 

There has apparently been a false rumor floating around regarding a more stringent debt validation requirement than FDCPA per this code while it actually contains no mention of debt validation whatsoever. 

 

In my opinion this should be completely left alone until you are 100% certain that the SOL has expired.  The JDB has no legal obligation to comply with your demands and is best not being reminded of you and your case any longer.  Be happy and satisfied that you won and let it rest for now.    

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.