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How to handle PRA after failed DV and runaround?

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On June 08, portfolio recovery associates sent me a letter threatening to sue me on a debt if I did not pay them in 10 days. So I sent them a DV letter. This debt is past the sol.

On July 08, they responded with a weak DV letter. They basically wrote on their own letterhead that "Yes, I owe" them. So I sent them a second DV letter pointing out that they needed to show me proof from the original creditor as per Filed vs Wiber. I also told them that they had to stop reporting the debt to the CRA's since I was disputing it as per the FCRA. I also threaneted to sue under the fdcpa and FCRA.

On Aug 08, they responded with a letter from their "Disputes department". They wanted me to outline my dispute to them within 20 days or they would sue me. To me, they were obviously a stalling since I had provided them with my dispute info in my 2 previous letters. So I sent their "Dispute Department" copies of my previous letters to them, proof of delivery, another letter demanding that they provide me with DV and another demand for them to stop reporting this on my credit reports.

Today I got a letter from them asking me to fill out a copy of an "Identity Theft Affidatvit" because I "have been a victim of identity theft". What the heck?!??! I never said this account was not mine. They want a copy of my drivers license, birth certificate, bank statements, etc ... there is no way I am filling this form out!

HOw should I respond to them now? They are still reporting this on my credit reports. I was thinking send them another DV letter and demand for them to stop reporting as per the FCRA. Otherwise, my next move would be to give my documents to a lawyer and sue them them for violating the FDCPA and FCRA. What do you think?




Sounds like they are idiots and are yankin' your chain. I'd just give it to an attorney who specializes in fdcpa violations. They'll usually take it on contingency so you shouldn't have to pay a dime!

Sub: #1 posted on Sun, 08/24/2008 - 02:10

desperatelyseekingsanity desperatelyseekingsanity

(Posts: 1129 | Credits: 58.41)

Definitely do not give them your info, especially bank statements like they asked for, because they would most more than likely start debiting your bank account.

Sub: #2 posted on Sun, 08/24/2008 - 08:32

m.lm1947 m.lm1947

(Posts: 153 | Credits: 14.26)

psst! It's a scam!

Remember, trhe burden of proof is on them, not you. They can't prove Jack Schitt. Give them nothing.

Sub: #3 posted on Sun, 08/24/2008 - 09:07

unclewulf unclewulf
Moderators
(Posts: 3173 | Credits: 315.03)

If they are threatening to sue on an Out of Statute debt, then they have violated. Sue them.

Sub: #4 posted on Sun, 08/24/2008 - 09:42

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

Portfolio Recovery continues to report negative information on my credit reports, yet they refuse to send me debt validation; I disputed to the CRA's, yet Portfolio Recovery verified the debt with the CRA's. How can they continue to report this debt, but refuse to provide validation to me?

Sub: #5 posted on Sun, 08/24/2008 - 15:10

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