Date Received: 2023-12-26
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Company suing me, but I was NOT properly served by anyone. I found out about the case because I was receiving random letters in the mail from attorneys offering to help with the case. I've called the local courthouse to confirm everything.
Company Response:
State: FL
Zip: 32218
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This notice is to inform you that PORTFOLIO RECOV ASSOC has unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F that went into effect XX/XX/, PORTFOLIO RECOV ASSOC has violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. I sent them a Cease and Desist letter over a month ago and they are still calling and harassing me from a lot of different numbers throughout the day and evening. I do not know who they are. They have not provided any required documents or contract to prove that I owe them anything. This harassment needs to stop. They have no permissible purpose by law to contact third parties with my private or personal information
Company Response:
State: KY
Zip: 40272
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This notice is to inform you that PORTFOLIO RECOV ASSOC has unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F that went into effect XX/XX/2021, PORTFOLIO RECOV ASSOC has violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. I sent them a Cease and Desist letter over a month ago and they are still calling and harassing me from a lot of different numbers throughout the day and evening. I do not know who they are. They have not provided any required documents or contract to prove that I owe them anything. This harassment needs to stop. They have no permissible purpose by law to contact third parties with my private or personal information
Company Response:
State: KY
Zip: 40272
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: Father opened the account ending in XXXX and opened it without my knowledge or permission. I disputed the charge on my credit report and on XX/XX/2023 it was removed from XXXX and XXXX. Still showing up on new XXXX XXXXXXXX account
Company Response:
State: NC
Zip: 28152
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: XXXX XXXX XXXX XXXX va XXXX XXXX account XXXXXXXX XXXX Dear Creditor 's XXXX XXXX I am writing this letter to inform you of my intent to file suit against [ XXXX XXXX CAPITAL BANK ( USA ) NA ] for violations of the Fair Credit Reporting Act ( FCRA ), as outlined in the following sections : XXXX. 15 USC 1692b ( 2 ) : Prohibition on Communication with Third Parties XXXX. 15 USC 1692g ( a ) : Validation of Debts XXXX. 15 USC 1692c ( a ) : Communication in Connection with Debt Collection XXXX. 15 USC 1692d ( XXXX ) : Harassment or Abuse XXXX. 15 USC 1692 ( k ) : Civil Liability for Violations I assert that [ PORTFOLIO RECOVERY ] has failed to comply with the provisions of the FCRA in the following ways : NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT You are furnishing inaccurate and incorrect information to the consumer reporting agencies. 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 and house purposes. You and your inaccurate information have damaged my livelihood. 15 U.S. Code 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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 : ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Duty : a moral or legal obligation ; a responsibility. Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something. As defined by the IRS : Even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPOTED ON THE CONSURMER REPORT which in fact makes your reporting of this account inaccurate! By definition, The IRS clearly says a canceled or charge off is income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 says you are a furnisher of information to a consumer reporting agency. You ARE PROHIBITATED BY LAW to furnish inaccurate information. I demand you to cease and desist the reporting of incorrect/inaccurate information immediately. 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 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 : You are hereby put on notice that you are furnishing incorrect inaccurate information. The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1. The above paragraph is taken directly from the IRS 2021 publication. SEND ME MY FORM 1099-C that you should have sent to when you filed the account as a canceled debt. My address is listed below. 15 U.S. Code 1681 s-2 ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. In conclusion, I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report. XXXX HAD XXXX calendar days to DELETE THIS ACCOUT FROM MY CONSUMER REPORTS! DELETE PLEASE I wish to emphasize that these violations have caused me significant harm, impacting my rights and financial well-being. As a consumer, I am entitled to fair and accurate reporting, and your actions have fallen short of the standards set forth by the FCRA. To avoid legal action, I request that [ Creditor 's Name : __CAPITOL ONE_promptly takes the necessary corrective measures to remedy the violations and provide me with written confirmation of the steps taken. Please consider this letter as a final opportunity to rectify the situation amicably before I proceed with legal action. If I do not receive a satisfactory response within [ reasonable timeframe, e.g., 30 days from the date of this letter, I will have no choice but to pursue legal remedies available to me under the FCRA. I expect Creditor 's Name : to take this matter seriously and address the violations promptly. I trust that we can resolve this matter without the need for litigation. Sincerely, XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 33441
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: XXXX XXXX XXXX XXXX va XXXX XXXX account XXXXXXXX XXXX Dear Creditor 's PORTFOLIO RECOVERY, I am writing this letter to inform you of my intent to file suit against [ PORTFOLIO RECOVERY, XXXX XXXX XXXX XXXX XXXX XXXX ] for violations of the Fair Credit Reporting Act ( FCRA ), as outlined in the following sections : XXXX. 15 USC 1692b ( 2 ) : Prohibition on Communication with Third Parties XXXX. 15 USC 1692g ( a ) : Validation of Debts XXXX. 15 USC 1692c ( a ) : Communication in Connection with Debt Collection XXXX. 15 USC 1692d ( XXXX ) : Harassment or Abuse XXXX. 15 USC 1692 ( k ) : Civil Liability for Violations I assert that [ PORTFOLIO RECOVERY ] has failed to comply with the provisions of the FCRA in the following ways : NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT You are furnishing inaccurate and incorrect information to the consumer reporting agencies. 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 and house purposes. You and your inaccurate information have damaged my livelihood. 15 U.S. Code 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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 : ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Duty : a moral or legal obligation ; a responsibility. Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something. As defined by the IRS : Even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPOTED ON THE CONSURMER REPORT which in fact makes your reporting of this account inaccurate! By definition, The IRS clearly says a canceled or charge off is income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 says you are a furnisher of information to a consumer reporting agency. You ARE PROHIBITATED BY LAW to furnish inaccurate information. I demand you to cease and desist the reporting of incorrect/inaccurate information immediately. 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 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 : You are hereby put on notice that you are furnishing incorrect inaccurate information. The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in chapter XXXX. The above paragraph is taken directly from the IRS 2021 publication. SEND ME MY FORM 1099-C that you should have sent to when you filed the account as a canceled debt. My address is listed below. XXXX XXXX Code XXXX XXXX ( a ) Duty of furnishers of information to provide accurate information ( XXXX ) Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. In conclusion, I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report. XXXX HAD XXXX calendar days to DELETE THIS ACCOUT FROM MY CONSUMER REPORTS! DELETE PLEASE I wish to emphasize that these violations have caused me significant harm, impacting my rights and financial well-being. As a consumer, I am entitled to fair and accurate reporting, and your actions have fallen short of the standards set forth by the FCRA. To avoid legal action, I request that [ XXXX 's Name XXXX XXXX XXXXpromptly takes the necessary corrective measures to remedy the violations and provide me with written confirmation of the steps taken. Please consider this letter as a final opportunity to rectify the situation amicably before I proceed with legal action. If I do not receive a satisfactory response within [ reasonable timeframe, e.g., 30 days from the date of this letter, I will have no choice but to pursue legal remedies available to me under the FCRA. I expect Creditor 's Name : to take this matter seriously and address the violations promptly. I trust that we can resolve this matter without the need for litigation. Sincerely, XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 33441
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I opened a XXXX XXXX account in XXXX I know because I bought something for my truck and then it got repo and I have proof when it got repo and it's saying I opened it in XXXX there two other credit cards saying they opened in XXXX and they were opened in XXXX instead of being close to get off my credit it's saying it's only XXXX XXXX XXXX I dispute them and the creditors wrote a negative remarks under each report, and I keep calling them and I'm getting no response I don't to pay them if there the problem but I'm trying to buy a house for me and my kids so I need these issues solved to get off my credit report
Company Response:
State: RI
Zip: 028XX
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-24
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act. This creditor has violated my rights. Under 15 USC 1681 Sec. 602. I have the right to privacy. 15 USC 604 Sec. 2- A consumer reporting agency can not furnish an account without my written instructions. 15 USC 1666 ( b ) A creditor may not treat a payment on an open credit card account under an open and consumer credit plan as late for any purpose.
Company Response:
State: FL
Zip: 33067
Submitted Via: Web
Date Sent: 2023-12-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-23
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: PORTFOLIO RECOVERY ASSOCIATES CONTINUES TO ATTEMPT TO COLLECT DEBT THAT HAS BEEN CHARGED OFF. PORTFOLIO RECOVERY ASSOCIATES ADMITS TO BREAKING FEDERAL AND STATE TAX REGARDING CONCLUSIVE PRESUMPTION OF WORTHLESS DEBT '' ... PRA purchased the XXXXXXXX XXXX XXXX XXXX XXXX ), XXXX. XXXX XXXX XXXX ) XXXX credit card account ending in XXXX from XXXX XXXXXXXX, together with the right to receive payment of the balance due on the account, on or about XX/XX/XXXX, XXXX Business records provided to PRA XXXX XXXX XXXX at the time of our purchase verify that the account was opened on XX/XX/2018, for XXXX XXXX XXXX whose social security number ends in XXXX and that a balance of {$330.00} was due on the account at the time of PRAs purchase.
Company Response:
State: PR
Zip: 00610
Submitted Via: Web
Date Sent: 2023-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The company Portfolio Recovery Associates ( PRA ) is improperly, against FCRA statutes, reporting incomplete data to the national credit bureaus making it inaccurate. The company reports the account was opened on XXXX XXXX XXXX yet reports a " charge off '' for only 3 months in XXXX ( incomplete ). Furthermore, it does not report a date of first delinquency XXXX XXXX XXXX The company violates FCRA in the following ways : 1. PROBLEM : No credit payment history, making the report incomplete and inaccurate. FCRA VIOLATIONS : a. ) 611- " completeness or accuracy " b. ) 623 ( 2 ) ( B ) - " has furnished to a consumer reporting agency information that the person determines is NOT COMPLETE or ACCURATE '' c. ) 623 ( 5 ) XXXX XXXX " not later than 90 days. '' RESULT : Civil liability under FCRA 616 ( a ) " Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer ... .. '', 617 ( a ) " Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable ... .. '',
Company Response:
State: CA
Zip: 91791
Submitted Via: Web
Date Sent: 2023-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A