Date Received: 2023-03-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I was shock to see it was a collection account from Portfolio Recovery. I discovered this debt by viewing my credit report. This company never sent any correspondence to me for this debt, no validation letter, nothing at all. I have asked for a copy of the singed contract in question with no response. I have asked this company to delete the debt off my credit as it is in violation of rules under the fair credit reporting act. Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting on my credit report. Please dont respond to my request by saying that these accounts have been verified. Send me copies of the signed documents that you have in your files that were used to verify them. If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please delete them immediately as required under Section 611 ( a ) ( 5 ) ( A ) ( i ). By publishing these inaccurate and unverified items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness. Under the FCRA 15 U.S.C. 1681i, all unverified accounts must be promptly deleted. Therefore, if you are unable to provide me with a copy of the verifiable proof that you have on file for this account.
Company Response:
State: MD
Zip: 20743
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have been harassed and threatened by this company for over three years now and this company has yet to prove anything to me on what debt they claim I owe! This has affected me since XXXX a total of XXXX YEARS of this misrepresentation on my consumer report. They have been collecting money on this account since they purchased and it is unacceptable!
Company Response:
State: OH
Zip: 44145
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: A company called Portfolio Recovery Associates , LLC, has been repeatedly calling me for two months without leaving texts or voicemails describing their purpose of calling me or what debt I have. They have tried to collect some sort of debt from me despite the fact that I have never used a credit card or used student loans. I called them earlier this morning ( XX/XX/23 ) to ask who they were and why they were calling me. The person who called me instead asked for my information, which I refused to give them unless they described their company affiliation. A few months ago, my house was burglarized and my birth certificate was stolen. I'm not sure if this has anything to do with it if someone is falsely impersonating me.
Company Response:
State: HI
Zip: 96822
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have been dealing with Portfolio Recovery for quite some time. Initially, I sent the below-pasted letter via certified delivery, which was confirmed. Shortly after, they refused to sign to slow my administrative process. I have sent letters 2 and 3 ( pasted below ) without a response. Recently, I have disputed this with the credit bureaus in which Portfolio Recovery provided a fake set of bills addressed to me to all 3 credit bureaus causing further negative marks on my credit. They need to be prosecuted to the fullest extent of the law for their illegal practices. Please see to it that I am provided the remedy requested. LETTER 1 SENT XX/XX/XXXX - WITH NO RESPONSE RESENT THE FOLLOWING A SECOND TIME XX/XX/XXXX WHICH THEY REFUSED TO SIGN. I SENT IT REGULAR MAIL XX/XX/XXXX. SENT ALL LETTERS AGAIN WITH NOTICE OF DEFAULT ON XX/XX/XXXX. ALL HAVE BEEN IGNORED AND NOTHING I HAVE ASKED FOR WAS PROVIDED!!! LEGAL NOTICE 1 of 2 Time to respond - 30 Days From : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Colorado XXXX XXXX CO XXXX XXXX : XX/XX/XXXX To : PORTFOLIO RECOVERY ASSOCIATES , LLC XXXX XXXX XXXX XXXX, VA XXXX XXXX regards to : CONSUMER REPORTING AGENCY ( CRA ) FILES : XXXX : XXXX , non-adverse, non-belligerent, non-combative party, a secure creditor with power of attorney general, and executor on behalf of the XXXX XXXX XXXX XXXX , is in possession of your recent voluntary submission of evidentiary documents. Upon reviewing our consumer credit reporting files, it was noticed that you are blatently disregarding previous disputes and requests for information from us. And, you are willfully and illegally continuing to report false credit information on our consumer credit reports. We do not and have not had any contracts with PORTFOLIO RECOVERY ASSOCIATES , LLC or the alleged accounts/debts on my consumer credit report *Alleged Account XXXX *AllegedAccount XXXX *Alleged Account XXXX As you may or may not be aware, there are eight parts to a lawful contract. 1. Parties Competent to Contract - The parties to a contract should be competent, being of the age of majority/consent, of sound mind, and not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness, or status. The status of the parties should be of like kind, being artificial Legal Person and artificial Legal Person, or living Man/Woman and living Man/Woman, allowing two or more parties but never a mixture of these kinds. 2. Free and genuine consent - The parties consent to the agreement must be free and genuine. The parties ' consent should not be obtained by misrepresentation, fraud, undue influence, coercion, or mistake. If consent is obtained by any of these flaws, then the contract is invalid. 3. Full disclosure - When negotiating a contract, full disclosure is the act of providing all material information, or telling the " whole truth, '' about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient mutual consideration - The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms - The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds- A meeting of the minds 'consensus ad idem ' occurs between the parties when they recognize each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds in status, Man/Woman with Man/Woman, or when these are acting as Legal Person with Legal Person. A corporation and another corporation may enter into contract by way of 'accommodation parties ', and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of equal status. 7. Signatures or autographs- Written contracts between artificial Legal Persons must carry the wet ink signatures of both parties, because a wet ink signature is an accommodation from a living Man/Woman, declared or not. Written contracts between sentient beings must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living status is recognized by a thumbprint or more often by an unambiguous declaration with the autograph, such as authorized agent written below. 8. Privity of contract - A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. PORTFOLIO RECOVERY ASSOCIATES , LLC, must herein provide the original copies of the alleged contracts between us and each of the alleged accounts/debts listed above. The presentments need to fulfill the eight parts of a lawful contract mentioned above. Anything without these eight components of a lawful contract will demonstrate your attempts to commit identity theft and fraud against us 31 U.S. Code 3729, 15 U.S. Code 1692e. PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide Proof of Chain of Title of Ownership of these alleged accounts/debts. If the alleged accounts/debts were acquired by you as a debt buyer, then proof of chain of title of the alleged accounts/debts must be from the original creditor to the current owner without any break in the chain. PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide the payment history of this alleged accounts/debts. PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide copies of Privacy and Opt Out Notices that were allegedly sent to us from each of the three accounts/debts listed above. Also, include verification of when they were sent and received. 16 CFR 313 PORTFOLIO RECOVERY ASSOCIATES , LLC, must herein provide a true and certified copy of the complete audit trail of said accounts/debts. Furthermore, in order for PORTFOLIO RECOVERY ASSOCIATES , LLC to validate the accounts/debts, please provide verification through audit certification of debt entry in accordance with g.a.a.p., i.f.r.s, in accordance with basel 3 accord and u.n.c.i.t.r.a.l. conventions. This includes ALL authenticated records of accounting including ALL tax filings. Also provide a copy of your Tax Registration certificate. We are entitled to this information according to UCC 9-210 In accordance with the fair credit reporting act, you have violated our rights. -Under 15 U.S.C . 1681 section 602, we have the right to privacy -Under 15 U.S.C . 1681 section 619 you have obtained our personal information under false pretenses and you should be fined, imprisoned, or both PORTFOLIO RECOVERY ASSOCIATES , LLC, is using deceptive, misleading, illegal, and fraudulent tactics while working with *Alleged Account XXXX *AllegedAccount XXXX *Alleged Account XXXX which shows that you are violating 18 U.S. Code 241 - Conspiracy Against Rights. You have violated our right to privacy by conspiring with the above accounts and the consumer reporting agencies to pull our consumer report on four documented dates ( see Legal Notice 2 ) without written consent from us. 15 U.S.C. 620. Unauthorized disclosures by officers or employees [ 15 U.S.C. 1681r ]. 15 U.S. Code 1692j. Your failure to substantiate the claim is a violation of our rights. Please settle the account immediately within the next thirty days. Delete the inaccurate information from our consumer report. You are on notice that you are unlawfully attempting to collect the above-listed alleged debts for the above alleged accounts. Cease and desist all collection activity, including contacting the consumer reporting agencies ( CRAs ) to access our file without written consent from us. This letter is evidence that may be provided to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and our state attorney general. The CFPB, FTC, and state attorney general are authorized to fully investigate this matter and receive any information related thereto. Be advised you have thirty days to respond with the required presentments. We demand you to remove the defamatory files on our credit reports and cease any further collection attempts or communication. If you fail to comply with this letter within the thirty days, we will turn this matter over to the CFPB, FTC, Attorney General of CO, and to a consumer attorney. Once this is complete, we will ask for additional fees. Also, your permission to contact us or communicate with us by phone or any other means except by mail through the United States Postal Service is revoked per U.S. Code, 15 U.S.C. 1692c ( c ) Sincerely, By : XXXX XXXX XXXX All rights reserved without prejudice pursuant to UCC 130 Authorized Agent and Executor of the Estate for XXXX XXXX XXXX LEGAL NOTICE 2 of 2 Time to respond - 14 Days From : XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CO XXXX XXXX : XX/XX/XXXX To : PORTFOLIO RECOVERY ASSOCIATES , LLC XXXX XXXX XXXX XXXX, VA XXXX XXXX regards XXXX : DEMAND OF PAYMENT : XXXX : XXXX non-adverse XXXX XXXX XXXX non-combative party, secure creditor with power of attorney general, and executor on behalf of the XXXX XXXX XXXX XXXX, is in possession of your recent voluntary submission of evidentiary documents. In accordance with the fair credit reporting act, you have violated our rights. Under 15 U.S.C. 1681 section 602, we have the right to privacy You have violated our right to privacy by conspiring with the consumer reporting agencies to pull our consumer reports without written consent from us on four separate dates. 15 U.S.C. 620. Unauthorized disclosures by officers or employees [ 15 U.S.C. 1681r ]. Under 15 U.S.C. 1681 section 619 you have obtained our personal information under false pretenses and you should be fined, imprisoned, or both. On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q There was/is no credit or contract between you and us. You were never given prior authorization or permissible purpose under the FCRA to pull our credit. Therefore, it should not be listed on our credit account as an inquiry. As a result of you unlawfully obtaining our consumer report without permission, you are liable to me an actual damage of {$1000.00} per violation. We are willing to settle this matter with admitted liability from PORTFOLIO RECOVERY ASSOCIATES , LLC. Cease and Desist obtaining copies of our consumer report from the consumer reporting agencies. Pay us {$4000.00} and deliver it to the address above within fourteen days of receiving this demand. Please be advised, we are prepared to place a commercial lien on your company if you do not comply with this demand within the fourteen days. Upon time of receipt of the {$4000.00}, this letter shall be general release of all claims herein. This letter is evidence that may be provided to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my our state attorney general. The CFPB, FTC, and state attorney general are authorized to fully investigate this matter and receive any information related thereto. Be advised, if you fail to comply with this letter within the fourteen days, we will turn this matter over to the CFPB, FTC, Attorney General of CO, and to a consumer attorney. Once this is complete, we will ask for additional fees. Also, your permission to contact us or communicate with me by phone or any other means except by mail through the United States Postal Service is revoked per U.S. Code, 15 U.S.C. 1692c ( c ) Sincerely, By : XXXX XXXX XXXX All rights reserved without prejudice pursuant to UCC 130 Authorized Agent and Executor of the Estate for XXXX XXXX XXXX
Company Response:
State: CO
Zip: 80921
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Although Portfolio Recovery Associates , LLC has been forwarded a request via Certified Mail ( XXXX XXXX XXXX XXXX XXXX ) and per the USPS tracking information : " Your item was picked up at a postal facility at XXXX XXXX on XX/XX/2023 in XXXX, VA XXXX. '' They continue to ignore the following letter : " XX/XX/2023 XXXX XXXX XXXXXXXX XXXX XXXX XXXX, TN XXXX Portfolio Recovery Assoc. LLC. XXXX XXXX XXXX. XXXX, XXXX XXXX Mr./Ms. Collector and Portfolio Recovery. I am writing in response to your constant phone calls! According to the Fair Debt Collection Practices Act, [ 15 USC 1692c ] Section 805 ( c ) : Ceasing communication : You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location! In accordance with the federal FDCPA, now that you have received this " stop calling '' letter, you may only contact me to inform me that you : are terminating further collection efforts. Intend to continue your collection practices and processes, in According to the Fair Debt Collection Practices Act. intend to invoke a specified remedy. Please update all appropriate records that you are no longer authorized to call or contact me by phone ( s ). Furthermore, I will only accept collection activity in written form. Again, please update your records regarding no telephone collection calls on my account. Thank you for your cooperation. If you wish to further pursue collection activities, please forward Validation of Debt : copies of any original documents pertaining to original statements, accounts, letters, and any other original documents pertaining to the same. Also please provide proof that you are legally licensed and approved as a debt collector in the state of Tennessee. Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805 ( b ) 2 of the FDCPA. Please advise any other collection agency, if that is how you received or learned of any accounts regarding me. Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will pursue all available legal actions to stop you from harassing me. Regards, XXXX XXXX XXXX "
Company Response:
State: TN
Zip: 37211
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I dont owe this company
Company Response:
State: GA
Zip: 302XX
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: there are several accounts that should have been removed and I've tried several times they just keep showing up they are not mine and no-one does a thing about it and the dates change all the time and I can't get a credit report they keep refusing me
Company Response:
State: NY
Zip: 13440
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Received this in the mail i do not know what this debt is for.
Company Response:
State: OH
Zip: 450XX
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-27
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To Whom It May Concern, This is in reference is in response to the letter that your company sent me XX/XX/2023. In that letter, it was mentioned how you have violated the Fair Collection Practices Act ( FDCPA ). In response to that letter, your company replied that it is not governed by FDCPA because the same applies to the third-party debt collector and not the creditors. I request you to stop sending me the statements and provide valid proof that you are a creditor. That proof should not include the Consumer Contract because as per the judgement in Pacific Concrete F.C.U. Vs. Kauanoe, the Consumer Contract is not sufficient evidence of a debt. Also, provide the audit trail of the transaction originated by you. I am attaching herewith valid proof of you being a debt collector under the provisions of FDPCA. Thank you for your cooperation. Sincerely, XXXX XXXX
Company Response:
State: MS
Zip: 393XX
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-27
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: Portfolio Recovery keeps calling all times of day and night. They are saying they have filled court cases with me because I an alleged debt. Different numbers call from all area codes saying Im committing a crime and they will sue me and garnish my wages. I do not owe such debt. I filled several disputes with the credit bureaus but they say it all comes back as investigated. Which is untrue. I am the only one who can verify if I owe a debt. Theres no contract or wet signature saying I owe.
Company Response:
State: NJ
Zip: 075XX
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A