Date Received: 2023-02-20
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2023 I contacted Portfolio Recovery Associates LLC Via-mail and requested the following in which they responded with just a few copies of the last billing statements that didn't add up to the Balance amount owed and copy of XXXX XXXX XXXX contract agreement with no signatures written or digital indicated on contract agreement, and a copy of the same bank Notification of Assignment, Sale or transfer of Credit Card Account that is deemed to be fraudulent. GENERAL DENIAL Pursuant to Tex. R. Civ. P. 92, and without waiving any other defenses, Defendant denies. each and every allegation of Debt Collectors original debt claims, and demands strict proof thereof by a preponderance of the evidence as required by the Texas Rules of Civil Procedure. Furthermore, I denies the debt collectors allegation and request that all conditions precedent and all documents are validated and presented as I have requested ; Therefore Above debt collector should be denied recovery and the claim voided, furthermore until the conditions precedent below have provided to me in its entirety. XXXX. AFFIRMATIVE DEFENSES By way of further Validation, in the alternative if such be necessary, and without waiving any of the foregoing, I XXXX XXXX XXXX, XXXX asserts the following affirmative defenses : 1. Illegality in contract law 2. Debtor is not liable to Debt Collector for the debt claimed because Debtor is entitled to an offset. 3. contract is illegal, and therefore, unenforceable 4. Duress in Contract I therefore I demand that the debt collector provide me with the following Documents below for complete validation of the said debt : 1. Provide Name and address of original creditor along with verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. Please provide a copy of the written agreement that created my original requirement to pay. 2. A copy of the all-billing statements sent to me by the original creditor since the beginning of the credit card contract agreement. 3. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing all the dates and amount of each charge added to the total amount that created the full balance amount claimed due. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 4. If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 5. Identify the date of the first and last payment made on this account.
Company Response:
State: TX
Zip: 75126
Submitted Via: Web
Date Sent: 2023-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-19
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XXXX I sent in my letter stating that I don't owe this alleged debt and asked for verification for the alleged debt your company has violated my rights. 1.Under 15 USC Section 609 ( a ) ( 1 ) ( A ) You are required to provide me a contract with my wet signature on it. You haven't provided me with anything. 2.Under 15 USC 1692g ( a ) You were to notify me in 5 days after intial communication. You have violated that right. You haven't responded to anything. 3.Under 15 USC 1692e You have created a False impression of the legal status of my alleged debt even if it was my debt it is uncollectible by law. I further remind you that wengner vs. transunion corp., no. 95-6445 ( C.d.c.nXXXX XXXX XXXX ) you may be liable for your willful noncompliance. Failure to delete these accounts may result in legal actions being taken in small claims court against your company seeking {$1000.00} per violation : 1. Defamation 2.Negligent Enablement of Identity Fraud Per FCA 3.FDCPA 15 USC 1692g violations 4.FCRA 15 USC 1681 violations for willful noncompliance A copy of this will be CC 'D to FTC XXXX MY ATTORNEY GENERAL
Company Response:
State: MD
Zip: 20747
Submitted Via: Web
Date Sent: 2023-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-19
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Attempting to collect a debt past the State of Georgia statute of limitations Case # XXXX In Georgia after 6 years this judgement is uncollectable. Judgement entered in XXXX and I was contacted in XXXX, thats 9 years. GA limit is six years. Also, a settlement offer was done where debt was paid in full.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-19
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act XXXX Account, has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : it also states a consumer reporting agency can not furnish a account without my written instructions
Company Response:
State: GA
Zip: 30135
Submitted Via: Web
Date Sent: 2023-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-20
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX, Ny XXXX XX/XX/2023 Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, VA XXXX Account : XXXX Dear Collector : My credit report shows a collection from your agency. I was never notified of this collection. I do not believe this debt is accurate. Under the FAIR DEBT COLLECTION PRACETICES ACT, I have the right to request and receive a validation of debt letter. Therefore, please provide me with a copy of ALL of the following : 1 ) An explanation of what this alleged account balance is for. 2 ) A complete Audit Trail calculation of this balance, including the complete payment history on this account, so I proof that this amount is correct. 3 ) Documentation that shows I agreed to pay this debt with my signature and documentation showing I gave you permission to have my information and paperwork showing I gave you authorization to report this to my credit report. No con sent to you having my information and unauthorized use of my social security number is identity theft and you will be reported for such. 4 ) The Agreement that grants you authority to collect on this alleged debt. 5 ) A copy of your state license, including license number that give you rights to collect in my state. 6 ) ( The purchase agreement ) 7 ) ( Swear under penalty of perjury you were present during the alleged debt ) Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act. ALSO YOU have committed the following FDCPA Violations : 15 U.S. Code 1692d - Harassment or abuse A debt collector may not engage in any conduct the nat ural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of a person. YOU ARE harming my reputation which is a violation. 15 U.S. Code 1692e - False or misleading representations A debt collect or may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. ( 2 ) The false of ( A ) the character, amount, or legal status of any debt. This debt is reporting falsely. 15 U.S. Code 1692f Unfair practices A debt collector m ay not use unfair or unconscionable means to collect or a ttempt to collect any debt. ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. You used symbols on the envelope which violated the law. 15 U.S. Code 1692g- Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( 2 ) the name of the creditor to whom the debt is owed ; I am the creditor under 15 U.S. Code 1692a so the debt is owed to me. 15 U.S. Code 1692j- Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating in the collection of the alleged debt. Under 15 U.S. Code 1692k - Civil liability I DEMAND {$1000.00} dollars for each violation as you have caused severe damage to my character. ( a ) Amount of damages except as otherwise provided by this section, ANY DEBT collector who fails to comply with any provision of this subchapter with respect to any person is liable to such in an amount equal to the sum of- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. Stop contacting me about this or any other matter you ha ve to cease and desist ASAP and delete this account from my credit reports, except to provide me with accurate validation of this debt by U.S. mail only. I also have submitted this letter to the Consumer Financial Protection Bureau ( CFPB ), My State Attorney General Office and The Better Business Burea u to have confirmation of proof if you respond without the proper validation request or not in the 15 day timeframe you have. You have 15 days from the date of this letter to respond with all items requested or this is considered an insufficient validation response and this item must be removed immediately or I will seek litigation for Monetary damages along with the violations you already committed. I also need for you to Cease all communication on every medium
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I get constant phone calls from portfolio recovery. I have 0 debt my home is paid and they continue to bother me. There is no debt I have never paid
Company Response:
State: CA
Zip: 93940
Submitted Via: Web
Date Sent: 2023-02-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-18
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Calls from Portfolio Recovery will not pick up if you answer. Return calls don't connect. Numbers from all over the united states call daily. Sent a written request to cease phone calls to no avail. Responded by text message to no avail.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: acct number XXXX The XXXX XXXX XXXX I have no clue what this is from. I never was with the XXXX XXXX XXXX XXXX is the amount that is owed.
Company Response:
State: WI
Zip: 54220
Submitted Via: Web
Date Sent: 2023-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: On XXXX i sent a dispute to the alleged Debt collector Portfolio recovery and credit reporting agency XXXX about inaccurate credit reporting. I requested debt validation on the alleged collections account affecting my credit report, I requested VALIDATION of debt, The sent an itemization of charges which is break down of the alleged charges which by law is NOT considered validation of debt. I requested the initial original agreement from alleged company and or original wet proof of my signature which they did NOT provide. They sent an update on the XXXX online portal that the they Verified as of todays date XXXX this alleged debt. They did not send the proof and this is not VALID.Furthermore, In accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, I demand that you provide actual proof the information was verified, not a computer generated confirmation.
Company Response:
State: CA
Zip: 93309
Submitted Via: Web
Date Sent: 2023-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have never given permission to furnish the information to Portfolio Recovery Associate. Investigated accounts that you didnt request to be investigated. Majority of the account information is inaccurate, the open dates and last active dates are never matching on any information originally. Due to noncompliance with 15 U.S. Code 1681 ( e ) ( B ) and XXXX XXXX Compliance Standards, I would like to request that this account be removed from my credit report as soon as possible.
Company Response:
State: AL
Zip: 367XX
Submitted Via: Web
Date Sent: 2023-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A