Noreturn Posted September 7, 2019 Report Share Posted September 7, 2019 The OC account is nowhere to be found on any of my 3 credit reports. I am trying to find a dispute I filed with the OC but that info no longer exists. Is there anything to look for on a credit report to defend my case? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 7, 2019 Report Share Posted September 7, 2019 Credit reports are hear say and cannot be used. Many creditors delete the trade line before suing to prevent counter claims. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted September 7, 2019 Author Report Share Posted September 7, 2019 Jdb is Portfolio Recovery. Their account is listed on my report as a "installment loan" . What types of cross claims are they trying to avoid by deleting the "trade line"? Quote Link to comment Share on other sites More sharing options...
Noreturn Posted September 7, 2019 Author Report Share Posted September 7, 2019 2 minutes ago, Noreturn said: Jdb is Portfolio Recovery. Their account is listed on my report as a "installment loan" . What types of cross claims are they trying to avoid by deleting the "trade line"? Or counter claim Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted September 7, 2019 Report Share Posted September 7, 2019 6 hours ago, Noreturn said: Jdb is Portfolio Recovery. Their account is listed on my report as a "installment loan" This is reporting inaccurately, but you don't have a cause of action until you notify them it's wrong and they refuse to correct it. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 7, 2019 Report Share Posted September 7, 2019 8 hours ago, Noreturn said: Jdb is Portfolio Recovery. Their account is listed on my report as a "installment loan" . What types of cross claims are they trying to avoid by deleting the "trade line"? Possible FDCPA violations. The problem you have is that they are only required to correct the error in reporting it won't defeat a lawsuit in court. They can claim bona fide error and that when notified of it they corrected it. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted September 7, 2019 Author Report Share Posted September 7, 2019 Okay I understand, not much help then to defend this case. The messed up part is they've removed everything from capital one which makes it hard to prove that the card on this account was reported lost/stolen and then closed. Sounds like this wouldn't help me anyway to defend account stated. Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 7, 2019 Report Share Posted September 7, 2019 10 hours ago, Harry Seaward said: This is reporting inaccurately, but you don't have a cause of action until you notify them it's wrong and they refuse to correct it. The FDCPA doesn’t require they be notified of an error. However, I don’t see it as a major issue that the account has been reported as an installment loan vs. a revolving account or credit card. The statutory damages could be very minimal. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 8, 2019 Report Share Posted September 8, 2019 4 hours ago, Noreturn said: The messed up part is they've removed everything from capital one which makes it hard to prove that the card on this account was reported lost/stolen and then closed. If you reported the card lost/stolen to Cap1 and closed the account you should still have all your copies of those records. That would be something to never get rid of. That information reporting on a credit report could not be used as evidence of fraudulent transactions. You would need actual copies of the statements leading up to the fraud report and closing. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted September 8, 2019 Report Share Posted September 8, 2019 4 hours ago, BV80 said: The FDCPA doesn’t require they be notified I was thinking FCRA violation, but as clydesmom pointed out, FDCPA violations are subject to a bona fide error defense. Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 8, 2019 Report Share Posted September 8, 2019 10 minutes ago, Harry Seaward said: I was thinking FCRA violation, but as clydesmom pointed out, FDCPA violations are subject to a bona fide error defense. Oh, ok. The OP would need to dispute with the credit reporting agencies, but it might be worth a try. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted September 9, 2019 Author Report Share Posted September 9, 2019 On 9/7/2019 at 6:07 PM, Clydesmom said: If you reported the card lost/stolen to Cap1 and closed the account you should still have all your copies of those records. That would be something to never get rid of. That information reporting on a credit report could not be used as evidence of fraudulent transactions. You would need actual copies of the statements leading up to the fraud report and closing. I more than likely lost my card, I reported it under lost/stolen. They sent a new card which I never activated ( guess I shouldn't say closed) I saw the lost/stolen entry on my credit report a few weeks later and made a mental note. Now almost 3 yrs later and without any docs whatsoever I'm trying to figure my best strategy to defeat PRA's account stated claim. I was hoping this one credit report entry might help show the plaintiff failed to prove an essential element in cause of action. I did ask for dv, disputed after their response. The account stated action is killing me. It's time 4 discovery but can't even decide specific demands to include in request for production of documents. Thanks for responding, appreciate the knowledge found here. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 9, 2019 Report Share Posted September 9, 2019 9 hours ago, Noreturn said: I more than likely lost my card, I reported it under lost/stolen. They sent a new card which I never activated ( guess I shouldn't say closed) I saw the lost/stolen entry on my credit report a few weeks later and made a mental note. Now almost 3 yrs later and without any docs whatsoever I'm trying to figure my best strategy to defeat PRA's account stated claim. You contact Cap1 for copies of all statements from the date you reported the card missing/stolen to default/charge off as well as copies of all correspondence sent to and from them regarding the missing card. Once you have that information you can dispute the amount PRA is suing you for if it does not match. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted September 9, 2019 Report Share Posted September 9, 2019 Regarding FCRA, we used that against a debt buyer when they reported one amount and sued tor another. Process involves disputing with CRAs, who then contact creditor. If creditor confirms a wrong amount to CRAs, there is a possible FCRA violation. We turned a debt into a small windfall with that process. Quote Link to comment Share on other sites More sharing options...
Noreturn Posted September 10, 2019 Author Report Share Posted September 10, 2019 7 hours ago, Clydesmom said: You contact Cap1 for copies of all statements from the date you reported the card missing/stolen to default/charge off as well as copies of all correspondence sent to and from them regarding the missing card. Once you have that information you can dispute the amount PRA is suing you for if it does not match. Not sure why but I figured I shouldn't contact OC. I am pretty sure the charge off amount is different from the amount in this lawsuit. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.