Date Received: 2023-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to address a concerning issue regarding my credit file. I have noticed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Additionally, I have serious doubts about the accuracy of the debt being claimed. Under the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Therefore, I kindly ask that you provide me with the necessary validation and take the necessary steps to resolve this matter.
Company Response:
State: GA
Zip: 304XX
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to address a concerning issue regarding my credit file. I have noticed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Additionally, I have serious doubts about the accuracy of the debt being claimed. Under the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Therefore, I kindly ask that you provide me with the necessary validation and take the necessary steps to resolve this matter.
Company Response:
State: FL
Zip: 33607
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I am writing in regard to an alleged account that originally reported as delinquent in XX/XX/2016. So allegedly the other account was reported delinquent in 2016 yet Portfolio Recovery is illegally reporting this debt and threatened to sue me having an illegal adverse effect on my name and background. The amount of threatening and harassing calls I receive from them is insane. Not only is it not my debt, but this is a really old debt per their records. Additionally, they are reporting to reporting agencies, consumer agencies and credit bureaus despite this illegal/erroneous debt being over 7 years delinquent. There seems to be on-going illegal patterns and practices and intentional systematic old debt collector activity that Portfolio Recovery Services engages in. They obtain erroneous/fake old debt list from creditors, change the date of delinquency or date of open of the debt then begin harassing and threatening consumers to pay. They have robo-calls call several times a day threatening to take legal action and harassing consumers. They illegally change the date on the debt so they can harass, threaten and attempt to collect for longer periods of time. This is illegal and they should be investigated for patterns and practices of abuse. FEDERAL VIOLATIONS The Federal Credit Reporting Act ( FCRA ) provides that adverse information can not be reported on a background check longer than 7 years from delinquency date, even when unethical debt purchasers purchase debts. Such purchasers of debts can not make up dates and start delinquency dates years from the original delinquency dates. Such debt collection practices are illegal and will be reported to Consumer Financial Protection Bureau ( CFPB ) for the agency to investigate patterns of illegal practices /class action litigation. They are violating my XXXX Rights by reporting erroneous, outdated adverse information on my background preventing me from obtaining employment. CALIFORNIA VIOLATIONS The new California Law requires that : All debt XXXX and debt buyers operating in California are required to apply for a license with the Department. A license is required to do operate, do business, and collect debt in the XXXX of California. The statute of limitations on debt in California is ( 4 ) four years, as stated in the state 's Code of Civil Procedure 337, with the clock starting to tick as soon as you miss a payment. They are trying to collect {$11000.00} of money not owed to them
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporing Act, Portfolio Recovery 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 a account without my written instructions. With regard to Portfolio Recovery, who is the collection agency responsible for an original debt owed to XXXX XXXX XXXX. First and foremost, Portfolio Recovery furnished my credit report to the credit bureaus for the purpose of investigating a dispute without my written instuctions which has violated both section 602 A and Section 604 A Section 2. Furthermore, the dates reported on my credit report are incorrect. The date the account is listed to have been opened is fraudulently reported. I have disputed this information with Portfolio Recovery in an attempt to rectify the incorrect dates appropriately, however, Portfolio Recovery continues to knowingly report false information on my credit report. Some versions of my credit report depict different account information than other version of my credit report reporting on this same account, a clear and obvious depiction that Portfolio Recovery is reporting incorrect information as Portfolio Recovery, themselves, can not even keep the information straight.
Company Response:
State: TX
Zip: 765XX
Submitted Via: Web
Date Sent: 2023-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This account is reflecting on my credit report and is a result of my identity being compromised and used in multiple data breaches. It is also a charge off and the reporting agency has violated my rights per the consumer credit/finance laws.
Company Response:
State: GA
Zip: 30013
Submitted Via: Web
Date Sent: 2023-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Collector on the phone stated my debt was being reviewed by their lawyer/law department. This debt is a credit card debt over 3 years, its at least 7 years and in NY state you can not sue for a debt over 3 years old
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Portfolio Recovery is trying to sue me and using illegal tactics and false representations. Case number XXXX in Maryland XXXX XXXX XXXX XXXX XXXX. They claimed I was evading service and were granted a motion for XXXX XXXX on XX/XX/XXXX. I was not evading anything. Then on XX/XX/XXXX requested a summos renewal after it expired because they failed to even try to serve alternatively. Then on XX/XX/XXXX they claim I signed the service and they filed with the court which was completely untrue. Portfolio Recovery calls me all the time from strange different phone numbers. I found out the CFPB took action against Portfolio Recovery in XX/XX/XXXX for violating practices and illegal debt collections. Although my court case is still open I have been a victim of these unfair practices and want to hold them accountable. Why on earth would I allegedly " evade '' service for 3 years then randomly " sign off '' on the service? I was home that day and no one ever came or dropped anything off, they literally forged my signature and swore under oath it was valid.
Company Response:
State: MD
Zip: 20874
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal house purposes, and is cause actual damages. According to FDCPA 1006.30A/New Rule REGULATION F and its new rule by parking this alleged debt on my consumer reports. I am reaching out to XXXX in regards to this account and I am receiving vague communication and was emailed a letter on XX/XX/2023 stating they received information that " We received a recent request regarding your credit information that does not appear to have been sent directly by you or to be authorized by you. As a precautionary measure, we have not taken any action on your alleged request. This letter is in response to your recent claim that Portfolio Account # : XXXX / PORTFOLIO RC Account # : XXXX has verified that the account they are reporting under my name is accurate. I noticed on my Consumer Report that this company is reporting this account TWICE under two different names, one is named Portfolio and the other is called Portfolio RC. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.
Company Response:
State: VA
Zip: 23434
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Previously disputed account through CFPB reference # XXXX and CFPB reference # XXXX different occasions regarding same account and results came back with exactly same answer. Account is inaccurate and has not been verified with my signature on it. I do not recall having account open and account continues reporting on credit report. Account still reporting open b y XXXX while in collection by XXXX date closed is missing by both bureaus and date last verified is missing by XXXX. Stating dispute resolve! Results on CFPB states account shows no record of being disputed. This is false account has been disputed. Enough time has been given and still reporting inaccurate.
Company Response:
State: IA
Zip: 50320
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
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 started disputing accuracy of the accounts with the collection agency 's for one whole year now, I ask why they are inaccurately reporting this charged off a account with a monthly balance for the past couple of years, this is a violation per the FCRA section 623 section 5. Furnishers must only notify the credit reporting agencies the date, month and year when the account was marked as a charge off. Additionally I keep asking them to validate the alleged debt. They just keep on sending itemization of charge which is not debt validation. I ask them for proof of the initial contract and or my wet signature. they have failed several times. The is affecting my credit worthiness and i demand this to be removed from my credit report immediately.
Company Response:
State: CA
Zip: 93309
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A