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Name Change

Community Self Defense Q&A › Category: General Comments › Name Change

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Chelsey Medina asked 11 hours ago

I recently got letters from various lawyers about a lawsuit filed against me by Portfolio Recovery Associates regarding Credit One Bank, when I applied for this account I had a different last name, my question is when I send out the letters of validation and securitization do I use the my old last name or the new one? It's probably a silly question but I've heard other "credit repair gurus" suggest using only the new last name, I rather have your opinion

2 Answers

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Brian Parker Staff answered 10 hours ago

You are not under any duty to help a person sue you. My brain says, write, "Name Portfolio Recovery has: Sally Jones." Why help them? If they continue with their false info, helps your case. You are seeking validation from them to prove their case, the duty is on them to validate the proof of the truth. They send the wrong stuff back, then they a. did not validate, and b. they clearly don't own the debt or they would know your name. You do you. Not telling you what to do.

Chelsey Medina replied 10 hours ago

Definitely not going helping them, thank you!

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Brian Parker Staff answered 10 hours ago

In addition to the requests in your validation letter, you might want to add to your Validation Letter: "On March 23, 2023, the CFPB filed a complaint and proposed judgment against Portfolio Recovery Associates, LLC (“PRA”) in which the CFPB found that PRA violated the Consumer Financial Protection Act (“CFPA”) and the Fair Debt Collection Practices Act (“FDCPA”) in collecting debts without a reasonable basis and suing consumers without proof of ownership of the debt being sued upon. The Consent Order PRA signed requires PRA to provide "creditor level documents" to any lawsuit or validation response. Please provide all "creditor level documentation" from the original creditor in this case." Thank you.

Chelsey Medina replied 9 hours ago

Just added it to my letter, I appreciate all your help, thank you!