Date Received: 2022-08-10
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: This is a response letter in reference to a summons/lawsuit letter I received on XX/XX/22. This summons claims I owe the plaintiff {$4500.00} issued by Portfolio Recovery Associates. Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? There is mention of multiple companies in the documentation you sent : XXXX XXXX XXXX Portfolio Recovery Associates XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am aware that section 609 of the FCRA requires that you provide me with a contract bearing my signature. Please forward me all signed documentation on this account and verifiable proof of this account belonging to me. The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. State the amount of the debt when you obtained it, and when that was. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. 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. Please forward breakdown of any fees. If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 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. Tell me when the creditor claims this debt became due and when it became delinquent. Identify the date of the last payment made on this account. Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. Details about your authority to collect this debt. I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. Has your firm done research and due diligence in reviewing original account-level documentation confirming the alleged debt? I have asked for this information because I have some questions. I need to hear from you to make an informed decision about your claim that I owe this money. I am open to communicating with you only for this purpose. In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion. Additionally any reporting of this debt to the credit bureaus prior to allowing me to validate it may be a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agent. I will await your reply with the above required proof. ( which, I am allowed under the FDCPA ) If you have good reason to believe that I am responsible for this debt, mail me the documents that make you believe that. Stop all other communication with me and with this address, and record that I dispute having any obligation for this debt. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ), also report that the debt is disputed. Furthermore, I see CFPB took action against Portfolio Recovery Associates, XXXX XXXX, and XXXX for violating the Fair Debt Collection Practices Act and the XXXX XXXX XXXX Reform and Consumer Protection Act. See attached. I believe Portfolio Associates has violated the Fair Debt Collection Practices Act and the XXXX XXXX XXXX Reform and Consumer Protection Act and have filed a formal complaint with Consumer Financial Protection Bureau XXXX
Company Response:
State: NM
Zip: 88201
Submitted Via: Web
Date Sent: 2022-08-10
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-09
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have sent in numerous of letters an FTC reports to this company regarding this fraudulent account that was opened in my name. This company has completely ignored my request to have this account removed or investigated properly. This account is hindering me from moving forward in my life. This matter needs to be addressed and fixed expeditiously!
Company Response:
State: MD
Zip: 21117
Submitted Via: Web
Date Sent: 2022-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-08
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: ORGINAL DEBTOR : XXXX XXXXXXXX BANK XXXX XXXX : PORTFOLIO RECOVERY ASSOSIATES, LLC Original problem- I paid XXXX XXXX Bank on time every month. I'm On SSI, so when i got paid 2 days early one month I paid COB 2 days early. They put that amount into the month prior. I tried to get them to shift the payment to The next billing period but they wouldn't. I didn't have any extra money to send to them so I Told them they aren't getting anymore out of me. Current problem - They sold my information to Portfolio Recovery Associate 's, LLC. Ever since then its several phone calls a day. One in which is an aggressive sounding voice message. Not only that but they never gave me a notice informing me of my RIGHTS to dispute nor a form to do so.
Company Response:
State: CA
Zip: 95843
Submitted Via: Web
Date Sent: 2022-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act Portfolio Recovery Associates Account # XXXX, 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 an account without my written instructions. This account has also been paid in full/settled for a lesser amount. I would like to have the account removed from my credit report.
Company Response:
State: VA
Zip: 232XX
Submitted Via: Web
Date Sent: 2022-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-07
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I've been getting several phone calls everyday by this company Portfolio Recovery to all the phone numbers I have as in work, emergency contact, home and alternative contacts. Myself and my emergency contact told them, to stop calling and that we're not even sure of what debt they're even talking about as I've had multiple XXXX XXXX accounts since and before XXXX but disputing it didn't do anything. I don't know what else to do. I have attached just a few of the calls to my main number.
Company Response:
State: VA
Zip: 22079
Submitted Via: Web
Date Sent: 2022-08-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-06
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: XXXX BANK sold my sensitive information to PORTFOLIO RECOVERY ASSOCIATES , LLC. They failed to validate the debt. I have been disputing this alleged debt. since last year. They have not let the credit mediums know that this alleged debt has been disputed. They harassed me by making my phone ring. They have used profane language threatening to take legal action.
Company Response:
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-08-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-05
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: I have filed a cease and desist against portfolio recovery associates for defaming my character on my consumer report. Cease and desist communication means communication across all mediums. My consumer report is a medium and your company communicating information about my debt is a violation of a cease and desist order. Also, your company claims I am a customer of yours. Please provide a copy of a certified letter that proves I received communication from your company within 5 days of your company reporting anything without my written consent or permission. Your purchasing of an account does not make me a customer of yours. That is a lie and a direct violation of my right to privacy. Failure to cease communication will result in legal action being taken.
Company Response:
State: NJ
Zip: 08075
Submitted Via: Web
Date Sent: 2022-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I do not own this debt and I never remember having this debt in my life! How could you report this on my credit report?!
Company Response:
State: PA
Zip: 19119
Submitted Via: Web
Date Sent: 2022-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Portfolio first contacted me in XX/XX/2021. I sent a letter to cease and desist communications until they validated the debt. They failed to do so and now the phone calls are back and was also threatened with harm.
Company Response:
State: FL
Zip: 32822
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: PORTFOLIO RECOVERY ASSOCIATES , LLC are indeed third-party debt collectors under the very definition of a third-party debt collector in accordance with 15 U.S. code 1692 ( A ) ( 6 ) and are subject to the civil liability within The Fair Debt Collection Practices Act. Lets be honest, if this debt was valid, you would not be sending me a collection letter assuming the debt was valid now, would they? Pursuant to 15 USC 1692c ( C ), PORTFOLIO RECOVERY ASSOCIATES , LLC is hereby on notice to cease & desist communication and collection activity immediately or I will take legal action under the FDCPA 15 USC 1692k ( a ) ( 1 ) ( A ) {$1000.00} US and I only need to show one violation to establish a FDCPA claim. See Ayala v. Dial Adjustment Bureau , Inc., Civil No. N-86-315 ( EEB ) ( D.Conn. XXXX XXXX, XXXX ) ; Riveria v. MAB Collections , Inc., 682 F. Supp. 174, 175-76 ( W.D.N.YXXXX PORTFOLIO RECOVERY ASSOCIATES , LLC gave no value to any security and have no attachment and enforceability of a secured interest in accordance with UCC 9 203 ( b ) ; PORTFOLIO RECOVERY ASSOCIATES , LLC have no original contract or promissory note ; you are no contract assignee holders in due course in accordance with UCC 3 302 . See Gearing v. Check Brokerage ; Corp Cacace v. Lucas, 775 F. Supp. 502, 505 ( D. Conn. XXXX ). FOR THE RECORD, Summary of accounts are not a valid claim to defame my character, if I am denied credit or employment based on third parties misleading representation and defaming negligence will be a cause of action. See United States Court of Appeals, Fifth Circuit, Case No. XXXX, John STEVENSON vs. TRW, XX/XX/XXXX. they have committed several federal violations against me, a private law abiding Federally Protected Consumer. Each violation is a statutory cost of {$1000.00} each, which does not include mv personal cost and fees which I determined for taking time to address these issues. Violations committed against me include but not limited to : Violated 15 USC 1692c ( a ) : Communication Without prior consent, expressed permission Violated 15 USC 1692c ( b ) ; Communication without prior consent, expressed permission Violated 15 USC 1692d ; Harass and oppressive use of intercourse about an alleged debt. Violated 15 USC 1692d ( 1 ) ; Attacking my reputation, accusing me of owing an alleged debt to you. Violated 15 USC 1692d ( 2 ) ; Use of obscene or profane language on my report ( saying I owe you a debt ) Violated 15 USC 1692e ; Using false, deceptive or misleading representations Violated 15 USC 1692e ( 2 ) ( A ) ; False representation of the character and amount of the alleged debt Violated 15 USC 1692e ( 2 ) ( B ) ; False representation of any service rendered or compensation Violated 15 USC 1692e ( 8 ) ; Communicating false information Violated 15 USC 1692e ( 9 ) ; Use/distribution of communication with authorization or approval Violated 15 USC 1692e ( 10 ) ; False Representation ( not a party to alleged debt by my consent ) Violated 15 USC 1692e ( 12 ) ; False representation/implication ( innocent purchasers for value ) Violated 15 USC 1692f ; Unfair Practices attempting to collect alleged debt. Violated 15 USC 1692f ( 1 ) ; Attempting to collect a debt unauthorized by an agreement between parties. Violated 15 USC 1692g ( a ) ( 4 ) Certifiable Validation and Verification of alleged debt ( s ) Violated 15 USC 1692j ( a, b ) ; Furnishing certain deceptive forms. ( You are not a party in the alleged debt ) IDENTITY theft ; obtaining personal identification information without prior consent and creating an account in my name without my knowledge. Invasion of Individual and Family Privacy. SOCIAL SECURITY FRAUD A Social Security Number ( SSN ) is used by employers and employees for the purpose of reporting individual employee earnings for tax purposes only. PORTFOLIO RECOVERY ASSOCIATES , LLC, DO NOT have my CONSENT to use my social security number for commercial gain acting as usufructuary of my services, they are committing fraud and Identity theft and I will contact the office of Inspector General SSA and file a report with the federal authorities. I demand they provide the following documents immediately if they continue to use the fiction name for their entitys personal commercial gain then ; Send a copy of their Commercial Bond and Oaths to do business in the State of CALIFORNIA ; provide name and address and phone number of the Underwriter of your bond ; provide name, address, and phone numbers of the owner ( s ) of PORTFOLIO RECOVERY ASSOCIATES , LLC ; Provide name, address and phone number of your insurance company. Furthermore, reporting false and misleading report to the three major credit bureaus and will constitute a violation of the FCRA Responsibilities of furnishers of information to consumer reporting agencies under 15 U.S. Code 1681s2 ( B ) ( i ) ( ii ) Re porting information after notice and confirmation of errors. Any more harassment from this company will be considered criminal extortion in accordance with 18 U.S. Code 875 ( d ) Extortion.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A