Date Received: 2022-07-21
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against Portfolio Recovery Associates , LLC, for committing identity theft. I have never given Portfolio Recovery Associates , LLC, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with Portfolio Recovery Associates , LLC and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XX/XX/2022, I have not received any documentary evidence, such as a trilateral contract, giving Portfolio Recovery Associates , LLC any right to collect on this alleged debt. I have never received any documentation requesting validation from Portfolio Recovery Associates , LLC, before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If Portfolio Recovery Associates LLC, can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until Portfolio Recovery Associates LLC, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and Portfolio Recovery Associates LLC, continues its collection efforts, I will file for litigation for actual damages caused and Portfolio Recovery Associates LLC, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: TX
Zip: 78753
Submitted Via: Web
Date Sent: 2022-07-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-21
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 sent XXXX, XXXX, XXXX, and Portfolio Recovery a validation of debt according to XXXX, I have already filed a complaint with CFPB on XX/XX/22 and sent letters requesting this debt buyer to validate all 8 of the accounts under my name. Portfolio only sent me statements and also a letter showing that they have purchased the charged off debt. I have proof of all statements that and letters that portfolio sent, but I can not attach to this website. I have submitted the law stating that Portfolio Recovery have no legal rights to report any debt on my credit report per CFPB subpart 2 regulation F 1006.34 ( b ) ( 2 ) ( i ) : 1006.34 Notice for validation of debts. ( i ) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor ; Official interpretation of Paragraph 34 ( b ) ( 3 ) ( i ). 1. Last statement date. Under 1006.34 ( b ) ( 3 ) ( i ), the last statement date is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor. For purposes of 1006.34 ( b ) ( 3 ) ( i ), the last statement may be provided by a creditor or a third party acting on the creditors behalf, including a creditors service provider. However, a statement or invoice provided by a debt collector is not a last statement for purposes of 1006.34 ( b ) ( 3 ) ( i ), unless the debt collector is also, a creditor. Per your law that you have written and stated on your website, Portfolio has not validated any of the alleged debt according to section 1006.34 ( b ) ( 2 ) ( i ). This company is also reporting inaccurate payments on my XXXX report, and I have pointed this information out to all XXXX of the credit reporting agencies, that fail to correct this ongoing issue. These companies and CRA 's are not following your rules and laws that have been put in place to protect the consumer! Why have laws, if you are not going to reinforce what you have in place? It's your law CFPB, why is it so hard for the consumer to win or get anything removed deleted if the Credit Reporting Agencies do not follow the laws? THE FAIR CREDIT REPORTING ACT Public Law 91-508 & Amendments Title VI : Provisions relating to credit reporting agencies 601. Short title This title may be cited as the Fair Credit Reporting Act. 602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( 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 title 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 title.
Company Response:
State: TX
Zip: 75071
Submitted Via: Web
Date Sent: 2022-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-20
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This company has constantly failed to provide proof of debt even after my attorney has requested it. I have also requested that they validate this debt and they have failed to do so. I have been suffering from the re aging of the debt which has been changed on my credit reports multiple times. They failed to respond to attorney letters sent out. I have proof which will be shown in this complaint. This company is very unfair and they have been committing fraud against consumers. As a consumer I requested to have this debt validated and all of the requests to no avail. In addition to my personal attempts to have this fraudulent company provide proof, My lawyer attempted on XX/XX/22 and again on XX/XX/22 to resolve this and the company is still violating my rights as a consumer. They have failed repeatedly to validate this debt within the 30days allowed by law and beyond.
Company Response:
State: DE
Zip: 19701
Submitted Via: Web
Date Sent: 2022-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On XX/XX/XXXX I returned a phone call because Id received a strange message from a number indicated as XXXX where an XXXX claiming to be from XXXX XXXX was calling to inform me that theres a docket number XXXX however not regarding where, what for, why just Id only be given two attempts to resolve so of course I wanted to know what was going on. I became sick from my nerves because of this message seeing as theyd called after hours and left this voicemail Id figured it was something I was missing I called that number back where no one not one would fully confirm to what establishment I was calling to. They transferred me to a male where he basically was trying to get me to agree to pay a debt thats way past Statued of limitations/time barred saying its for XXXX XXXX XXXXXXXX XXXX I dispute this claim seeing as hes mentioning under Florida law theres no Statued of limitations on this debt where I question him since Ive only returned to Florida after 20 years and only been back to the state not even 2 years and I havent had any affiliation with XXXX XXXX XXXX perhaps over a decade. He was telling me they were going to garnish my wages despite the fact that I disclosed Im disabled, on disability, not working and theres definitely a Statued of limitations here and he claims the case was opened in XXXX where again Ive not had ANY active account with them for a very long time so Hes talking over me, threats, trying to scare me and tries to say I knowingly wrote a bad check and I stopped him saying who writes checks anymore and again hes wrong this isnt a mediator this is a lying debt collector because all this is invalid. Hes reading me my social security number trying to get me to confirm my address here and old address trying to get me to pay or their coming for me and all of this is false. I know portfolio recovery services have been harassing me as well as Ive put in credit disputes indicating the same on Statued of limitations but its not been any XXXX XXXX XXXX on my reports so thats false information and scamming beside the fact these companies continue to harass me when Im not working, theres a Statued of limitations on them it has to be from XXXX any debts portfolio recovery wouldve purchased and with each dispute their marking it as new debt in my reports when it is NOT and I dont have ANY XXXX XXXX XXXXXXXX account in years years beside which Im income contingent, unemployed, disabled and their ruining my credit further Im trying to fix where not to XXXX XXXX XXXXXXXX or ANY old original debtor have I ever meaning NEVER have I given permission to sell my information to any third parties and all my secure information as in social security etc I want it to stop
Company Response:
State: FL
Zip: 32837
Submitted Via: Web
Date Sent: 2022-07-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-20
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: Portfolio Recovery LLC tried to sue when I have EXEMPTED INCOME after I had to go to the court house to show that after the fact the court dismissed in. The reporting of this debt has been on my credit report for over 3 years.
Company Response:
State: IL
Zip: 60102
Submitted Via: Web
Date Sent: 2022-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have tried numerous times to dispute a debt owed to XXXX XXXX by disputing with XXXX etc. I even told portfolio recovery this isnt mine. I called XXXX XXXX XX/XX/XXXX and told them that this was not mine and he said it looks like fraud. the charges are not anything I would make and I havent lived in XXXX since XXXX. My SSN has been stolen before that is why I have a identity theft number for every income tax I file with the IRS. I have lived in XXXX Florida since XXXX XXXX. In XXXX I was not traveling anyway due to covid and my job had restrictions on mileage. we couldnt even go XXXX miles from XXXX XXXX. This account is ID theft, even when I called to dispute it today he said I need a police report to dispute someone stealing my identity. this has messed up my credit.
Company Response:
State: FL
Zip: 322XX
Submitted Via: Web
Date Sent: 2022-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-19
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: This collection agency gave information to a family member that is not on the account in question. Also after I advised to stop calling me they continued to call in a harassingly manner sometime 5-6 times a day.
Company Response:
State: FL
Zip: 33971
Submitted Via: Web
Date Sent: 2022-07-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 15 U.S.C 1692C Without the prior consent of the consumer given directly to the debt collector or express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt
Company Response:
State: CA
Zip: 92804
Submitted Via: Web
Date Sent: 2022-07-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act, The list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Portfolio Recovery Assoc Acct # XXXX has violated my rights. Portfolio Recovery Assoc Acct # XXXX has violated my rights. Portfolio Recovery Assoc Acct # XXXX has violated my rights. XXXX XXXX XXXX Acct # 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 instruction. 15 U.S.C. 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information any other adverse items of information other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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. I am also asking for a copy of the original contract, payment history, proof of ownership of these accounts, and original creditor information.
Company Response:
State: CA
Zip: 932XX
Submitted Via: Web
Date Sent: 2022-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-16
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl, XXXX Portfolio Recovery Associates XXXX XXXX XXXX XXXX, VA XXXX Original Creditor : XXXX XXXX Bank Dear Sir or Madam : I am the victim of identity theft. I recently learned that someone used my personal information to open an account and make purchases with XXXX XXXX. This debt is not mine. In accordance with the Fair Debt Collection Practices Act, I request that you stop collection proceedings against me and cease communications with me about this debt, except to comply with section XXXX15 ( g ) ( 2 ) of the Fair Credit Reporting Act ( FCRA ), as described below. I further request, pursuant to section 615 ( g ) ( 1 ) of the FCRA, that you notify XXXX XXXX that the debt is the result of identity theft. I Never opened a credit card with XXXX XXXX, and never will. My personal information was used to obtain credit in my name, which I am not responsible for. An identity theft report will be included. Also a police report is in the process of being filed in regards to this matter. Enclosed is a copy of the Notice to Furnishers of Information issued by the Federal Trade Commission, which details your responsibilities under the FCRA as an information furnisher to credit reporting agencies. The Notice also specifies your responsibilities when a credit reporting agency notifies you under section 605B of the FCRA that information you provided to it may be the result of identity theft. Section 615 ( g ) ( 2 ) of the FCRA requires debt collectors to provide identity theft victims with documentation about an account if the victim asks for it. Please provide me with the following documents related to this account : 1. Application records or screen prints of Internet/phone applications 2. Statements or invoices 3. Payment/charge slips 4. Investigators summary 5. Delivery addresses 6. All records of phone numbers used to activate or access the account 7. Signatures on applications and accounts 8. Any other documents or records associated with the account Please send me a letter detailing the actions you have taken to : 1. notify the original creditor that the debt is the result of identity theft ; 2. stop collection proceedings against me ; 3. cease reporting this information to the credit reporting agencies ; 4. provide me with the information I am requesting ; and 5. take all actions required of you as a furnisher of information to credit reporting agencies. Thank you for your cooperation. Sincerely, XXXX XXXX Enclosures : I have attached to following documents FCRA 615 ( g ) ( 2 ) FCRA 605B FTC Notice to Furnishers of Information Identity theft Report Identity Theft Letter to debt collector Police Report ( Pending Deputy Signature )
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A