Date Received: 2023-06-24
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: Portfolio recovery associates is sueing me for money damages. XXXX, XXXX XXXX On XXXX. They are a collections company taking me to court in XXXX XXXX Tx. XXXX XXXX is the law firm that will attempt to serve.
Company Response:
State: TX
Zip: 75126
Submitted Via: Web
Date Sent: 2023-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Portfolio recovery is starting I owe them over {$2000.00} for a something back in XXXX, I have never heard of them before. I did not open an account or authorize an account to be opened with them. I asked for paperwork to be sent to my home that has my signature on it, they stated they cant do that. I disputed the account under fraud but they are still reporting it as open.
Company Response:
State: FL
Zip: 33811
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Portfolio Recovery Associates , LLC XXXX XXXX XXXX, XXXX XXXX XXXX XXXX VA To : The Office of Registered Agent for Portfolio Recovery Associates , LLC From : XXXX XXXX XXXX Regarding : Unauthorized Administration of the XXXX XXXX XXXX You will forthwith return and transmit your written evidences of your delegated authority to represent that you and XXXX XXXX XXXX XXXX are authorized to administrate ( acting trustee ) on my name, XXXX XXXX XXXX, together with a certified copies of signatures contract between you and XXXX 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 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 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. I also submitted this letter to the Consumer Financial Protection Bureau ( CFPB ), My State Attorney General Office and The Better Business Bureau. You have 15 days from the date of this letter to respond with all items requested or remove this item must be removed immediately or I will seek litigation for Monetary damages. Please remove all unauthorized, fraudulent accounts promptly within four business days of receipt pursuant to 15 USC 1681-c-2 & 12 CFR 1022, Regulation V, to prevent further legal proceedings. I have already contacted the respective companies as well and please be reminded, no consent is identity theft. Thank you! I swear under penalty of perjury that all of the above mentioned information is true and accurate. By : XXXX XXXX XXXX
Company Response:
State: MI
Zip: 482XX
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-24
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I have fallen under the FDCPA, FCRA, and Regulation V obligations that Portfolio Recovery Associates , LLC has criminally failed to adhere to. They took or threatened to take negative or legal action against me. Portfolio Recovery Associates Continues to make monthly negative reporting on my 3 Bureau reports thus poisoning my credit scores for a few years now. They have made false or misleading representations concerning the debt, and continue to attempt to collect on debt that was outside the statute of limitations and was time-barred debt without making required disclosures during their process. They have Violated : I. New Mexico Debt Collections Laws a. Statute of Limitations NMSA 1978 37-1-1 et seq. governs New Mexicos statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In New Mexico, the statute of limitations for open accounts is four years, while the statute of limitations for written contracts is six years. In New Mexico, if a creditor can provide a signed credit card agreement, the SIX YEAR statute of limitations applies. The cause of action accrues on the last item therein, which can either be the last payment made on the account or the last statement sent to the debtor. Once entered, a judgment is enforceable in New Mexico for fourteen years and can not be renewed.
Company Response:
State: NM
Zip: 874XX
Submitted Via: Web
Date Sent: 2023-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: I am writing to delete and remove the following accounts and information off of my consumer report. The accounts and information listed below should not be reported on to my consumer report. This is a direct violation of the FDCPA and FCRA and needs to be deleted and removed off of my consumer report immediately as it's violating several laws. Remove these accounts and information immediately!
Company Response:
State: TX
Zip: 75051
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Portfolio Recovery has been calling me multiple times a day for months straight now. They also contact me from several different numbers. They have called me at all hours of the day and night, as early as XXXX XXXX and as late as XXXX.
Company Response:
State: GA
Zip: 30115
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: XX/XX/2023. Portfolio Recovery called me at XXXX XXXX. I answered and stated do not KEEP HARASSING ME AT XXXX XXXX. I am asleep.. And they hung up without saying anything, because they know theyre breaking the law. Im incredibly frustrated bc I do not sleep well or enough, and its one of the worst things to do when Im recovering from XXXX, and a XXXX. Woke me up from sleep. This is the second day in a row they have called me between the hours of XXXX and XXXX. Yesterday XX/XX/2023 they called me at XXXXXXXX XXXX. Which I picked up and stated IT IS XXXX PLEASE DO NOT CALL ME AND HARASS ME AT XXXX XXXX XXXX XXXX. They hung up without saying anything. I have screenshots that show the calls time, and number- and this is not the first instance of this. Ive had at least 10 other calls over the last 6 months or year that have been in the hours before XXXX.
Company Response:
State: CA
Zip: 90005
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX XXXX states that I owe them {$2.00}, XXXX to a credit card that was open in XXXX. I have resolved the amount and it was closed on XXXX. The credit card hasn't been valid or shown on my credit report until recently. I have tried calling XXXX and also called the company that holds the account recently which is Portfolio Recovery. I have had a valid mailing address since the closing of the account ; Neither XXXX XXXX or Portfolio has contacted me until recently. To add to the matter, I have recently received a new XXXX XXXX card with no problem; please can you help me.
Company Response:
State: DC
Zip: 200XX
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I have ask this company for the original contract with the digital or written signature I have ask this company for copies of all the statements showing purchase. They only provide me one statement. I received a letter from this company showing XXXX bank name but without the signature from the bank I have a different acct number from XXXX credit and a different open date. This company has another acct number, another open date. Something here doesnt make sense. I need more information. They also sent me a permanent hardship form I sent to them and they have not reply on this. I know they send this form to get information is antrapment They are wasting their time because Im a XXXX person receiving XXXX
Company Response:
State: FL
Zip: 33604
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am in receipt of Portfolio Recovery Solutions letter informing me that they are handling the collection of the account # XXXX for {$400.00}. However, after reviewing my records, I am unable to find any documentation of any contractual relationship between Portfolio Recovery Solutions & myself, legally listing you/your company as a person/company entitled to enforce a commercial claim against me. I mailed & faxed a letter on XX/XX/2023 demanding verification and validation. This was a demand for proof of contract to substantiate Portfolio Recovery Solutions claim. I legally demanded you/your company to provide me with a certified copy of an original contract, BEARING MY WET SIGNATURE, specifically naming the above company as a person entitled to enforce a commercial claim against me. My legally demanded requested information was ignored ( although given 30 + days per the FCRPA ) and Portfolio Recovery Solutions continues to report this fraudulent and unverifiable item on my XXXX, XXXX and XXXX reports. Portfolio Recovery Solutions has yet to provide a underlying credit agreement, no proof of ownership and provided no legal basis to report " late payments '' or any information to consumer reporting agencies. As a ramification due to this fraudulent account, I was discriminated against & denied my right to be extended credit. Nevertheless, I have suffered emotional and mental stress because of this false and negative credit bureau reporting.
Company Response:
State: LA
Zip: 70043
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A