Bubbly03

Thank you :-) I will try calling first... I know that they tend not to budge about things like this, and it's frustrating b/c I spent SO much time cleaning up my credit reports - only to have this come up! UGH!

the interest fee on the NEXT statement! I totally missed this "minor" detail - believing I had paid it off in full, and that was that. So, now I have a 30-day late on my credit reports over a freaking FINANCE charge for $2.09! :-( Is there any way to get it removed? I know that CapOne is notorious for not budging on this stuff. I'm so mad!

My boyfriend has a credit score in the 700's, but only has 1 credit card - through Cabella's. (as someone who has at least 10 CC's, I can't imagine this, lol!) He would like to get a really good rewards card that also offers 0% interest for 12 months and balance transfers... any suggestions? Thank you!

Er... What is C*? *scratches head*

But my TU inquiries have gone from 23 down to 2. Is this normal?

Okay, will do :-). Thanks!

Even though I've never used it? It's just a useless account... and it's new. I'd love to have it off, b/c I just got turned down for a card I REALLY want due to "too many new accounts." Credit is such a complex game!

I applied for a Staples card last month, but now realize how silly it is. I never use it, and probably never plan to. If I close this account, will they remove it from my credit reports, or will it just show as "closed" by me? Thanks!

I sure hope not! However, they already validated (which was proper validation, acks), but I think they deleted due to the threats of a lawsuit over their violations. And the debt is out of SOL, only has until 5/2010 to report. I doubt it was worth it to fight me.

I can’t believe my good luck, but PRA is gone from my credit reports and hopefully gone for good :-D. I hope that this will benefit any of you currently doing battle with them, as they CAN be beat! (And I do want to send a thank you to Lynn37, who was so unselfish with her time and help). Here is the background: 5/18/09: Rec’d dunning letter from PRA – (for an old, unpaid CapOne account from 2003) 5/19/09: Mailed initial DV to PRA: May 19, 2009 Portfolio Recovery 120 Corporate Blvd. Suite 1 Norfolk, VA 23502 Re: Acct #12345 To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on May 12, 2009. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809b that your claim is disputed and validation is requested. This is NOT a request for “verification†or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: • Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. • Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion), this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company I reserve the right to bring legal action against you for the following: Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character. If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Best Regards, 7/6/09: Saw that PRA was reporting on all of my credit reports, even though they DID NOT validate. Grrrrr! 7/7/09: Sent this email (2nd DV) to Judith Scott @ jsscott@portfoliorecovery.com. (She is the VP of the company). July 07, 2009 Judith S. Scott, Ethics Contact 120 Corporate Blvd, Ste 100 Norfolk, VA 23502-4962 Re: Account #12345 Dear Ms . Scott: On or about May 12, 2009, I received a “dunning†letter from your company demanding payment for an alleged account. On May 19, 2009, I responded with a timely Debt Validation letter via US Certified Mail #12345. Included is a copy of the Return Receipt for that letter, which was received by your office on May 21, 2009, signed by a Silvia P. Holley. This was within the 30 day period granted by the federal Fair Debt Collection Practices Act in order to dispute an alleged debt. You did not 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. On July 7, 2009, I received a notice that a “collections account†had been placed onto my credit reports. The account number is listed as: #12345. This is the only account number I have associated with this alleged debt. 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. As you must further know, placing a new collection trade line on a consumer’s credit report constitutes continued collection practices. This is in violation of the Fair Debt Collection Practices Act §1692g-b. 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. If you are unable to do so I am requesting deletion of this harmful item from my credit files. Be aware if this account is not completely validated or deleted, I will be filing formal complaints with the Federal Trade Commission, the Virginia Better Business Bureau, ACA International, and the Virginia Attorney General. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA , FCRA , and other federal statutes. Thank you and I look forward to your resolving this most expeditiously. Sincerely, Bubbly03 P.S. I will also be sending this letter via U.S. mail to your address listed above. 7/8/09: Received this email back from Judith Scott: Dear Bubbly03: Thank you for your July 7, 2009 communication regarding Account #12345. This account was purchased by Portfolio Recovery Associates on April 22, 2009. According to the records of the seller of the account, this account is a Capital One Master Card account which was opened on February 14, 2002. The last payment on the account was made on October 4, 2003. The account was opened in the name of Bubbly03, whose address as of the open date of the account, was listed as 123 Street, Nowhere, KS 12345. The account balance as of the purchase date was $3,888.21, consisting of $1,703.82 of principal and $2,184.39 in interest. The balance as of today’s date is $3,916.68, which includes accrued interest from the date of purchase, in the amount of $28.47. You have requested a “complete†verification. Many Web sites have provided incorrect information to consumers regarding their verification rights, which have led consumers to believe that they are entitled to more information about the account than is required by law. The FTC states that this section of the law is intended to assist the consumer when a debt collector inadvertently contacts the wrong consumer at the beginning of collection efforts. The courts have adopted a similar interpretation, stating that “verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed.†See Azar v . Hayter, 874 F. Supp. 1314, 1317, affirmed 66 F.3d 342 (11th Cir. 1995). Senate Report No. 95-382, at page 4, states that “There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt.†Please let me know if you are alleging fraud or identity theft concerning this account. Collection activity on this account will be suspended until I hear from you concerning the specific nature of your dispute. Sincerely yours, Judith Scott (P.S. SHE ALSO SENT COPIES OF MY ACTUAL CapOne STATEMENTS. IT DISHEARTENED ME BECAUSE I THOUGHT THAT SHE HAD ME, BUT I DECIDED TO TAKE A CHANCE AND WRITE HER BACK). 7/14/09: Responded to the above letter from Judith Scott: Dear Miss Scott, I am in receipt of your recent communications, dated 7/8 and 7/9/09. I am not alleging fraud or identity theft regarding this account. The specific nature of my dispute concerns the violations that Portfolio Recovery has committed, and the questionable dollar amounts in which Portfolio is reporting on all three of my credit reports concerning the Capital One account. The violations I have against Portfolio are as follows: 1) PRA did not validate before reporting to the credit bureaus, even though I have proof of receipt of a timely dispute, which I mailed within the 30-days as allowed by the FDCPA . Per federal law, a collection agency is not allowed to continue collection activity if a consumer disputes the account within 30 days. Collection activity includes reporting to the credit bureaus, as per the FTC opinion letter Cass from LeFevre. This violation falls under [15 USC 1692g] § 809b. 2) PRA has failed to mark my Equifax credit report as disputed. This violation falls under [15 USC 1692e] § 807 (8). 3) PRA is misrepresenting the amount owed, and/or adding fees/interest outside the original contract. The debt validation that you have provided to carries an amount that is substantially higher than the amount that PRA is reporting. This violation falls under [15 USC 1692f] § 808(1). Each of these violations carry a $1000 fine, as allowed per the FDCPA . I am requesting that this account be deleted from all 3 of my credit reports within 15 days, or I will be filing formal complaints with the Federal Trade Commission, the Virginia Better Business Bureau, ACA International, and the Virginia Attorney General. If I do not see a deletion within 15 days, I will also be consulting with legal counsel for suit regarding these violations. I also want to inform you that the Chaudry case you cited is not applicable towards ordinary debt collection, nor does not have a place in the determination of proper validation of my account. The case was an appeal over a billing dispute heard in the 4th US district court of Appeals. The amount of the debt itself was never in question in the Chaudry case, the dispute was over additional charges for Attorney fees. This case does not apply here. A more recent and applicable case law might be Spears V . Brennan: “specifically, Brennan claims that a copy of the consumer credit contract between Spears and American General attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. § 1692g-b. We cannot agree. The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of Spears’ loan, including a 17.99% annual interest rate and the original loan amount of $2,561.59. The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments.†As well, the Federal Trade Commission has issued numerous opinion letters further clarifying the subject of debt validation. It appears that simply taking the “word†of a collection agent would not hold up in court. Thank you and I look forward to your resolving this most expeditiously. Sincerely, Bubbly03 7/15/09: No word back from Judith Scott, but I saw that the account was gone from Experian. 7/16/09: Still no word from Judith. But the account is gone from Transunion. 7/22/09: Still no word from anyone at PRA, but the account is now gone from Equifax. Gone from all 3 - - Yaaaaay I truly think that strongly worded DV’s made all the differences. You can’t back down! Do your research and throw their words back at them. I could tell how smug Judith was in her first response to me, she really thought she was nailing me with the Chaudry case. Hehehe! Hope this helps someone else

Definitely keep it up. I'm still pulling daily and 3 more have been bumped off TU since 7-22-09. A total of 7 bumped off in 3 days! I am down to 15 on TU today (started with 23).

Are you still in your 7-day trial period? If so, call their number, tell them you want to cancel. They will then lower the cost of the service to $9.95/mo. When your actual paying membership begins, you will be able to order your daily reports for free!

Yes. EX sucks. They think they're god and hang on to every account w/ the tenacity of flies on sh!t. But for medical accounts, you might be better off posting on the Medical boards - they can give great help more specific to your problem :-)

Thanks. I'm going to take a break from this one and dispute it w/ the CRA later, as you've suggested. But I want to be very clear - in NO way did I suggest that any of this is BonBon's fault. I didn't even mention her name anywhere in my original post. I would never point the finger of blame. Nor should she feel "caught up." This is my account and no one's fault but my own. I'm just thankful for all the helpful people and terrific advice here at CB, even if I do screw it up now and again.

I do consider my lesson learned Yes, that Insert B may have been pointless, but I don't think I have much recourse anyhow, so it didn't really hurt anything either. As Whychat suggested, I think I'm just going to leave this one alone for a while.