Date Received: 2023-04-24
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Portfolio set collection company keeps calling and sending me letters. The XXXX XXXX debt is over XXXX XXXX XXXX. This has been a discharge, but they keep attempting to collect. They have called me non stop, at least 6 calls a day. I feel harassed. I have asked them to stop calling me, they send letters, they continue to call. I have blocked them and they call on other numbers.
Company Response:
State: CA
Zip: 90650
Submitted Via: Web
Date Sent: 2023-04-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-24
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: XX/XX/XXXX - Portfolio Recovery Associates , LLC ( PRA ) brought an action against me seeking to recover an unpaid balance on a credit account. A process server was hired by PRA. On XX/XX/XXXX, he conducted an improper service of process by leaving the summons on my porch while I was out of town. My neighbor picked up an XXXX delivery from my porch and found the summons underneath the package. ( Photo attached ) XX/XX/XXXX - A Default Judgement was entered in favor of PRA. XX/XX/XXXX - I motioned the court to set aside the default judgment and filed an appeal at the same time. The trial court didn't rule upon the motion because it wasn't placed on the docket to be heard. Inadvertently, the clerk filed the appeal with the appellate court on XX/XX/XXXX. XX/XX/XXXX - The appellate court acknowledged the Notice of Appeal was filed. XX/XX/XXXX - Request for transcript. XX/XX/XXXX - PRA entry of appearance filed by XXXX XXXX XXXX XX/XX/XXXX - Certified copies of the legal file prepared PRA filed a motion to dismiss and a motion for damages for a frivolous appeal asserting that my appeal should be dismissed because it was directly from the default judgment and not from the denial of a motion to set aside the default judgment. XX/XX/XXXX - PRA 's motion to dismiss was granted. The appeal was dismissed without prejudice. PRA 's motion for damages for a frivolous appeal was denied. XX/XX/XXXX - Testimony Motion Hearing Scheduled for XX/XX/XXXX XX/XX/XXXX - I refiled an amended motion to set aside the default judgment in the trial court. XX/XX/XXXX - Evidentiary Hearing, the default judgment was set aside, and PRAs attorney, XXXX XXXX, agreed that Service of Process was improper. We are currently going through the discovery process. I have requested authenticated documents from all of PRA 's attorneys involved with my case. As of the date of this complaint, I have not received any authenticated documents and neither were there any attached to the complaint filed against me. XX/XX/XXXX - PRA attorney, XXXX XXXX, refused to show me documents ( i.e.contract, assignment, terms of the contract, etc. ) stating that he didn't have to bring those documents to the hearing, he only has to bring them to Trial, then he proceeded to convince me to set a date for trial in 90 days. My friend who was helping me to understand the court procedure told me to only allow PRA 30 more days and I did. XX/XX/XXXX - I served PRA Attorney XXXX XXXX, and filed with the court a motion to strike business records and affidavit filed by PRA in this case. I also filed requests for Admissions and Production. XX/XX/XXXX - PRA attorneys filed a motion for leave to respond to discovery requests based on my non-compliance with Mo. R. Civ Proc 59.01 ( C ) ( 3 ). I gave PRA attorneys copies in open court. This is yet another stall tactic perpetrated by PRA because of the information I have requested from them. XX/XX/XXXX - I will refile with the trial court and serve PRA Attorneys a motion to strike business records and affidavit filed by PRA, and requests for Admissions, Interrogatories, and Production with expected compliance on or before XX/XX/XXXX. If I haven't received anything from them by XX/XX/XXXX, I will file with the trial court a motion to dismiss for failure to respond. PRA is violating Consent Order File No. 2015-CFPB-0023. Specifically, Section VI, Collecting Debts without a reasonable basis ; Section VIII, Threatening or Filing Collection Lawsuits without an intent to prove the debt, if contested ; and Section IX, Filing False or Misleading Affidavits. I lost my job in XX/XX/XXXX. I discovered this lawsuit was filed against me in XX/XX/XXXX. I have been under a great deal of pressure and am suffering from XXXX and XXXX. Trying to find a job to meet my basic needs for food and shelter has stressed me out and then having this lawsuit against me has taken a toll on me mentally and physically. Some days I can't clear my head to think clearly enough to seek out jobs and go on interviews. If I get a job, I'm afraid that I'll have to miss work to go to court. I feel tormented by this whole ordeal. Since I don't have a job, I can't go see a doctor because I don't have the money to do so. My back is up against the wall and I need help now. Fighting PRA has been going on for over a year now and they haven't given me anything that makes me believe they have the right to sue me.
Company Response:
State: MO
Zip: 63136
Submitted Via: Web
Date Sent: 2023-04-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-24
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Portfolio Recovery Service written leters to dispute all accounts asked to send validation letter never got asked to removed them never did sent certified mail to them nothing in return got plenty of phone calls from them.I asked in a handwritten certified letter to validate the debts and they did not asked them to remove them since it was hurting my credit report nothing. They brought the debts from another company I dont owe them I might owe the other companies if they are valud.
Company Response:
State: OH
Zip: 44903
Submitted Via: Web
Date Sent: 2023-04-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-22
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: In accordance with the Fair Credit Reporting Act, the following list of accounts are in violation of my FEDERALLY PROTECTED consumer RIGHTS to privacy and confidentiality under 15 U.S.C 1681. XXXX XXXX and account number ending in XXXX Portfolio Recovery Associates and account number ending in XXXX Portfolio Recovery Associates account number ending in XXXX Portfolio Recovery Associates account number ending in XXXX Portfolio Recovery Associates account number ending in XXXX XXXX XXXX XXXX account number ending in XXXX XXXX ) 15 U.S.C 1681 SEC 602 ( A ) States I have a RIGHT to Privacy. 2 ) 15 U.S.C 1681 SEC 604 ( A ) SEC ( 2 ) : States a consumer reporting agency CAN NOT furnish an account without my written instructions. 3 ) 15 U.S.C 1681c. ( A ) SEC ( 5 ) : States no consumer reporting agency may make any consumer report containing any of the following items of information or any other adverse items of information, other than records of convictions of crimes which antedates the report by more than seven years. 4 ) 15 U.S.C 1681s-2 ( A ) ( 1 ) : A person shall NOT furnish any information relating to a consumer to any consumer reporting agency if the consumer knows or has reasonable cause to believe that the information is inaccurate. These accounts have another name on them and a different address which Ive never lived out of California. These items must be DELETED immediately and a rapid re-score is requested.
Company Response:
State: CA
Zip: 93706
Submitted Via: Web
Date Sent: 2023-04-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I declare under penalty of perjury ( under the laws of the United States, if executed outside of the United States ) that the foregoing is true and correct to the best of my knowledge. I certify that I am permitted by federal and state law to file this dispute. I also understand that knowing and willful misstatements or omissions of material facts constitutes a federal criminal violation punishable under 18 U.S.C. 1001. In addition, these misstatements are punishable as perjury under 18 U.S.C. 1621. This collection found on my credit report are NOT related to any transaction that I have made. I am alleging that a person and/or company - without my authorization, used my personal information to apply for products, services, or money ; and was successful in creating some accounts. All which are being investigated by the FTC.
Company Response:
State: HI
Zip: 96818
Submitted Via: Web
Date Sent: 2023-04-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Repeated phone calls at all hours of the day. Trying to mask the phone number. Also, strange looking letters offering to settle the debt for a lesser amount but not telling me who I owe the money to.
Company Response:
State: CO
Zip: 80022
Submitted Via: Web
Date Sent: 2023-04-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-23
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: A representative from portfolio recovery associates repeatedly called me even after I requested not to be called, was very rude and used profanity
Company Response:
State: CA
Zip: 94606
Submitted Via: Web
Date Sent: 2023-04-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-23
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I was contacted about a debt with Portfolio Recovery Associates regarding an old credit card debt. I ended up paying the debt {$730.00} to get it removed from my credit. Even though they failed to send proof that it was mine.
Company Response:
State: OR
Zip: 97338
Submitted Via: Web
Date Sent: 2023-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-23
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Repeated phone calls even though I asked and written them requesting them to stop calling. Calling late at night, very early in morning, and during work hours. Received threats of court action, being unable to register a car
Company Response:
State: NY
Zip: 122XX
Submitted Via: Web
Date Sent: 2023-04-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-23
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I was contacted about a debt with XXXX XXXX XXXX regarding an old credit card debt. I ended up paying the debt {$730.00} to get it removed from my credit. Even though they failed to send proof that it was mine.
Company Response:
State: OR
Zip: 97338
Submitted Via: Web
Date Sent: 2023-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A