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HelpmyCredit90

My Master Repair Thread

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Congrats!!

 

Thanks for sharing! :wave:

 

 

 

 

This is a prime example of how the "Nutcase" approach works, even when not intentionally used.....

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I send PRA an ITS letter as I have DV'ed PRA multiple times via mail, fax and with the BBB.

 

All they have done every single damn time is send me a copy of the credit card bill.

 

They never sent me any kind of receipt, bill of sale, or anything that shows they actually bought the debt.

 

Here is what I sent them:

_____________________________________________________________________

I have been more than patient working with Portfolio Recovery Associates, which will be known in this letter from this point on, as "PRA".
PRA seems ignorant or blissfully unaware of the laws governing debt collectors.
However PRA has made the mistake of dealing with someone who knows these laws well. I've sent PRA, both via fax, mail, and through the Better Business Bureau, letters requesting validation of the debts they claim I owe them.
PRA has simply sent me copies of credit card statements, which do not satisfy the laws.
The only "proof" PRA has sent me stating they own these debts is the following sent on several letters:
"Our records indicate that we purchased..".
As a result, I have found PRA in direct violation of the following:
15 U.S. Code § 1692e - False or misleading representations
-(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
-(2) The false representation of
(A) the character, amount, or legal status of any debt
15 U.S. Code § 1692j - Furnishing certain deceptive forms
(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
Each Violation of the Fair Debt Collection Practices Act (FDCPA) carries a fine of $1,000 PER VIOLATION
If PRA cannot furnish a bill of sale or other receipt showing the sale of the the debt from Synchrony Bank to PRA in 14 days or less, I will be in touch with my attorney to sue PRA for the following:
-The Violations of the FDCPA mentioned above
-Damages to my Credit Report and Good Name
-All applicable Attorney Fees
Edited by HelpmyCredit90

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I send PRA an ITS letter as I have DV'ed PRA multiple times via mail, fax and with the BBB.

 

All they have done every single damn time is send me a copy of the credit card bill.

 

They never sent me any kind of receipt, bill of sale, anything that shows they actually bought the debt.

 

Here is what I sent them:

_____________________________________________________________________

I have been more than patient working with Portfolio Recovery Associates, which will be known in this letter from this point on, as "PRA".

PRA seems ignorant or blissfully unaware of the laws governing debt collectors.

However PRA has made the mistake of dealing with someone who knows these laws well. I've sent PRA, both via fax, mail, and through the Better Business Bureau, letters requesting validation of the debts they claim I owe them.

PRA has simply sent me copies of credit card statements, which do not satisfy the laws.

The only "proof" PRA has sent me stating they own these debts is the following sent on several letters:

"Our records indicate that we purchased..".

As a result, I have found PRA in direct violation of the following:

15 U.S. Code § 1692e - False or misleading representations

-(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

-(2) The false representation of

(A) the character, amount, or legal status of any debt

15 U.S. Code § 1692j - Furnishing certain deceptive forms

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

 

Each Violation of the Fair Debt Collection Practices Act (FDCPA) carries a fine of $1,000 PER VIOLATION

 

If PRA cannot furnish a bill of sale or other receipt showing the sale of the the debt from Synchrony Bank to PRA in 14 days or less, I will be in touch with my attorney to sue PRA for the following:

-The Violations of the FDCPA mentioned above

-Damages to my Credit Report and Good Name

-All applicable Attorney Fees

"... made the mistake of dealing with someone who knows these laws well."

 

:lol:

 

Obviously you know nothing of the law. Courts have continually upheld DV as being far, far less than what you imagine.

Edited by PotO

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Isn't it true that they'll need a bill of sale to prove their case in court, but they don't have to provide that for DV purposes?

 

^^ What he said.

Edited by jc481

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Isn't it true that they'll need a bill of sale to prove their case in court, but they don't have to provide that for DV purposes?

 

^^ What he said.

True, to an extent. In court they need whatever they can get away with.

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So if somehow a tornado rips through my town and a file cabinet lands in my yard and it has someone's credit card bills in it, I could fake being a collection agency?

 

I'm not going to pay someone until they prove they own said debt. Hell anyone could claim I owe them money if that was legally true.

Edited by HelpmyCredit90

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I understand they haven't proven ownership of the debt to your satisfaction. Where have they misrepresented the nature? How would you prove that?

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So if somehow a tornado rips through my town and a file cabinet lands in my yard and it has someone's credit card bills in it, I could fake being a collection agency?

 

I'm not going to pay someone until they prove they own said debt. Hell anyone could claim I owe them money if that was legally true.

You really are stupid. Is it a struggle for you to tie your shoes?

 

Yes, anybody can become a collection agency and anybody can claim you owe them money. And if you don't like it, don't pay them. Just as anybody can claim you owe them money, any supposed debtor can just refuse to pay. I know your two brain cells can't grasp that, but it really is that simple. Federal courts have consistently ruled that proper DV never -- yes, never -- requires contracts, statements, receipts, bill of sale or the chain of custody on a debt. The fact that they sent you a statement is far more than proper DV.

 

Again, drilling this down into your pointy little head, federal courts have ruled that a CA is only required to contact the OC and verify your name and minimal account characteristics and then, in writing, in form you that they did this. That's assuming, of course, that your DV is timely entered, which yours probably was not. They are not required to send even statements or other documentation.

 

Your only choice is to either pay them or not pay them.

 

If you don't pay and they decide to sue, then -- and only then -- can you demand everything but the kitchen sink. Then the trial judge will decide what's adequate and rule. Maybe you will prevail. Maybe you won't. If you don't, then your $200 debt mushrooms to well over $1,000 and you'll have to ask mommy and daddy for a loan. The judgment will stick to your credit reports for a long, long time and even secured card issuers won't touch you with the sh!tty end of a stick.

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Did you ever consider becoming a drill sergeant PotO?

Yeah, but then I realized I'd need to first get demoted 9 pay grades and lose about $150k a year. So I decided regimental commander was better, though not near as fun. :lol:

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Federal courts have consistently ruled that proper DV never -- yes, never -- requires contracts, statements, receipts, bill of sale or the chain of custody on a debt.

 

 

Why? That's really dumb.

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Federal courts have consistently ruled that proper DV never -- yes, never -- requires contracts, statements, receipts, bill of sale or the chain of custody on a debt.

 

Why? That's really dumb.

What's dumb is that you think it's dumb.

 

First of all, your DV is not timely. They can rightly tell you to FOAD and you can't do anything about it.

 

Second, the purpose of a DV is not to prove anything. According to at least two Federal Circuit Courts of Appeals, "a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid" and not to legally prove ownership of a debt. You can read as much in the FDCPA yourself.

 

"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; the debt collector is not required to keep detailed files of the alleged debt," according the both the 4th and 9th Circuit Court of Appeals. Your request for contracts, bills of sale, receipts and the like is laughable.

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Did you ever consider becoming a drill sergeant PotO?

Yeah, but then I realized I'd need to first get demoted 9 pay grades and lose about $150k a year. So I decided regimental commander was better, though not near as fun. :lol:

 

Well if they ever bust you down the ranks you'll be a natural,

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Synchrony Bank is going to be a nightmare.

 

I got one collection agency to stop collecting the debt on an Amazon account, well since they did not buy it, Amazon recalled the debt and will hire another C/A

Edited by HelpmyCredit90

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Then we seriously need to get new judges...what's next sending people to prison for murders without any evidence?

 

 

HMC90, rest assured that although your logic is rere, at least Darwin is proud of you.

 

Your whole idea of "proof" or "evidence" is moronic. When it gets to a court for judgment, then you will see proof and evidence. Meanwhile, in the debt collection phase it's just a he said / she said. Your only choices are to pay or not and / or add a consumer statement to your credit reports. Like it or, as you are currently doing, lump it.

 

I am really flabbergasted that with with all the other rules set in the FDCPA, that a CA proving they own the debt is not one of them.

If OCs, CAs and JDCs all had to jump through hoops and prove to the satisfaction of every two-bit, trigger-pumping moron that they legally owed a debt, then we should just eliminate judges and let the collections people get immediate judgements after DV.

 

Besides, you already know you owe this debt. You are just being a whiny little b!tch.

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Did you ever consider becoming a drill sergeant PotO?

 

Yeah, but then I realized I'd need to first get demoted 9 pay grades and lose about $150k a year. So I decided regimental commander was better, though not near as fun. :lol:

Well if they ever bust you down the ranks you'll be a natural,

Seems things are going in the opposite direction for now.

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Well that's good.

 

Yet every time I read your dressing down of a credit repairee, I can't help but picture you jawing up to them in line and making a man out of them by exposing them to a barrage of spirit shattering abuse.

 

Carry on Sir.

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Well that's good.

Yet every time I read your dressing down of a credit repairee, I can't help but picture you jawing up to them in line and making a man out of them by exposing them to a barrage of spirit shattering abuse.

Carry on Sir.

I'm thinking Darwin is fond of you, too. ;)

 

HMC90 isn't your average tool. Everybody has advised him on what needs to be done and it's not like the threads that abound on CB concerning DV and other CA tactics are difficult to find much less understand. His letter in response to the DV, untimely as it was, is precisely the same drivel that infests MFers. And coming from the guy whose early claim to fame is having his reports polluted by a credit union that he refused to pay a legitimate $100 debt to because he didn't like how they closed his account.

 

HMC90 is basically Joseph C. without the cats.

 

But you can hold his hand and help him aim straight when he pees. You're good at that.

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Well that's good.

Yet every time I read your dressing down of a credit repairee, I can't help but picture you jawing up to them in line and making a man out of them by exposing them to a barrage of spirit shattering abuse.

Carry on Sir.

I'm thinking Darwin is fond of you, too. ;)

 

HMC90 isn't your average tool. Everybody has advised him on what needs to be done and it's not like the threads that abound on CB concerning DV and other CA tactics are difficult to find much less understand. His letter in response to the DV, untimely as it was, is precisely the same drivel that infests MFers. And coming from the guy whose early claim to fame is having his reports polluted by a credit union that he refused to pay a legitimate $100 debt to because he didn't like how they closed his account.

 

HMC90 is basically Joseph C. without the cats.

 

But you can hold his hand and help him aim straight when he pees. You're good at that.

 

:rofl::rofl::rofl:

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