JRC5420 Posted October 27, 2016 Report Share Posted October 27, 2016 Apart from the five items listed under 15 USC 1692g Sec. 809 (b) - I'm assuming it would be ideal to request more data, correct? I'll run the risk of appearing to ask for entirely too much by posting what I was going include in my request list - is this too much? I'm dealing with Portfolio Recovery Associates, LLC. I'm in KY & the amount is $2,600... • Agreement with your client that grants you the authority to collect on this alleged debt • Agreement bearing my signature stating that I have agreed to assume the debt • Valid copies of the debt agreement stating the amount of the debt and interest charges • Complete payment history along with complete accounting of additional charges being assessed • Proof that the Statute of Limitations has not expired • Any Judgments obtained by any creditor regarding this account • Verification that this debt was assigned or sold to collector • Name and address of alleged creditor • Name on file of alleged debtor • Alleged account number • Address on file for alleged debtor • Amount of alleged debt • Date this alleged debt became payable • Date of original charge off or delinquency • Commission for debt collector if collection efforts are successful • Proof that you are licensed to collect in my state • Your license numbers and Registered Agent Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 27, 2016 Report Share Posted October 27, 2016 3 hours ago, JRC5420 said: • Agreement with your client that grants you the authority to collect on this alleged debt • Agreement bearing my signature stating that I have agreed to assume the debt • Valid copies of the debt agreement stating the amount of the debt and interest charges • Complete payment history along with complete accounting of additional charges being assessed • Proof that the Statute of Limitations has not expired • Verification that this debt was assigned or sold to collector • Name on file of alleged debtor • Alleged account number • Address on file for alleged debtor • Date this alleged debt became payable • Date of original charge off or delinquency • Commission for debt collector if collection efforts are successful • Proof that you are licensed to collect in my state • Your license numbers and Registered Agent UGH. This list is nothing but errors. I deleted the two items the DO have to provide. NONE of that list has to be provided as part of validation. If you sent that to PRA all you did was tell them you can cut and paste a BAD letter from the internet and do not know what your rights are under the FDCPA. First and foremost PRA does not have to validate this debt unless you sent your letter within the 30 days of their FIRST contact with you. If you sent it as part of credit repair or finding the trade line on your credit reports they can ignore your letter (though likely won't) and continue collection efforts. Some states allow a consumer to validate at any time under their state laws by KY is not one of them. 3 hours ago, JRC5420 said: • Any Judgments obtained by any creditor regarding this account • Name and address of alleged creditor • Amount of alleged debt THIS is all they need to provide you in debt validation. PERIOD. All that other crap on that list is nonsense and PRA knows it. All a good DV letter needs to say is "I dispute this debt please validate." Anything else is frivolous and the creditor can ignore it in most states without violating the laws. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 27, 2016 Report Share Posted October 27, 2016 3 hours ago, JRC5420 said: I'm assuming it would be ideal to request more data, correct? NO. Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 27, 2016 Report Share Posted October 27, 2016 @JRC5420 Clydesmom is correct. However, if you don't have a judgment against you, then there's no judgment for them to provide. All they have to do is verify the amount of the debt and that you are the debtor. If they did not provide the name of the OC, you can request it. Quote Link to comment Share on other sites More sharing options...
JRC5420 Posted October 27, 2016 Author Report Share Posted October 27, 2016 @Clydesmom Ouch, didn't mean to frustrate you there. I was waiting for that type of response. I appreciate you cleaning out the unnecessary points. Based on my experience with their phone tactics, an overly-loaded list like that looks like professional artwork. That's assuming I planned to just send all of it without inquiring at a place like this first. Also, when I assumed it would be ideal to ask for more - sarcasm. Perhaps I should've put an emoji? @BV80 Thanks for your kind response & time! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 27, 2016 Report Share Posted October 27, 2016 3 hours ago, JRC5420 said: @Clydesmom Ouch, didn't mean to frustrate you there. You are not frustrating me that [expletive] letter that is all over the internet IS. Quote Link to comment Share on other sites More sharing options...
JRC5420 Posted October 28, 2016 Author Report Share Posted October 28, 2016 @Clydesmom Understood. I looked up how many active cases PRA has in my county alone and it's just a little over 1,000. Since I'm new to this type of research that's a high amount to me but it's probably a normal, perhaps even low, amount to anyone else familiar with this type of thing. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 28, 2016 Report Share Posted October 28, 2016 4 minutes ago, JRC5420 said: I looked up how many active cases PRA has in my county alone and it's just a little over 1,000. Since I'm new to this type of research that's a high amount to me but it's probably a normal, PRA is one of the top five if not three junk debt buyers. They file hundreds of thousands of lawsuits every year. It is one reason they are under a consent order with the CFPB because of their robo-filing of spurious cases hoping for the default judgment. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 28, 2016 Report Share Posted October 28, 2016 35 minutes ago, JRC5420 said: @Clydesmom Understood. I looked up how many active cases PRA has in my county alone and it's just a little over 1,000. Since I'm new to this type of research that's a high amount to me but it's probably a normal, perhaps even low, amount to anyone else familiar with this type of thing. The bread and butter for JDBs such as PRA and Midland Funding is default judgments in states where wage garnishment is allowed. Then you have the fact that a judgment is also a lien on real property. Their next source of income is through settlement. Familiarize yourself with federal consumer protection statutes such as the FDCPA, FCRA, and TCPA. Also learn about any consumer protection statutes particular to your state. Here's a start for you on the FDCPA: http://www.creditinfocenter.com/debt/debt-validation-myths.shtml Quote Link to comment Share on other sites More sharing options...
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