Portfolio Recovery Associaties LLC and lack of verification (2024)

Ok first Im new to this who fighting debt collectors and fixing credit but I have been searching the site and learning what I can do and try to do.... So anything you can recemend I would love it!

Have this Collection account with Porlfolio Recovery Associaties LLC and I know who they purchashed the debt from. I also know PCI complance and what the Credit Card company can and cannot provide 3rd parties (working for a bank helps)

For past 3 or 4 months I have been fighting with Credit Agencies that I know nothing of this debt, bla bla bla so after reading on the forums about Consumer Financial Protection Bureau I filed a complaint there.

I get 2 letters today.

First one says in a previous letter to me, they requested that I send Portfoilio Recovery Asociates additional information pertaining to the account referenced above so that the Disputes Department could complete the investigation of the alleged dispute.

Dumb question but if Im asking for proof of this debt, something that shows it is truly mine, why would I send them anything? Im asking for them to prove it, and this shows me they cannot so can I use this letter as proof to the Credit Agencies they cannot prove this debt?

2nd letter I get is a Verification Information Concerning Portfolio Recovery Associates.

Its got the seller of the debt. Th Merchant, and the Original Creditor name. Its also got the full card number of the credit card and amount, My Name, the last 4 of my SS#, Date it was opened but no proof other then this typing in a letter that shows this debt is truely mine.

Is there anything I can do to fight this with the Credit Agencies? In the past I've used a credit repair company to fix this stuff.....With the paycuts from work and costs of kids I really cannot go there again.....

Thanks for reading!

So I did find something that helps. Anouther post on the board and I got the same letter they showed as Verification of Debt. This Verification is on their company letter head, and states they have a electronic file from when they purchased the debt...... No where does it show they went back to the orginal creditor to verify this debt. So Im thinking of sending a letter something like this:

Portfolio Recovery Associates LLC

Dept 922

PO Box 4115

Concord CA 94524

My Name

Address

Address

Date: 6/24/2014

RE: *****************

For Whom it may concern,

After filing a complant with Consumer Financial Protection Burial in looking for Verification of Debt for the amount of $1,723.94 I have recived 2 letters from you.

In the first letter Iyour asking for additional information pertaining to the account referenced above however all information was included in the Consumer Financial Protection Burial complant so I am confused as what your asking for here.

In the 2nd letter which I am assuming is your version of a Verification of Debt I am not seeing anywhere here where you obtained verification. As this is on your companies letter head, and states you have a electronic file under FDCPA you must obtain verification not sort through your own files and find something that looks legit. I expect a clear assignment of the debit, and a copy of the pertinent contract which was in effect at the time of default.

If you cannot show this debt as being properly verified as defined under FDCPA then this record must be removed from my credit reports as you cannot verify the debt.

You have 15 days to provide proper verification otherwise I will follow with a complaint to the California District Attorney’s office, and the FTC for improper collection methods, and file complaints with the Consumer Financial Protection Burial.

Thank you,

From ME

Does this sound right? Will this get me anywhere? Im going off a older post here that went down this road with them....

0Kudos

You have a couple different things going here. First, I'm assuming that a DV was sent, and it seems like they met this criteria. Was a MOV sent on this? That is how they would explain how they verified the debt. If the debt was sold to them by the OC, there shouldn't be a problem with them verifying. But, these things get watered down so much, many times information is lost or skewed.

I would see what they say in response to your letter.

0Kudos

MOV? Sorry new to this so getting all my ducks in a row before I go after something to fix....

I looked the thru forum and found a sample letter of a MOV. So Im assuming use that template and send it to the 3 CRA's and wait to see if it goes away?

0Kudos

@jppodst wrote:

Ok first Im new to this who fighting debt collectors and fixing credit but I have been searching the site and learning what I can do and try to do.... So anything you can recemend I would love it!

Have this Collection account with Porlfolio Recovery Associaties LLC and I know who they purchashed the debt from. I also know PCI complance and what the Credit Card company can and cannot provide 3rd parties (working for a bank helps)

For past 3 or 4 months I have been fighting with Credit Agencies that I know nothing of this debt, bla bla bla so after reading on the forums about Consumer Financial Protection Bureau I filed a complaint there.

I get 2 letters today.

First one says in a previous letter to me, they requested that I send Portfoilio Recovery Asociates additional information pertaining to the account referenced above so that the Disputes Department could complete the investigation of the alleged dispute.

Dumb question but if Im asking for proof of this debt, something that shows it is truly mine, why would I send them anything? Im asking for them to prove it, and this shows me they cannot so can I use this letter as proof to the Credit Agencies they cannot prove this debt?

2nd letter I get is a Verification Information Concerning Portfolio Recovery Associates.

Its got the seller of the debt. Th Merchant, and the Original Creditor name. Its also got the full card number of the credit card and amount, My Name, the last 4 of my SS#, Date it was opened but no proof other then this typing in a letter that shows this debt is truely mine.

Is there anything I can do to fight this with the Credit Agencies? In the past I've used a credit repair company to fix this stuff.....With the paycuts from work and costs of kids I really cannot go there again.....

Thanks for reading!

This is all that is required to satisfy the DV that you sent. And this would be considered a valid debt unless you claim it is fraud/identity theft and file a police report and fraud affadavit. Nothing else is really required of them.

If you disclaim the debt or the original amount, that would have stemmed from the OC of the account.

0Kudos

0Kudos

Is there anything with the CRA's that I can dispute to have this removed?

Its being listed as Months Revd 5, but they stated they bought the debt on 01/23/2013

Status - Collection Account - thats correct

Type of Account - Open (is that correct, I mean it is open I guess, but it looks like a loan?)

Type of Loan - Debt Buyer Account

Creditor Classification lists it as Retail - Are collection accounts retail? I assumed retail accounts are more like store charge accounts?

Credit Limit - $0.00

High Credit - $1724.00 - but its not a credit card?

Date Opened 01/01/2013 - but again te letter states they bought the debt on 01/23/2013

Guess Im just digging here for options ?

I also noticed someone mentioned they filed a Consumer Complaint because of the way it was listed on their credit report? What is or how is a Consumer complaint filed?

0Kudos

0Kudos

I agree that their response indicates they investigated and determined the debt was valid based on info obtained from the creditor.

The DV process has no judges to evaluate evidence or determine whether a validation is "proof." That is not within the scopre of the DV process.

As for assertion of inadequacies in their reporting of their collection, if you pursue that path, you should first file a formal dispute under the FCRA, identifiying each inaccuracy and getting their investigation and determination, before filing a complaint with the CFPB. However, just as with the DV rocess, verifixation of accuracy in response to disptue does not compel them to document or prove the accuracy.

Any CFPB complaint would be directed at an assertion that they failed to conduct a reasonable investigation of your dispute, and not as a first dispute that bypasses the FCRA process.

You always have the option to simply bring civil litigation against them, thus bringing evaluation of evidence into the mix, if you wish to obtain review of the facts.

You can, for example, use pre=trial discovery to obtain the documentation that you apparently feel is lacking.

0Kudos