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I sent a FOAD letter to Portfolio Recovery Services on August 21st. They're attempting to collect an alleged debt that is pasy the SOL. The credit line for the debt is off my credit report, but Portfolio continues to come up in the "account review inquiries" section of my report. The last time they pulled my report was September 9th. My question: does portfolio have a legal right to check my credit report? I have told them I won't pay and not to contact me anymore... are they violating FCRA? Does the (soft) inquiry negatively impact my credit score? Thanks for the help!
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- Credit Report
- Inquiries
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http://www.businessw...ot-y-dot-accord Quote this all Ties back to PRA v King , a state appeals court ruling citing the NY Borrowing Statute. Even though NY has a 6 year SOL, they apply the lenders home state Statute of Limitations to the account, because that is where the economic injury occured, http://www.ag.ny.gov...s-unlawful-debt Quote Sherman Financial group is AKA; LVNV Funding, PYOD, Resurgent Capital Services. $16 Million in Judgments, $475K fine.
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- New York
- Portfolio recovery
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Without thinking , I just took a call from Portfolio Recovery. Without thinking AGAIN, I gave them my current address (they had been sending stuff to a 5 year old address). I told them I didn't recall this debt, didn't believe it was mine and to send me paperwork. I truely don't remember this debt, and now I realize they're calling because the SOL is up this month. Please tell me I didn't just screw up and start the SOL over again. I feel like an salamander . I just started trying to fix my CR, just started with removing outdated addresses and stuff. Now I hafta jump in and deal with this, ug. On another note, it's amazing how CRs collect addresses. On mine, there's one address, written different ways: XXX Some St. AptE133 XXX Some St. Apt e133 XXX Some St. E133 XXX Some St. E 133 The only difference in some of them is just a space or the apt part, lol. Its led to my report having about 20 different looking addresses on it, when I've actually only lived in 5 places my entire life. Sorry, I ramble when worried, I don't want to start the SOL over again. And I'd really hate it if Portfolio called and restarted it just before the end, it would be like they won or something. Any ideas how to proceed? Jen
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I just got my credit reports and I had a $850 CO with HSBC in from 2008 (first deliq. Jan 2008). Looks like Portfolio bought the debt 12/2009. In looking at my report it shows that a $60 payment is being paid every month on the account. I have NEVER ever paid them anything at all. But on the report is shows "Recent payment $60". Doesn't the supposed payment somehow reset the debt every month? I'm also noticing that the debt rose to $922 in Jun 2012, then dropped back down to $789 in Jul 2012. This has to be a violation of some kind right?? Edit to Say: I see them doing this on a 2nd HSBC card that CO around the same time. There is a $22 payment being made every month "Recent Payment $22"
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I have a collection of $440 from Portfolio Recovery on all three CRAs. I think this is an old Orchard card. DOFD should be September 2006 (by my records). In an attempt to resolve, I recently sent Portfolio a DV on 5/1 (CMRRR received 5/6). I subsequently sent them a 'estoppel by silence/restated demand for validation' with a 15 day expectation of response and received nothing in return (mailed on 6/7). I'm not sure what's next since they seem to be ignoring me completely. Should I dispute with CRAs, then request method of validation followed by an ITS? Should I try a BBB complaint? Appreciate any advice from those who've had luck with this one. I've read a lot of posts on Portfolio and haven't found much that parallels my situation.
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I have a couple questions regarding a collection account. I filed a BBB complaint against Portfolio Recovery for how they are reporting on my CR's (namely showing monthly $50 payments and 120+ days past due which are both false). They responded with some BS that they are not 'reporting' that information and that the information came from HSBC (the OC). On my EX report as an example the comments section says 'Collection account. $512 past due as of May 2013.' Balance history shows as following: account balance / date payment received / scheduled payment amount / actual amount paid Apr 2013: $512 / no data / no data / $50 Mar 2013: $512 / no data / no data / $50 Feb 2013: $512 / no data / no data / $50 ... all the way back to July 2011. My questions are as follows: 1) I am sure that 120+ days status/comment is dinging me. I know it is on EQ where the account is listed as 120+ days past due, because that is specifically outlined as my number 1 derogatory item. On the universal data form that is sent in, would the CA would have to furnish this comment line? Or does it pull from the Account Status/Account Type fields? I have never agreed to terms, so I cannot be 120+ days late, therefore they are furnishing false information, right? 2) As I have not agreed to payment terms, and have NOT given Portfolio the 25+ $50 payments stated on my reports, they are also furnishing false payment information, correct? I have a response ready to go but I want to confirm that my basis and understanding for my claims is correct. Thanks everyone.
- 1 reply
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- Portfolio Recovery
- CR
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