Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I sent a letter to Portfolio Recovery Associates , LLC alleged account number XXXX, dated XX/XX/2022 with certified mail number XXXX XXXX XXXX XXXX XXXX, in which they received on XX/XX/2022 XXXX XXXX, VA XXXX according to the XXXX website. This XXXX account is causing extreme XXXX hardship and pain. It is making it extremely difficult for me to acquire credit.
Company Response:
State: NY
Zip: 11706
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have an account on my credit report from PORTFOLIO and it is being reported on XXXX. I do not recognize this account nor do I have an agreement with them. This is improper and detrimentally hurting my lifestyle as well as receiving credit.Per 15 U.S. Code 1681,15 U.S. Code 6803,15 U.S. Code 6804, 15 U.S. Code 6805 ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 6805 states that ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer. ( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. Most importantly I did not give this company written permission to publish this on my credit report. 15 U.S. Code 6801 ( a ) ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 15 U.S. Code 1681s-2 ( a ), 15 U.S. Code 1681s-2 ( A ) 15 U.S. Code 1681a 4 There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
Company Response:
State: GA
Zip: 30215
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In XXXX I began the process of working with XXXX XXXX XXXX to settle my debt. XXXX 's XXXX Bank was one of the accounts. XXXX agreed to a settlement in XXXX of XXXX ( proof provided ) and XXXX XXXX XXXX sent them a settlement payment through XXXXXXXX XXXX which XXXX process. Around XXXX of XXXX, I noticed a collection on my credit report from Portfolio Recovery Associates LLC for the original XXXX 's Debt. Starting in XXXX, I contacted Portfolio Recovery and provided several forms of evidence showing the debt was paid. Portfolio recover stated they purchased the debt in XXXX of XXXX. I submitted a Statement from XXXX XXXX XXXX showing the settlement and payment, a letter from XXXX accepting the settlement, a receipt that the payment was made for XXXX XXXX XXXX through XXXX XXXX XXXX, a bank statement from XXXX XXXX XXXX showing the payment made, and a copy of the check sent to XXXX bank in the amount of XXXX that was processed by XXXX Portfolio Recovery still refuses to accept my evidence of payment and continues to send me letters or remove the collections from my credit report.
Company Response:
State: NY
Zip: 131XX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: XX/XX/2023 Portfolio recovery reports I owe them XXXX dollars, I have never signed any documents with or for Portfolio recovery.
Company Response:
State: CA
Zip: 92544
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. all of my right was violated by XXXX, XXXX XXXX XXXX and XXXX.
Company Response:
State: MI
Zip: 482XX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-13
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have recently received my credit report and noticed violations under the 15 us code 1681 and 15 usc 1681b ( FCRA ). The law clearly states the following 15 USC 1681b ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Meaning that if you do not have or have not gotten any written instructions from me ( THE CONSUMER ) to furnish an account on my report. It should not be there. That is a violation. I never gave written instructions to furnish any of the following accounts. Secondly, according to the 15 USC1681.The law clearly states. Accuracy and fairness of credit reporting. The Congress makes the following findings : The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. The accounts are inaccurate and are in clear violation of my privacy. Which is a violation of the law. This is embarrassing and damaging to my reputation as a consumer. As the consumer I demand the following accounts be DELETED from my credit report immediately. The accounts are inaccurate and are in clear violation of my privacy. Which is a violation of the law. This is embarrassing and damaging to my reputation as a consumer. As the consumer I demand the following accounts be DELETED from my credit report immediately. I DID NOT GIVE ANY WRITTEN INSTRUCTIONS TO HAVE ANY OF THESE ACCOUNTS ON MY CONSUMER REPORT. I have not given you permission to access my credit profile and you have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated ID Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. 15USC 1681 ( a ) ( 4 ) A consumer has the right to XXXX is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. You Are in Federal Violation on my rights, as a federally protected consumer who have the right to privacy.
Company Response:
State: GA
Zip: 30215
Submitted Via: Web
Date Sent: 2023-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: There is a paid debt from Portfolio Recovery that i have requested to be removed from my credit reports. I have paid this in full and asked that it be removed from all three bureau reports. Acct # XXXX I have also paid in full a debt from XXXX XXXX and asked that it be removed from all credit reports the acct number for XXXX XXXX is # XXXX.
Company Response:
State: AR
Zip: 724XX
Submitted Via: Web
Date Sent: 2023-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-11
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Portfolio is in direct violation of 15 USC 1692 ( d ) ( 4 ) : The advertisement for sale of any debt to coerce payment of the debt. According to the FDCA, this is a direct violation of my rights and I am entitled to collect damages, minimum {$1000.00} for every violation that PRA has committed against me. XXXX XXXX has equally violated my rights specifically as it relates to the aforementioned law code. I request that the alleged PRA account ending in XXXX is immediately removed from my credit report. Should a PRA representative choose to deny this request, you hereby understand and agree that PRA is liable for the damages that have occurred due to any and all violations committed by PRA which shall be restored with monetary relief.
Company Response:
State: MS
Zip: 39206
Submitted Via: Web
Date Sent: 2023-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617/// THIS COMPANY IS REPORTING AN ACCOUNT ON MY CREDIT THAT IS NOT MINE/INACCURATE.FRAUD. I DID NOT GIVE NY PERMISSION TO REPORT THIS ACCOUNT AND I WAS NOT NOTIFIED THAT THIS ACCOUNT WAS OR WILL BE REPORTED TO MY CREDIT REPORT.
Company Response:
State: FL
Zip: 33612
Submitted Via: Web
Date Sent: 2023-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have been a victim of Identity theft. I have been desperately trying to get these collections deleted off my consumer report from Portfolio Recovery so I can be approved to but me a home this year. However, the original creditor is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I did authorize or consent for any person or agency to put this debt on my consumer report. Please in good for of my consumer rights please remove and permanently delete all negative accounts and inquiries from my consumer report.
Company Response:
State: FL
Zip: 342XX
Submitted Via: Web
Date Sent: 2023-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A