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rabnpmb

PRA-is this validation??

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It has been a bit since I last posted.  Slowly, but steadily, I have been conquering my 'past demons' and my CS shows.  Anyway, PRA has a collection on all 3 of my reports for a HSBC/Capital One card for $708.  Honestly, I don't remember it at all, and it doesn't show in my 'delinquent' past credit card accounts at all.  I ask them for a validation, including last statement, last payment, etc.  Today, I get a one page generic letter that says that it was transferred to PRA on 6/21/2017.  Here is what it says:

'At the time of the sale, the Seller provided an electronic file of its business reconds containing information concerning the account; a summary of which can be found below.......'

 

Here is the summary:

Account holders name: my last name

Last 4 SSN: correct

Date opened: 7/7/2010

 

That is it.  No statement.  No last payment.  Nothing.  In all honesty, hackers could get that info.  Do they have to provide last statement?  If they sue, and that is all they have noted above, that would prove nothing, correct (I'm not worried about them suing, BTW)?

 

I want to send another letter DEMANDING (which I did to begin with) statement, last payment, etc or else remove it completely from my credit reports.

 

I bow to the wisdom of this forum for advice.  

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They don't have to provide all of that no matter how much you want to demand it. The requirements for validation are extremely low. Focus your attention on a different method. 

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8 hours ago, shifter said:

They don't have to provide all of that no matter how much you want to demand it. The requirements for validation are extremely low. Focus your attention on a different method. 

What would you suggest?  SOL is coming up very soon (within the next month or so, according to my TransUnion report).  I don't mind paying it just to get it removed from my CR, but was hoping to do it for free, or at a reduced cost.  I guess I could just wait out the 2 years to drop, too.  

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I did all kinds of validations disputes methods many times with PRA they won’t sue but they will settle for a delete. Especially if past SOL it can still stay on your credit up to 7 years. They will not budge.


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Their web site says they will delete for payment. Get it in writing if you go that way. Personally, I would wait until the SOL expires, then make your deal. If they do sue, you can still make one.  Normally I would recommend arbitration for a JDB, but Cap One removed it in 2010.

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Thanks.  I may wait until it hits the SOL clock, then email settle for less/delete, otherwise, they won't get a dime.  This is the last collection I have (whew!).  It will be nice to have that section of my reports completely blank!  Been a LONG road for me.  

 

I did buy a new 2019 Toyota Tacoma TRD 4x4 in March!  I got exactly what I wanted (dealer had to go find it at another dealership 200 miles away), and got 'fair' financing....in a few months, I may look at refinancing at a better rate but at least it isn't double-digits right now.

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11 hours ago, rabnpmb said:

It has been a bit since I last posted.  Slowly, but steadily, I have been conquering my 'past demons' and my CS shows.  Anyway, PRA has a collection on all 3 of my reports for a HSBC/Capital One card for $708.  Honestly, I don't remember it at all, and it doesn't show in my 'delinquent' past credit card accounts at all.  I ask them for a validation, including last statement, last payment, etc.  Today, I get a one page generic letter that says that it was transferred to PRA on 6/21/2017.  Here is what it says:

'At the time of the sale, the Seller provided an electronic file of its business reconds containing information concerning the account; a summary of which can be found below.......'

 

Here is the summary:

Account holders name: my last name

Last 4 SSN: correct

Date opened: 7/7/2010

 

That is it.  No statement.  No last payment.  Nothing.  In all honesty, hackers could get that info.  Do they have to provide last statement?  If they sue, and that is all they have noted above, that would prove nothing, correct (I'm not worried about them suing, BTW)?

 

I want to send another letter DEMANDING (which I did to begin with) statement, last payment, etc or else remove it completely from my credit reports.

 

I bow to the wisdom of this forum for advice.  

Your right to validation is triggered only after receiving an “Initial communication” from a debt collector.  Finding a collection account on your credit report is not an initial communication.  As a result, your validation rights were not triggered.  PRA did not have to respond to you at all.  

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The exception not mentioned above is that SOME jurisdictions actually have statutes which DO provide for a specificity element AND require a change to reporting in the manner requested by the consumer. 

 

But what is ALSO not mentioned is how the letter was worded.  We can only HOPE it was not the cut-and-paste tripe that populates too many forums and demands a list of crap that is not required outside of litigation.

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10 minutes ago, centex said:

The exception not mentioned above is that SOME jurisdictions actually have statutes which DO provide for a specificity element AND require a change to reporting in the manner requested by the consumer. 

 

But what is ALSO not mentioned is how the letter was worded.  We can only HOPE it was not the cut-and-paste tripe that populates too many forums and demands a list of crap that is not required outside of litigation.

I didn't do cut/paste on my letter.  I just asked for last statement, last payment, and when it was 'sold'.  They just told me when it was 'sold' to them.  Honestly, I don't even remember this 'card' at all, so that is why I asked them for a statement so I could go 'yeah, now I remember'.  I'll just wait til the SOL clock ticks over in a month or so then ask for settlement/deletion.  Otherwise, I'll just wait out the 2 years.  It's my last one so it's not much of a big deal if it remains.  I got most of the big ones removed/dropped due to age.  I have had zero missed payments on any accounts for over 2.5 years, and so far things are looking alot better at this point.

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Asking for a statement and payment accomplishes little in the way of a request as it really doesn't trigger any procedural requirements.  It would have been slightly different if you had actually placed anything into dispute.  Similarly, the sale date has absolutely ZERO bearing on anything related to disputes or settlement...

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7 hours ago, rabnpmb said:

What would you suggest?  SOL is coming up very soon (within the next month or so, according to my TransUnion report).  I don't mind paying it just to get it removed from my CR, but was hoping to do it for free, or at a reduced cost.  I guess I could just wait out the 2 years to drop, too.  

You said the SOL is coming up soon with your TU report.  Are you sure you are not looking at the date TU is saying it will be deleted from your reports?  SOL and date of deletion would be two different things.

 

are you getting dates from a mailed trans union report?

 

HSBC folded up shop almost nine years ago before they sold to capital one.

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1 hour ago, mdcrabber said:

You said the SOL is coming up soon with your TU report.  Are you sure you are not looking at the date TU is saying it will be deleted from your reports?  SOL and date of deletion would be two different things.

 

are you getting dates from a mailed trans union report?

 

HSBC folded up shop almost nine years ago before they sold to capital one.

I just subtracted 2 years from my TU remove date.  SOL in MO is 5 years.  That is one reason why I asked PRA for last payment date and/or statement.  That is one thing that is confusing me is the HSBC/Cap One....I had several regular Cap One cards, never one converted from HSBC though.  Those older Cap One cards are still listed, although closed, on my reports...none referenced HSBC/Cap One and none had a $7XX listed...they both list $0/paid, not sold.

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1 hour ago, mdcrabber said:

HSBC folded up shop almost nine years ago before they sold to capital one.

HSBC very much still exists...they just don't cater to the subprime population the way they did when the Household unit was still active. 

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If you can be certain that the SOL is up in one month, then I would just leave it alone until the SOL has passed. They have much less leverage in the settlement negotiations if they can no longer sue you. A good strategy for settling this would be to call them and say, "I'm not even sure if this is my debt. I sent a validation request and it did not contain the information I requested. Could you provide me with more information about this account? I am interested in settling the debt in order to resolve this conflict and get it removed from my credit reports, but the debt is past the statute of limitations and I can no longer be sued. My offer is $XXXX." Do not admit you owe it or agree to any payment that is not a settlement. You need them to be convinced they will not get much money from you or that the debt is worthless. I would offer maybe 20% to start and see how it goes.

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