Recommended Posts

Hello Folks,

  While viewing my free credit reports I see that one of the agencies shows Portfolio Recovery Assoc, LLC as in collections.  I am in the midst of  Warrant in Debt litigation (in Virginia) with PRA on an alleged Capital One credit account.  Why do I not see Capital One listed in my credit report?  Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies.  Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act?  Can I now submit that credit report as evidence that the Capital One account has been closed?  I have other concerns regarding defending myself in this matter.  Looking for a "coach" to walk me through it all.  Thanks.  Coach Mac

Share this post


Link to post
Share on other sites
1 hour ago, Coach Mac said:

Why do I not see Capital One listed in my credit report? 

A tactic junk debt buyers are now using to avoid consumer counter claims of FCRA and FDCPA violations when they sue.  Part of the sales agreement for the bad debt portfolio is that the original creditor stops reporting.

1 hour ago, Coach Mac said:

Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies.

As a legal assignee PRA "steps" into the place of the original creditor with all rights and responsibilities which includes their being able to report the debt.

1 hour ago, Coach Mac said:

Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act?

Based on this:  no.

1 hour ago, Coach Mac said:

Can I now submit that credit report as evidence that the Capital One account has been closed?

The account being closed does not mean there isn't a debt owed.  The credit report is not admissible as it is hearsay.

Share this post


Link to post
Share on other sites

Thank you Clydesmom... How then would I verify the "charge off" date or other payment records, etc?  Also, is the account correctly classified as a negative and "in collection"  when PRA and I are in litigation?  Thanks again.  I'm also wondering about the original creditor's failure to mitigate damages after seeing the CFPB's report and Consent Order regarding CapitalOne's history of questionable fee and business practices.  Are CFPB publications like those regarding CapitaOne and Portfolio Recovery admissible under requests for Judicial Notice before or during trial?  Thanks again.

Coach

 

PS- I'm also looking for a "Coach" in VA.

Share this post


Link to post
Share on other sites

I would love to know the answer as well, Porfolio is on my report and Synchrony (the OC) is completely removed now so I can't see charge off dates or anything. It's in collections but I am not being sued...yet.

The company that IS suing me is on there too along with the OC with dates and all, go figure.

Share this post


Link to post
Share on other sites
On 3/27/2017 at 11:29 AM, Muddy Waters said:

How then would I verify the "charge off" date or other payment records, etc? 

You would have to get copies from the OC. 

On 3/27/2017 at 11:29 AM, Muddy Waters said:

Also, is the account correctly classified as a negative and "in collection"  when PRA and I are in litigation?

Yes.

On 3/27/2017 at 11:29 AM, Muddy Waters said:

I'm also wondering about the original creditor's failure to mitigate damages after seeing the CFPB's report and Consent Order regarding CapitalOne's history of questionable fee and business practices.

You defaulted.  There is no requirement in the FDCPA that they mitigate their damages prior to selling the account.

On 3/27/2017 at 11:29 AM, Muddy Waters said:

Are CFPB publications like those regarding CapitaOne and Portfolio Recovery admissible under requests for Judicial Notice before or during trial? 

The court will determine if they are admissible.  The court can consider the consent orders but are not bound by them they are not law.

Share this post


Link to post
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.