I have a COed debt with then-MBNA the Portfolio purchased in 2007. At once point, MBNA, BOA and Portfolio were reporting this account all CRAs. I've gotten MBNA deleted from all, BOA deleted from EQ and TU and Portfolio deleted from EX and EQ. The DOFD and last activity date is March 2007.
I sent them a validation letter in March 2008 with the typical Portfolio response and have been disputing with the CRAs ever since (hence my removals as noted above). Now I receive the attached notice regarding arbitration.
*Has anyone else here received this from Portfolio*?
I am going to send them the following text as a countermeasure.
Portfolio Recovery Associates,
I am in receipt of a letter from you, dated May 18, 2009. However, you â€œPortfolioâ€ have not provided me with the appropriate debt validation. As this information is needed and you have not provided it as noted in the Texas Finance Code, as well as the Fair Debt Collection Act, I do not and will not consider this debt of my responsibility.
Also enclosed is my original request for this information, dated March 2008.
You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.
If you cannot provide competent evidence that I have some contractual obligation to pay you, the Texas Finance Code at Section 392 requires that the tradeline be modified as requested by the consumer. In this instance, that modification is a complete deletion of this tradeline from all credit reporting agencies to which you have reported. It is expected that within thirty (30) days from the date of your receipt of this letter, as evidenced by the delivery date on the Return Receipt card, your offices will have either provided the documents required for validation of your claim or this matter will have been closed and the tradeline deleted. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act within thirty (30) days will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.
Please note, this is my second request for validation of the debt which you are illegally reporting. Please be advised that your failure to respond with proper validation and failure to provide notice of my dispute to the credit bureaus is in violation of the FDCPA.
As per the FDCPA:
ï¿½ 809. Validation of debts [15 USC 1692g]
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
ï¿½ 813. Civil liability [15 U.S.C. 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) in the case of any action by an individual, such additional damages as the court may allow
As per the FCRA:
ï¿½ 616. Civil liability for willful noncompliance [15 U.S.C. ï¿½ 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000
ï¿½ 617. Civil liability for negligent noncompliance [15 U.S.C. ï¿½ 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
As requested before. Please provide me with full validation as required or cease all collection activities, including the misleading information that you are posting on my credit reports.