Date Received: 2022-02-25
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have 2 accounts with profolio recovery for the same balance thats been in dispute for over 7 months with is illegal. Its stating that I opened up a XXXX XXXX credit card in XXXX which I did not. I currently have a XXXX XXXX credit card for {$500.00} dollar which is in good standing and also 2 other accounts that also has been in dispute for over 7 months for XXXX XXXX and XXXX XXXX. Im in the process of trying to buy a house and these things are holding me back. Along with my ss # being compromised a few times along with an account being opened in my name.
Company Response:
State: PA
Zip: 19111
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: On XX/XX/2021 we were notified by Portfolio Recovery Associates , LLC of an alleged debt. We responded on XX/XX/2021 disputing the debt and requesting that documentation be provided to validate the debt. Rather than validating the debt, we instead continued to be contacted for purposes of collecting the debt, despite failing to validate it per our dispute request. On XX/XX/2021 after receiving another attempt to collect via mail I sent a second notice to Portfolio Recovery Associates , LLC reiterating our dispute of the debt and notifying them that they were now in clear violation of the Fair Debt Collection Practices Act by ignoring our request not to be contacted for purposes of collecting the debt until such a time they could validate it. After this second letter was sent, Portfolio Recovery Associates responded to the dispute by providing some of the documentation we requested to validate the debt and their legal ability to collect on it, but failed to provide satisfactory documentation to validate all of our concerns. Because of this I responded to them via mail on XX/XX/2021 requesting that they provide the additional documents that they had failed to provide and reiterated that we are still in dispute of the debt. Portfolio Recovery Associates responded to this request by re-sending the exact same documentation they had previously provided us while still failing to provide the other requested documents such as proof of their being licensed to collect debts in California and proceeded to threaten us with a lawsuit as a means of intimidation and to prevent having to provide the documentation we requested. Despite being in good faith negotiations regarding a disputed debt, we were concerned over this legal threat and decided to make a payment to Portfolio Recovery Associates as a delay tactic while we decided what to do about our legal dispute requests going ignored while simultaneously being threatened with legal action, despite remaining in ongoing good faith communication with Portfolio Recovery Associates. To our surprise, shortly after making this payment we received a lawsuit stipulation for settlement letter from Portfolio Recovery Associates indicating they had sued us despite not informing us that a lawsuit was being filed and despite the fact we were still in ongoing communication with them regarding a dispute that had not been settled. We have already suffered violations of the Fair Debt Collection Practices Act by Portfolio Recovery Associates , LLC from other debts that they ultimately were unable to verify and were written off. Due to this past history with Portfolio Recovery Associates we had every reason to be wary and demand documentation validating the debt as well as their legal ability to collect on any debt they could validate. The threatening and filing of lawsuit without notifying us while failing to provide all the requested documentation is exactly why they should be worried about a lawsuit. If they want a settlement, then we will offer on on our terms if they wish to avoid going to court to resolve the issue.
Company Response:
State: CA
Zip: 92026
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
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: The date of the credit opening is XXXX2020 in the amount of {$460.00}. I called Portfolio Recovery twice and disputed this 2 other times ( in total 4 times ) and they said that it's my debt. It definitely is not mine. I did not open this credit card.
Company Response:
State: PA
Zip: 183XX
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: XX/XX/2022, Portfolio Recovery. Provide your collection agency permit number for South Carolina.
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: Request : Cease and desist all communication XX/XX/2022 Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, Virginia XXXX Portfolio Recovery Associates, Portfolio recovery you are sending me documents that state this communication is from a debt collector but is not an attempt to collect a debt. I have received four letters as of XX/XX/2022. I have requested a cease and desist in the past. Once again I am asking you Portfolio Recovery to cease and desist all communication with me. I WILL NOT PAY THIS ALLEGED DEBT. DO NOT SEND ME ANY MORE LETTERS! The Fair Debt Collections Practice Act states congressional LAW. 15 U.S. Code 1692c - Communication in connection with debt collection. ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. I have attached the letters that I have received this month. If I receive any more letters I will notify the CFPB. This is harassment! 15 U.S. Code 1692d - Harassment or abuse 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 : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity.
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I'm making claim that Portfolio Recovery Associates in regards to alleged debt [ Account Number XXXX Balance : XXXX ] has violated my rights as a consumer and has failed to comply with provisions of the subchapter { 15 US Code 1692 }. And in { 15 US Code 1692 ( k ) } ( 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 person 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} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. So since I have been greatly injured and has cause me and family great harm ( in attached documents you can see violations and other forms of injury ) by law I that shown above I'm entitled to remedy so I demand that all information be removed from my credit file and all schedule fees due to me be paid in full. My invoice was enclosed in the affidavit I sent to them and it is attached as well. My Mailing information was also in affidavit so they can send payment.
Company Response:
State: FL
Zip: 33055
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Repeated call with no information from a company called Portfolio Recovery which I believe is a debt agency. Calls are from numbers which appear to local as they use our local area code. Always a different number. No identification info is given and no info re the debt. Constant calling.
Company Response:
State: RI
Zip: 02840
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/2022 XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX To Whom It May Concern : I am XXXX XXXX representing MYSELF and I am the consumer in fact and not a third party. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! Accounts Requiring Immediate Removal from All XXXX Credit Bureaus XXXX, XXXX and XXXX : Portfolio Recovery for a debt you claim I owe of {$460.00} that is reporting as a Collection/Charge Off Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX or XXXX ) this action may constitute fraud under both Federal and State Laws. Due to the fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of that Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character. If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated. If your office fails to respond to this validation request withing 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. CEASE AND DESIST Pursuant to 15 USC 1692c. ( c ) I am notifying you in writing that I refuse to pay this alleged debt, and I am demanding that you cease all forms of communication with me through any and all mediums. Pursuant to 15 USC 1692c. ( c ) ( 2 ) - I am invoking my specified remedy as a consumer, and the original creditor I am demanding al l of the following : Zero out the balance on this account. Grant me my title lien free. Pay the attached invoice and compensate me for every violation labeled in the attached exhibits. Deletion from all consumer reports. Best regards, XXXX XXXX Please provide the following information : 1. Name and address of alleged creditor. 2. Name on File of alleged debtor. 3. Alleged account # 4. Address on file for alleged debtor. 5. Alleged account # 6. Amount of alleged debt 7. Date ( this alleged debt became payable ). 8. Date of original charge or delinquency. 9. Was this debt assigned to a debt collector or purchased? 10. Amount paid if debt was purchased. 11. Commission for debt if collection efforts are successful. Please attach copies of the following : Agreement with your client that grants ____ ( Collection Agency Name ) the authority to collect this alleged debt. Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt Collector. Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. All Statements while this account was open. Have any insurance claims been made by any creditor regarding this account? Yes No Have any judgements been obtained by any creditor regarding this account? Yes No Please provide the name and address of the following bonding agent for ( Name of Debt Collector ), in case legal action becomes necessary : Authorized Signature of Creditor : __________________________ Date : ________________________________ You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. Your claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information.
Company Response:
State: MD
Zip: 20735
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against Portfolio Recovery for committing identity theft. I have never given Portfolio Recovery 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 legally refusing to pay this debt pursuant to 15 USC 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 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 continues its collection efforts, I will file for litigation for actual damages caused and Portfolio Recovery 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 if the documents herein and of this notice, you are hereby notified pursuant UCC 1-202f. Your prompt attention are both requested and required.
Company Response:
State: TX
Zip: 76137
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I don't owe anything to PORTFOLIO RECOV ASSOC with account number XXXX. They should have confirmed this from the Original Creditor XXXX XXXX XXXX XXXX XXXX. since I have made my payment to them. Investigate this account thoroughly and make the necessary correction or just remove the account automatically.
Company Response:
State: MI
Zip: 48075
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A