Date Received: 2021-12-17
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: As a result of their unaudited practices ( nationwide ), Portfolio Recovery Associates LLC has filed and won ( mostly by default judgment ) hundreds of court cases here the South Texas region with the aid of XXXX XXXX XXXX XXXX, Texas. Soon, those judgments will materialize in garnishment of peoples income and/or a lien on their bank account - unbeknownst to them right now during a Pandemic.
Company Response:
State: TX
Zip: 78573
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I AM the consumer and I have not consented to, authorized, nor benefited from the following accounts or inquiry. Block and remove the following accounts from my consumer report as I have a right to privacy pursuant to 15 USC 1681 a ( 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. I the consumer did not obtain possession of goods, services, or money as a result of the blocked transaction or transactions I the consumer did not request this information to be blocked in error
Company Response:
State: TX
Zip: 75081
Submitted Via: Web
Date Sent: 2021-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Please be apprised that Portfolio Recovery/ XXXX XXXX XXXX XXXX XXXX XXXX are in direct violation of the Fair Debt Collections Practices Act. In my opinion you have violated my rights by : 1. Failing to validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) 2. Harassment of alleged debtor under the " abuse & harassment '' subsection of the statute, USC 1692 ( g ) Section 806 ( 5 ) On XX/XX/XXXX, I sent by certified mail ( receipt number : XXXX XXXX XXXX XXXX XXXX, a request for your office to provide me with proof and evidence of the debt you alleged I owed. Portfolio Recovery/ XXXX XXXX proceeded to completely ignore my validation & continue to report an unverified and disputable debt to the credit bureau causing damage to my character. You also failed to validate a debt at my request, which is a FDCPA violation and you continued to report a disputed debt to the Credit Bureaus : another FCRA violation. Everyone is entitled to a validation. In my certified letter that I sent on XX/XX/XXXX I kindly asked for : 1. What the money you say I owe is for 2. Explain and show me how you calculated what you say I owe ; 3. Provide me with copies of any papers that show I agreed to pay what you say I owe ; 4. Provide a verification or copy of any judgment if applicable ; 5. Identify the original creditor ; 6. Prove the Statute of Limitations has not expired on this account ; 7. Show me that you are licensed to collect in my state ; and 8. Provide me with your license numbers and Registered Agent. You may wish to familiarize yourself with what is required when validating a debt. Your business had more than enough time to perform a proper investigation, the 30day mark has come and gone therefore this unverifiable account should be removed from my credit report. There is no question that you willfully violated my rights and that I could bring charges against you immediately. However, I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself and your staff of such dangerous actions. XXXX I would also like to know why is there a Two-year payment history reporting for this account that is in collections, also why is the payment status reporting late 120 days? Both XXXX and XXXX re-aged this account, date opened was XXXX of XXXX, last payment XX/XX/XXXX & closed XX/XX/XXXX. XXXX reporting date opened XX/XX/XXXX, last payment is n/a & closed date XX/XX/XXXX. XXXX reporting date opened XX/XX/XXXX, last payment XX/XX/XXXX & date closed XX/XX/XXXX. This account was aged by 20 years by both XXXX XXXX XXXX & both bureaus are reporting false information on my credit report. You are in violation continuing to report. I will also be checking my credit report to see if you corrected the errors by simply removing this unverifiable account from my credit profile permanently from both bureaus. I must remind you again to not contact me in any way via phone or mail in reference to collecting If I receive anything other than absolute removal of the account from my report, I will assume you are harassing me, and I will take action against you for these continued violations and abuse. As you may be aware, " Estoppel by Silence '' legally means that you had a duty to speak but failed to do so therefore within the 30day period, that must mean you agree with me that this debt is false. I will use the Estoppel in my defense. Thank you for your time * In this complaint accompanies proof of my certified receipt, Validation and my credit report.
Company Response:
State: PA
Zip: 19111
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I, XXXX XXXX entered a consumer credit card transaction with XXXX XXXXXXXX and in XXXX sold my private information to Portfolio Recovery Associates LLC. Pursuant 15 USC 6802b XXXX XXXX never disclosed to me that I had the option to opt out of this transaction being reported. My social security number is an open-ended credit plan. Pursuant 15 USC 1692g I am the original creditor, natural person, private individual of this account. 15 USC 1602d the term " organization '' means corporation, government, governmental subdivision or agency, trust, estate, partnership, cooperative, or association, XXXX XXXX is a corporation. XXXX XXXX also reported this transaction to a consumer reporting agency which is a violation of 15 USC 1681. This credit arose from a credit card which is supposed to be excluded from my consumer report. My account was sold to a third party without my consent or my permission. As a natural person/ private individual, how can a corporation/ legal person sell or report my private information to a third party without my permission or my consent? Without my written permission it is Identity theft. Portfolio Recovery Association LLC has violated my rights as a Federally Protected Consumer. Several Federal laws under XXXX XXXX XXXX & XXXX XXXX XXXX have been violated and are noted in my Exhibits. I will also be reporting this identity theft to the FTC as well as the state attorney general 's office. Also, each violation is a fine {$1000.00}.
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
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: XXXX XXXX XXXX has failed to validate that this account is reporting maximum possible accuracy per the FCRA. I have initiated several attempts through the credit bureaus and collection agencies to have this account validated and has not received a response and I have reason to believe that reasonable procedures were not conducted on these accounts due to the current violations I have found as if relates to my credit profile and unverified accounts also XXXX is reporting the date of last activity as XX/XX/2021 XXXX is reporting XXXX It is a violation to re-age a collection account of FCRA 605C and This account have a balance but this account was already closed and also in collection/charge-off??? There's no way you can update an account that I have no recollection of even belonging to me. How can a disputed be resolved if the customer disagrees, who resolved the disputed account, no reasonable procedure was performed it is a violation to my rights to claim that an account has been resolved if I didnt resolve it and its still reporting inaccurately This company has violated FCRA 623 ( a ) b ) by failing to mark this disputed account as disputed ( letters attached to show when I disputed account below ) 605 ( c ) running if the period has also been violated as the date of last activity on this account is reporting. When it should reflect the last date a payment was made. This company has continuously failed to validate this collection account further violating FDCPA 809b per the FTC opinion
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: Threatened to contact someone or share information improperly
Subissue: Contacted you after you asked them to stop
Consumer Complaint: I spoke directly to Portfolio over the phone a couple of times, once to say there was no way I could pay them because Im on a fixed income from the government ( XXXX benefits ) and theyd alloyed my money and where most of it goes ( rent and groceries mainly ) I have specific amounts I have to pay out or I could lose my benefits! I explained this to them and asked them to STOP CALLING ME PERIOD, they assured me they would. But I keep getting letters with threatening language in them and harassing phone calls- Ive even had to go as far as changing my phone number! They are scary and disrespectful and disruptive not professional at all. I also never received written notification of the debt or how to dispute this debt, I didnt know that was something theyre supposed to do until I went to make this complaint!!! I have rights that protect me from this kind of abuse I think please help me! I cant eat or barely sleep with worry that theyre coming for me. I just want the harassment to end! Thank you so much for this opportunity to be heard. XXXX
Company Response:
State: GA
Zip: 317XX
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: I am very upset with this issue. I sent a letter to the Collections agency regarding inaccurate accounts on my report. It is now 45 days and I have not received a repsonse. I did my research and I am for sure that they have 30 days to reply back and they have not. I know that failure to respond is grounds for immediate removal.
Company Response:
State: LA
Zip: 70560
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Portfolio Recovery is attempting to collect a debt from XXXX bank for an auto shop credit card i paid off on XX/XX/2018, i never paid interest in this account, they gave 6 month deferred XXXX % interest, i paid off {$1700.00} then. I am being charged for pretty much the credit limit {$4700.00} out of {$5000.00} for a charge i never made nor i approved, the account was sold this debt collector, they have an open law suit and the constantly threatening and harassing. This charges are fraudulent, i had several XXXX bank accounts, i have bought furniture, mattresses, appliances, tires, repaired my car and even financed a motorcycle with XXXX bank, i never defaulted, had late payments and in most cases never paid interest. I opened a dispute on the credit bureaus and the agent suggested to open a dispute with the Federal Consumer protection as well. I hope i can find a resolution to this matter with using these tools and steps.
Company Response:
State: FL
Zip: 33186
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Portfolio Recovery Associates, LLC Corporate Services Company XXXX XXXX XXXX, XXXX XXXX, LA XXXX To : The Office of Registered Agent for Portfolio Recovery Associates, LLC From : XXXX XXXX Regarding : Unauthorized Administration of the XXXX XXXX My credit report shows a collection from your agency. I was never notified of this collection. Whats more, I do not believe this debt is accurate. Under the FAIR DEBT COLLECTION PRACTICES ACT, I have the right to request and receive validation of the debt. Therefore, please provide me with a copy of all the following : 1 ) An explanation of what this alleged account balance is for. 2 ) A calculation of this balance, including the complete payment history on this account, so I have proof that the amount is correct. 3 ) Documentation that shows I agreed to pay this debt with my signature. 4 ) The Agreement that grants you authority to collect on this alleged debt. 5 ) A copy of your state license, including license number that give you rights to collect in my state. You will forthwith return and transmit your written evidences of your delegated authority to represent that you and XXXX XXXX XXXX XXXX XXXX. is authorized to administrate ( acting trustee ) on the XXXX XXXX, together with a certified copies of signatures contract between you and XXXX XXXX, you and original creditor, bonds, original creditor Charge-off documents, sureties, indemnification, insurance and any Third Party Debt Collector Association Agreement passing XXXX XXXX private information to other members, possibly resulting in identity thief. Also, relating information to your personal and professional acts referenced above and your arrogated paperwork intrusion upon the XXXX XXXX. Courts require your contract for jurisdiction. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act. Also you have committed the following FDCPA Violations : 806. Harassment and abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts Stop contacting me about this or any other matter you have, except to provide me with accurate verification of this debt by U.S. mail only. I also submitted this letter to the Consumer Financial Protection Bureau ( CFPB ), My State Attorney General Office and XXXX XXXX XXXX XXXX to have confirmation of proof if you respond without the proper validation request or not in the 15 day timeframe you have. You have 15 days from the date of this letter to respond with all items requested or this is considered an insufficient validation response and this item must be removed immediately or I will seek litigation for Monetary damages. Consumer disputes this debt and ALL claims in accordance of 16 CRF 433.2, Title 15 USC 1692, Regulations Z, Regulations M and ALL applicable UCC Articles. If you lack understanding of this paperwork, forward to your ATTORNEY. By : XXXX XXXX
Company Response:
State: CA
Zip: 93534
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have reached out to Portfolio Recovery Associates LLC and requested information in which I have yet to receive a response. Portfolio Recovery Associates LLC is in violation of my rights as a federally protected consumer.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A