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v_atara · May 1, 2012, 07:14 PM

I just looked at a credit report that I printed 2010, it does not reflect a date of last activity by the original debtor nor the collection agency. How am I to attempt to disput these?

ScottGem · May 2, 2012, 03:18 AM

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

What, exactly, are you trying to dispute?

v_atara · May 2, 2012, 08:07 AM

I had an credit card account with Capital One which went delinquent after being laid off; the last payment I made was February 2009. Looking at credit report printed 2010 there is a charged off balance of $1415, it does not reflect date of last activity. Then I look at Portfolio Recovery on the same report, they bought the charged off account. It reflects a balance of $1618, date of last activity is listed as N/A. Correct me if I am incorrect, from what I see there is an error between the two. I never spoke to anyone at portfolio recovery, nor have I made any arrangements with them. I get up to 10 to 20 calls a day, the even call my job and hang up (I called the number back to verify who called and got the recording the it was portfolio recovery). I recently found out that I am being sued by portfolio recovery for this debt though lawyer solitiations in the mail. I have not received anything from them. I currently work 30 hrs a week, which is barely enough to cover my living expenses. What do I do? What are the rule for persons residing in Houston Texas?

Fr_Chuck · May 2, 2012, 08:27 AM

A debt from 2009 will still show up on the credit report, and charge off is merely an accounting term that deals with how it is taxed or credit on taxes and not anything about you owing or not owing the debt.

If it does not show a last payment, you can dispute the amount, but by now, with late charges and interest I am sure the actual debt has almost doubled from 2009.

This would still be a valid debt and within the reporting time frame to show up on the report. I don't know what you are trying to do.

As for as them suing you, yes most likely they will, if you have gotten attorney letters, then they have filed it in court and you just have not been served yet with a notice.

ScottGem · May 2, 2012, 08:57 AM

Ok, Capital One charged off the debt. This is generally reported to the credit bureaus, but is merely an accounting move and doesn't affect your debt.

Next they sold the debt to Portfolio Recovery, who then reported that fact. I don't see any error between the two. The charged off amount may not reflect interest and fees that subsequently accrued.

You don't have to make any arrangements with Portfolio Recovery to have them make a note on your credit report, they made their arrangements with Capitol One.

This is a valid debt. You incurred the debt with Capitol One, they sold it to Portfolio Recovery, who now owns the debt and is entitled to collect on it. I believe this is within the SOL so they can sue you. Texas law does not permit them to garnish your salary, but they can seize bank account balances or other assets.