Portfolio 623 -- Immediate Response

[Nouvelle]

I took a stab in the dark and sent this email to that one lady @ portfolio. I sent CMRRR the same day. Already gone from my Transunion. Hope it stays that way. Shady wenches!

 

 

Bitchy consumer you REALLY dont wanna F with

XXXX XXXX XXXx

State that you claim to do business in

 

Miss J

Portfolio you should know better dept

 

Re: Account # XXXX .

 

Dear Ms. lady

 

On or about some day in 2012, I received a phone call from your company demanding payment for an alleged account.

 

I stated to the representative that I had no knowledge of said debt and would review a dunning letter once received within 5 days of your original contact. I never received a dunning letter despite Portfolio having my correct mailing address as indicated on my experian credit report dated 2012.

 

As per my conversation with the original creditor HSBC/Capital one on this day @ that time PST they stated that they have never provided Portfolio with the telephone number that your representative called as it was never on file with the original creditor.

 

This is a clear and blatant disregard for the TCPA.

 

When I failed to receive a dunning letter I countered with a timely debt verification letter dated June 1, 2012. This letter was sent via US certified mail 0593 5466 and was signed for by J Morris. This timely dispute was sent well within the 30 day period granted by the federal Fair Debt Collection Practices Act in order to dispute an alleged debt. You have failed to respond to my letter disputing this alleged debt and asking for validation. This is in violation of the Fair Debt Collection Practices Act 1692g-b.

 

In June 2012, I received a notice that several new collection accounts had been placed onto my credit reports. The account number is listed as: # XXX .

As you know, the Fair Debt Collection Practices Act requires that all collection efforts cease until such a time that full and complete validation is sent.

 

I disputed this account with Equifax on this day and with Transunion on that day.

 

Portfolio has recently placed an entry on my experian credit report stating a recent payment of $25. As I have no knowledge of this alleged debt I could not have possibly made a recent payment.

 

As you must further know, placing a new collection trade line on a consumer credit report constitutes continued collection practices. This is in violation of the Fair Debt Collection Practices Act 1692g-b.

 

I dispute that this alleged debt belongs to me AND I am the person that owes this alleged debt; therefore, Portfolio Recovery Associates is inaccurately reporting on my credit reports. Provide proof that I am the person that owes this debt and this debt belongs to me.

 

I dispute that I owe Portfolio Recovery Associates; and there is some contractual obligation, which is binding on me to this debt pursuant to the FDCPA.

 

I dispute the reported balance $325 as reported by Portfolio Recovery Associates to Experian on that day.

I dispute the reported balance $325 as reported by Portfolio Recovery Associates to Equifax on this day.

I dispute the reported balance $325 as reported by Portfolio Recovery Associates to Transunion on another day.

 

I dispute the reported payment amount of $25 as reported by Portfolio Recovery Associates to Experian as shown on my credit reports; this is not accurate, I never made any type of payment to Portfolio Recovery Associates.

 

I dispute the type of account as reported to Transunion, Equifax and Experian in June 2012.

 

Further, I have never requested nor received any credit from Portfolio Recovery Associates therefore,

I dispute that I have an "Open Account" with Portfolio Recovery Associates as reported on my Experian, Equifax and Transunion Credit reports.

 

I dispute the reported "High Credit" amount of $000 as reported by Portfolio Recovery Associates to the credit bureaus; this is inaccurate, Portfolio Recovery Associates has never extended any credit to me.

 

I dispute that this account is an "installment" account as reported by Portfolio Recovery Associates to Experian on this day, which is inaccurate.

 

I dispute that this account has "1 Months Terms" as reported by Portfolio Recovery Associates to Experian on that day, which is inaccurate.

 

I dispute the Credit Limit Amount of $000 as reported by Portfolio Recovery Associates to Experian on a different day as shown on my credit report. I have never had credit with Portfolio.

 

I dispute that Portfolio Recovery is a "Factoring Company" as reported by Portfolio Recovery Associates to TransUnion as shown on my credit report, which is inaccurate.

Provide proof that Portfolio Recovery Associates is a Factoring Company and this is a factored debt.

 

I dispute that this account is a "Factoring Company Account" as reported by Portfolio Recovery Associates on Equifax credit reports; which is inaccurate.

Provide proof that this is a "Factoring Company Account" and complies with the Uniform Commercial Code, which govern factoring.

 

I dispute that this account is a "Factoring Company Account" as reported by Portfolio Recovery Associates on Experian credit reports; which is inaccurate. ("Debt Buyer")

Provide proof that this is a "Factoring Company Account" and complies with the Uniform Commercial Code, which govern factoring.

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and my rights as a consumer have caused harm to me by seriously affecting my credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

 

Fair Debt Collection Practices Act is a "strict liability" statute...meaning the violation is permanent and once committed cannot be "un-done" by subsequent action. The civil liability for these violations under FCRA 15 U.S.C. 1681n Sections 616 is $1000 per violation and $1000 for each FDCPA violation.

 

Should you not be able or willing to provide me with the substantiating documentation as verification and validate your claims to cure these violations within the next 30 days, please have the negative information deleted from any and all credit reporting agencies you have reported to AND provide an acknowledgement, in writing, that this alleged debt has been extinguished, and there will be no more attempts to collect upon said debt by your company, or any other.

 

I am formally requesting that your offices provide me with complete validation of this alleged debt account within 15 days. This would include a full statement of the alleged amount, or an itemized billing invoice that bears my name and listing of all charges which would satisfactorily prove this alleged debt to be mine. In addition, I require a copy of the check, last four digits of the credit card number, copy of the money order, or the full bank routing number and subsequent account number provided to process this phantom payment reported to Experian in the amount of $25.

 

If you are unable to do so I am requesting deletion of this harmful item from my credit files.

 

Please be advised that if this account is not completely validated or deleted, I will have no choice but to file suit against Portfolio in San Diego Superior court as this is clearly an attempt to re-age a debt in order to further substantiate your right to collect on this debt.

 

In addition, I will report the violations to the FTC, Attorney General for the State of CA, San Diego County District Attorney, and any other entities currently pursuing class action or legal actions against Portfolio for illegal debt collection practices,.

 

Thank you.

 

I look forward to your timely response.

 

Sincerely,

this girl

 

CC: Portfolio USPS Certified Mail

CC:Experian USPS Certified Mail

CC:Transunion USPS Certified Mail

CC Equifax USPS Certified Mail

Edited June 28, 2012 by Nouvelle

[antifeik]

Seems that you nailed them! Way to go. : )

[aeiou]

Nice! Gives me motivation to send a batch of letters tomorrow.

[DiamondDan73]

WOW! That letter was the SH*T!!!

[Steveo1]

Great letter, let us know how they respond.

[Nouvelle]

Also gone from Equifax as of today! Tht was with Eq's official we have reviewed your dispute and portfolio has been removed letter.

[Nouvelle]

OH SNAP! Just checked Experian back door and it is gone from there too!!! RAWR