Date Received: 2022-08-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have tried contacting the collection agency to get deeper information as I am allowed bi law all they send is two sheets of paper one with my name and one saying I owe this money.. I told them I was in XXXX and since I was not notified aware I owed any one and if they can just provide me with more proof then just to sheets of paper .. they are way past both statue of limitation and they are illegally billing me for a debt thats not mine please be kind enough to further investigate this my next step is to file a lawsuit its causing me a lot of issues with obtaining a car.. as far as the proof they have not showed me a contract a purchase nothing that I can take as my debt
Company Response:
State: NY
Zip: 10940
Submitted Via: Web
Date Sent: 2022-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with a fair credit reporting act [ XXXX # XXXX, TXXXX XXXX XXXX XXXX, PORTFOLIO RC # XXXX ] has violated my rights. Under 15 USC 1681 section 602 states I have the right to privacy. Under 15 USC 1681 section 604A Section 2 it also states a consumer reporting agency can not furnish an account without my written instructions.
Company Response:
State: PA
Zip: 18042
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2022 I disputed a debt unknown to me through XXXX XXXX from Portfolio Recovery. The account was not immediately marked disputed, nor have I received paperwork regarding the outcome of that dispute within the 30 days they have to send me one. I then received legal paperwork taking me to court on the XXXX of XXXX. I contacted portfolio recovery via the number given on the legal paperwork stating I had never received any information regarding this debt and requested all information be mailed to me. Again the account was not marked disputed, I did not receive said paperwork. Contacted them again on XX/XX/2022, was informed the account in fact had not been marked disputed but could be today, as well as my paperwork had just been mailed out that same day employee was unable to answer any of my questions. Contacted company again a week later as no paperwork had gotten to me, was informed it was sent, then the employee back tracked on what she had told me saying it shows I never requested any paperwork. After looking into all credit reports the dates they opened this account dont even match on most of them it shows multiple dates. This company has violated a few different FDCPA rules, and still has yet to get me any further information regarding this account.
Company Response:
State: OR
Zip: 97267
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This is not my debt. I sent a certified mail letter to them on XX/XX/22 asking for written signature validation of debt. They have not been able to supply me with this information. According to the USC they must validate each debt before reporting it to credit bureaus.
Company Response:
State: GA
Zip: 30296
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: The company by the name of Portfolio Recovery Associates have been calling my home 7 times per day every day even on Sundays even after I have asked them to stop I advised that I dont have any business relationship with them and if there is any communication to be had then they should mail it. This harassment continues as of the date of this complaint. Early morning late nights and even on XXXX
Company Response:
State: FL
Zip: 33138
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Account # XXXX Account Type Collection Agency/Attorney Creditor Type -- Account Rating Payment after charge off/collection Portfolio Type Collection Owner of Account Individual Original Creditor XXXX XXXX XXXX XXXX XXXX XXXX XXXX Amount Owed {$440.00} Past Due Amount {$0.00} Last Payment {$0.00} Last Payment Date N/A Original Balance {$0.00} Placed in Collections XX/XX/XXXX Last Verified Date XX/XX/XXXX Paid off Date N/A Closed Date N/A Under the federal Fair Credit Reporting Act ( 15 U.S.C. section 1681 and following ), you are obligated to investigate this request within 30 days, and promptly give credit reporting agencies correct information if you find that information you have reported is incorrect or incomplete. I have enclosed the Consumer Financial Protection Bureau 's Notice to Furnishers of Information, which details your responsibilities under the Fair Credit Reporting Act as a furnisher of information to credit reporting agencies. This negative mark is damaging my credit. Please promptly contact XXXX, XXXX, and XXXX ( and any other credit reporting agency to which you reported this information ) and remove this information from my credit file. Please confirm within 20 days that you have directed these credit reporting agencies to remove this information. NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document. Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ). Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ). Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ). The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumerfinance.gov. Section 623 ( a ) ( 8 ). Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ). Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ). Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ). Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ). Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ). Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ). Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ). Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B. Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information. Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614 15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681c-1 15 U.S.C. 1681c-2 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629 15 U.S.C. 1681m 15 U.S.C. 1681n 15 U.S.C. 1681o 15 U.S.C. 1681p 15 U.S.C. 1681q 15 U.S.C. 1681r 15 U.S.C. 1681s 15 U.S.C. 1681s-1 15 U.S.C. 1681s-2 15 U.S.C. 1681t 15 U.S.C. 1681u 15 U.S.C. 1681v 15 U.S.C. 1681w 15 U.S.C. 1681x 15 U.S.C. 1681y
Company Response:
State: TX
Zip: 77339
Submitted Via: Web
Date Sent: 2022-09-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My name is XXXX XXXX and I am a nature person and have researched and file this complaint from my knowledge and facts that are attached. 1. ( FACT ) The following entities listed below have and continue to violate the Federal laws, that have grant me, by the Fair Credit Reporting Act and Fair Debt Collection Practices. I have dealt in good faith from May, 2021 to this present and to no avail. The following entities have refuse to correct the blatant and obvious errors on my credit report, as required by the following Federal 15 USC codes : XXXX, XXXX, XXXX ( XXXX XXXX XXXX XXXX ) and PORTFOLIO RECOVERY ASSOCIATES, LLCXXXX, XXXX XXXX and XXXX BANK. 2. ( FACT ) 1681 ( a ) ( 4 ) & B1681b ( a ) ( 2 ) Accuracy and fairness of credit reporting 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. ( FACT ) 1681b ( a ) ( 2 ) ( a ) 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. 3. ( FACT ) 1681i ( 2 ) ( A ) & ( B ) ( 2 ) PROMPT NOTICE OF DISPUTE TO FURNISHER OF INFORMATION ( A ) Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller. 4 ( FACT ) 1681i ( 2 ) ( B ) ( B ) Provision of other information The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ). 5. ( FACT ) 1681c ( a ) & ( 5 ) ( a ) INFORMATION EXCLUDED FROM CONSUMER REPORTS Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 6. ( FACT ) 1681s-2 ( a ) ( b ) ( i ) ( ii ) ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 7. ( FACT ) 1692b ( 2 ) ( 5 ) Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall 2 ) not state that such consumer owes any debt ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. The Debt collector verbiage is offensive to me and makes me very upset and drives my blood pressure up.. I am offended that this debt hasnt been removed and I have received documents that are clearly altered and edited. In my belief and based on documents I received. 8. ( FACT ) 1692C ( A ) ( A ) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of a Debt. 9. ( FACT ) 1692D ( 2 ) A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. The language is offensive, Debt Collector, balance amount due are very offensive, when my request for a investigation and validation has not been conducted as set forth by Federal law. The entities have oppressed my financially and harmed my quality of life. I feel worried and XXXX when I check the mail or every time my phone rings. They have continuously abused my rights for over a year now, by not correcting the errors that I have documented time and time again. The financial hardship and XXXX created by the continuous certified mailing to all parties involved. The cost of these mailings has a large financial commitment attached to them. 10. ( FACT ) 1681n ( a ) ( 1 ) Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. 11. ( FACT ) Improper investigation and/or no investigation conducted as prescribed by the following terms of investigation. 1681 ( a ) ( e ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. All entities involved have stated several times that the account ( s ) have been verified, validated and investigated. Yet based on the credit reports, all data must be 100 percent accurate or be removed. The credit reports differ and has information between all 3 reports, that are completely different. ( Drastically different ) See attached credit report.
Company Response:
State: TX
Zip: 77079
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Attorney : XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX AL XXXX Reporting old debts as newer than they are ( re-aging ) and this has been disputed on serval occasion. The status of limitation has been reached and they just reopened the debts on XX/XX/XXXX as new debt and trying to garnish wages. Please see the below information : PORTFOLIO RECOVERY Opened XXXX {$380.00} PORTFOLIO RECOVERY Opened XXXX {$470.00} PORTFOLIO RECOVERY Opened XXXX {$2100.00} PORTFOLIO RECOVERY Opened XXXX {$2200.00} PORTFOLIO RECOVERY Last reported XX/XX/XXXX {$380.00} Open balance XXXX XXXX XXXX A Original creditor XXXX OpenedXXXX XXXXXXXX, XXXX ( XXXX yrs, XXXX mos ) Account statusOpen Type -- ResponsibilityIndividual RemarksPlaced for collection Original creditor XXXX XXXX XXXX XXXX XXXX XXXX Last reported XX/XX/XXXX {$2100.00} Open balance XXXX XXXX XXXX Original creditor XXXX OpenedMar XXXX, XXXX ( XXXX yrs, XXXX mos ) Account statusOpen Type -- ResponsibilityIndividual RemarksPlaced for collection Original creditor XXXX XXXX XXXX PORTFOLIO RECOVERY Last reported XX/XX/XXXX {$470.00} Open balance XXXX SXXXX XXXX Original creditor XXXX OpenedApr XXXX, XXXX ( XXXX yrs, XXXX mos ) Account statusOpen Type -- ResponsibilityIndividual RemarksPlaced for collection Original creditor XXXX XXXX XXXX PORTFOLIO RECOVERY Last reported XX/XX/XXXX {$380.00} Open balance XXXX XXXX XXXX A Original creditor SNAPSHOT OpenedApr XXXX, XXXX ( XXXX yrs, XXXX mos ) Account statusOpen Type -- ResponsibilityIndividual RemarksPlaced for collection Original creditor XXXX XXXX XXXX A
Company Response:
State: MS
Zip: 393XX
Submitted Via: Web
Date Sent: 2022-08-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-21
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: They been calling every day off of different numbers I requested to pay XXXX amount XXXX dollars a month they wanted more per month so I told them when Im ready to settle I will contact them
Company Response:
State: RI
Zip: 02909
Submitted Via: Web
Date Sent: 2022-08-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-21
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: I have 3 cases in XXXX Municipal Court - Small Claims where defendant received service on lawsuits at addresses I didn't reside at. I attempted to vacate the judgements but the court denied all 3 motions. I don't know what to do at this point.
Company Response:
State: OH
Zip: 434XX
Submitted Via: Web
Date Sent: 2022-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A