can someone help me figure out if Portfolio Recovery is reporting wrong?

[newearth]

This will be the last collection on my report, the only other negative will be the HSBC CO that is is being collected for.

 

I noticed that on all 3 reports something is odd. I have seen a few other people have similar things happen and I am trying to understand. On EQ and TU they report as open factoring accounts and seem to make it look like I have late, open accounts. Today I noticed that on Experian they kept changing the amount due, up and down with the amount, and looks like I was making $50 payments? I am confused but all in all it seems really fishy. I need to get them off my reports. I hear they are one of the worst to remove. Other than PFD'ing, or settling then GW'ing, does anyone know of, or see from this, any other way to get them off or at least change the way they are reporting?

 

Here are screenshots from each report:

 

Experian - look at the all reporting dates at the bottom and how much the amount changes, and it looks like they are saying I make payments of $50? WTH?

http://i1277.photobucket.com/albums/y489/newearth78/portfolioexperian_zpsebc1637f.png

 

Here is how it appears on Equifax when I use backdoor type/dispute page with an old file#:

http://i1277.photobucket.com/albums/y489/newearth78/portfolioequifax1_zpsbf74afa8.png

Here is Equifax again but when I bought a report from them directly, shows 120 days late (I know I've heard of it happening but I don't get it)

http://i1277.photobucket.com/albums/y489/newearth78/portfolioequifax2_zps59fc0860.png

 

And here is Transunion which doesn't seem too odd but it does report as an 'open account' instead of a collection:

http://i1277.photobucket.com/albums/y489/newearth78/portfoliotransunion_zps080c1666.png

 

 

I also get the automated phone calls from them just about every day and I thought those were illegal? I found some website of this lady saying if they do automated phone calls there is a number of a lawyer to call and you can sue them. Hmm.. Can anyone help in general? I want them GONE very soon....or at least reporting accurately. The worst thing is when I app for credit and they check equifax, I am constantly told that I have delinquent accounts when I DO NOT. It has to be the collections that keep reporting 120 days late.

Edited May 14, 2013 by newearth

[futurehomeowner?]

you could search for a local consumer lawyer and discuss the legal parts with them

[Rebuilding2010]

See # 3 http://credit.about.com/od/debtcollection/tp/fdcpa-violations.htm

 

I usually tell them, i request all communications via mail, these calls are becoming excessive and harassing and a clear violation of the fair debt collection practices act section bla bla. Please stop, or I will have to file complaints with the Attorney General, Better Business Bureau, etc. Thanks.

[newearth]

I am not so much worried about the phone calls as I am the way they are reporting, and finding the best way to get them deleted.

 

I have blocked a lot of the numbers they use to call with but they apparently have a lot of lines because every time I block one they call from a new one LOL

[newearth]

wow, from the FDCPA violations it looks like for at least a year they were reporting higher than I really owe, it shows on Experian. That is definitely misrepresenting the amount. They report the right amount now, though. It looks like they were charging interest, isn't that also against the law?

Edited May 14, 2013 by newearth

[ICANHASMUNY?]

no, charging interest is within the law.

 

it's whether they can prove the assignment and the right to report the debt under thier tradeline.

 

until you dispute the debt with the CRA's you don't have any right to private action under the FCRA.

 

you may under the FDCPA if they are reporting inaccurate and false information.

 

But First - ask yourself this;

 

"Is the debt PRA reporing still within my states SOL?"

 

a FDCPA violation willl not make a legal judgment go away - they can still sue, if they want.

[newearth]

yes I already know it's still within SOL, have one more year on that. How in the world is a CA able to charge interest? Fortunately for some reason they stopped and went back to the original amount as you can see on Experian. I have not made them any payments so that part is completely false.

[ICANHASMUNY?]

this was a HSBC that first defaulted in 2008 that PRA has?

 

you may be past the SOL , depending on your state borrowing statute. if your state has one that borrows the lenders home state,

 

NV SOL is 4 years.

 

interest rate for collection accounts may be regulated in your state ( AZ is 10%, for examplet )

 

what state are you in?

[newearth]

New Jersey.

[ICANHASMUNY?]

New Jersey

does not have a borrowing statute - choice of law provisions apply

The New Jersey Supreme Court judicially created the equivalent of a borrowing statute in Heavner v. Uniroyal, Inc., 63 N.J. 130, 305 A.2d 412 (1973), where it held that a suit is barred in a New Jersey (1) court when the cause of action arises in another state; (2) the forum has no substantial interest in the matter; (3) the substantive law of the sister state is to be applied; and (4) that state's limitations period has expired at the time suit is commenced

 

 

however, the state courts have recently raised several hurdles for JDB's to jump over for evidence and filings.

[newearth]

I honestly don't understand any of that....legal language goes in one ear and out the other for me LOL. I am still not exactly sure what to do about it.

[ICANHASMUNY?]

did the Original HSBC account have a choice of state law in the agreement?

 

then the state chosen by HSBC controls the governing SOL

 

NJ SOL is 6 years. other states may be shorter.

[newearth]

so....does anyone have any ideas what to do with this account in attempt to get it removed before attempting PFD or settle/GW?

I have read about the jack attack, but having a hard time understanding what it is.

And I hear this CA is a pain to deal with.

They do seem to be reporting inaccurately but I am still confused on how to approach a letter, and if/how I should dispute with the CRA's as well.

[ICANHASMUNY?]

you can use the fact that the SOL has passed for leverage in any negotiations - that's why you need to determine it before going for a PFD or dispute.

[newearth]

it hasn't passed :/ DOFD was 3/2008. SOL is 6 years here.

[ICANHASMUNY?]

it hasn't passed :/ DOFD was 3/2008. SOL is 6 years here.

you really didn't understand or take the time to research my previous post on the Choice of law provision ruling by the NJ state appeals court, did you?

[newearth]

I did read your post above about the SOL for NJ. I honestly don't understand it. I am not that great at understanding legal terms and the way things are worded

[ICANHASMUNY?]

if the HSBC account had a choice of law provision for a state " this account is governed by the laws of delaware"

 

then Delawares 3 year SOL applies. , not NJ's 6 year SOL.

 

if that is the case, then you can use that Fact ( that they can no longer sue ) as leverage in an PRA negotiations;

 

they can't sue, you don't have to pay - if they want to get anything out of you, they have to delete it from your reports.

 

add that fact that they are making false statement to a CRA regarding payments - FDCPA violation for providing false information.

 

TCPA violations for making phone calls, etc.

[newearth]

I get it now! Thanks! but I have no clue how to find out what was in the HSBC contract since it was so long ago and now they were bought by Capital One. I have no paperwork whatsoever from that old account.

[ICANHASMUNY?]

search the web.

[newearth]

yup I will be doing that and post back if I find something. thanks

[newearth]

I found this: https://www.orchardbank.com/ecare/images/288451024_AgreementNPI2701A.pdf

It is dated from 2008 which is around when I had my card, maybe a year off but I would think their card agreements would have this same section. It looks like it IS out of SOL!!!

 

"

Applicable Law

This Agreement and your Account will be governed by federal law and, to the

extent state law is applicable, the laws of the state of Nevada, whether or not

you live in Nevada and whether or not your Account is used outside Nevada. This

Agreement is entered into in Nevada, your Account is maintained in Nevada, and

all credit under this Agreement will be extended from Nevada."

So it looks like the SOL has passed then since this agreement declares applicable law in Nevada, Right? I looked up SOL for CC's in Nevada and it looks like 4 years so that is way past at this point. Should I include any mention of that to remind the CA that I know this? Or should I just assume that they know and leave it out so I am not completely admitting to owning the debt?

Edited May 18, 2013 by newearth

[ICANHASMUNY?]

tell PRA to FOAD. and cease all communications

 

that will stop the phone calls.

 

insert this in the FOAD letter. ( the FOAD letter is generic and a form letter - you need to be specific, and make it appear that you are an experiance pro se , or that a lawyer advised you.

 

( I am not a lawyer )

 

Nevada law governs any breach of contract claim since the relevant credit card agreement contains a choice of law provision to that effect. See Homa v. Am. Express Co., 558 F.3d 225, 227-28 (3d Cir. 2009) (New Jersey courts uphold contractual choice of law provisions unless doing so would violate New Jersey public policy).

Nevada Statute of limitations on Credit cards is 4 years, and your claim, if a valid assignment exists, is TIME BARRED, as New Jersey `borrows' the statute of limitations of the state whose substantive law applies to the case; See; Heavner v. Uniroyal, Inc., 63 N.J. 130, 305 A.2d 412 (1973) Washington v. Sys. Maint. Corp., 260 N.J.Super. 505, 509, 616 A.2d 1352 (Law Div.1992); Pine v. Eli Lilly & Co., 201 N.J.Super. 186, 191-92, 492 A.2d 1079 (App.Div.1985)

[newearth]

LOL thank you. Do you think I should include a copy of that section of the card agreement with the letter?

 

I also plan to mention they have been reporting false information to CRA's....I have made ZERO payments to them whatsoever and they keep reporting that I do....I have just found a few other people who are having the same issues with them and it seems a complaint to the BBB has helped get them completely deleted.

[ICANHASMUNY?]

No, don't include the card agreement, keep your aces in reserve.

 

do include the FDCPA and FCRA violations and the fact that you disputed thru the CRA's and that they verfied in the inaccurate data.

 

FDCPA violations;

15 USC 1692e(8) providing false information to credit reporting agencies

FCRA violations;

15 U.S.C. § 1681i duties of furnishers to provide accurate information.

15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.