Date Received: 2024-01-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Dear Consumer Financial Protection Bureau, I am writing to you today to urgently request your assistance in addressing a concerning issue regarding an inaccurate collection account on my credit report. Personal Information : XXXX XXXX XXXX or XXXX Nature of the Complaint : An inaccurate collection account from portfolio recovery asso. is currently appearing on my credit report without my consent or knowledge of any contract with this company. I have not authorized them to use my personal information or credit data in any way. Violations of the Fair Credit Reporting Act ( FCRA ) : This collection account directly violates several key provisions of the FCRA, including : Section 607 ( a ) ( 1 ) and ( 2 ) : Credit reporting agencies are required to ensure the accuracy, completeness, and timeliness of the information they report. Section 615 ( a ) ( 1 ) : No person may furnish inaccurate information to a credit reporting agency. Section 621 : Willful noncompliance with FCRA requirements can result in liability for actual damages or statutory damages of {$100.00} to {$1000.00}. Additional Legal Violations : Beyond the FCRA violations, I believe this collection account was fraudulently bought and sold, which constitutes a breach of : Fair Debt Collection Practices Act ( FDCPA ) : Prohibits the sale or purchase of illegitimate debts. Rosenthal Fair Debt Collection Practices Act ( RFDCPA ) : California law with similar protections against fraudulent debt practices. Federal Mail and Wire Fraud Laws ( 18 U.S.C. 1341 and 1343 ) : Prohibit deceptive or fraudulent activities. Demand for Action : I strongly urge the CFPB to take immediate action to : Investigate this matter thoroughly. Ensure the removal of the inaccurate collection account from my credit report. Hold any responsible parties accountable for their violations of the FCRA and other applicable laws. Provide appropriate compensation for the time and effort I have expended in disputing this inaccurate information. I am confident that the CFPB will take the necessary steps to protect my rights as a consumer and rectify this injustice. I look forward to your prompt response and resolution of this matter. Thank you for your time and attention to this urgent issue. Sincerely, XXXX XXXX
Company Response:
State: PA
Zip: 16601
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: This company has called my family and I nonstop and continues even when told not to contact us anymore. They have called my extended family and have called my parents old places of employment. These communication tactics are so unethical and have gotten to be so annoying. In 2020 I fell into financial ruin due to the pandemic and lockdowns. I was forced to move out of my parent 's house due to a domestic XXXX incident and have lost my job more than once and have received unemployment as well as government assistance. I was then forced to pick and choose the bills to pay with the highest priority. If I could pay my debts I would but I can't.
Company Response:
State: PA
Zip: 194XX
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: The collection agency has engaged in false misleading practices violating FDCPA 807, and providing misleading forms violating FDCPA 812.
Company Response:
State: NE
Zip: 687XX
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The account was open on XX/XX/year> with the amount of XXXX. I was not the one who open the account or used the credit line. I see a payment was paid but i never had made a payment on it any payment on it was not that of my own bank account.
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. Unknown account appears suspicious. Portfolio Recovery stole my identity. I never gave Portfolio Recovery permission to have my personal information which constitutes identity theft. This alleged account is deceptive and suspicious. No response has been provided. It has been over 30 days.
Company Response:
State: NY
Zip: 106XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: Portfolio Recovery is continuously contacting me at XXXX am. Which is a complete disturbance of my sleep! I have screenshots and have verified the number. This is harassment. I am wanting this complaint to serve as documentation as well as the company face the consequences for harassing consumers.
Company Response:
State: NC
Zip: 285XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-19
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I began receiving phone calls daily from PRA, however did not answer them. I looked at my credit report and it says it is in collection with PR for the amount of over XXXX. In short, In XXXX I consolidated my debts with a company called XXXX ( nightmare ). One of my accounts was XXXX XXXX of which is what PR is trying to collect on. I had approximately XXXX left to pay to them on this particular account, however, I had a family member pass away from XXXX and I backed out of the program due to various issues, and received several months later, a notice from XXXX XXXX saying that I owed approx XXXX. When I explained to them that I had been making payments through consolidation and only had approx XXXX left to pay, they indicated that since I backed out of the program, it is null and void. Then they upped it to the original debt amount, of over XXXX. I refused to pay it, they turned it over to PR, and now PR is attempting to collect. I can not get any resolution. I wrote the following letter ( below ) to PR, requesting quite a bit of information, sending it certified. They received it on XXXX XXXX XXXX and continued to call me a couple of times after they received the letter. yesterday I received a letter from them stating : In response to your dispute related to the above account PRA, LLC has enclosed additional documentation for your review. We have completed our investigation of your dispute concerning this account. PRA, LLC has obtained and reviewed the attached documents relating to this account which establishes its validity. The only attached document or information enclosed is one from XXXX dated XXXX stating : we are sending you notification that your account ending in XXXX with a balance of XXXX has been sold to PRA, LLC. They included the mailing address along with their payment information. That is it. I am not sure what I should do next. Please advise. My letter is below. Thank you, XXXX XXXX XX/XX/XXXX Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Re : Debt collection attempt XXXX Dear Portfolio Recovery Associates , LLC, This letter is being sent to you pursuant to the Fair Debt Collections Practices Act, 15 USC 1692g Sec. 809. I am responding to your contact about collecting a debt for {$5700.00}. You have called daily, leaving a voicemail on XX/XX/XXXX indicating that you are attempting to collect a debt. You violated the FDCPA Sec. 809 ( a ) by not providing the written notice specified in that section within five ( 5 ) days of your initial communication. I do not have any responsibility for the debt youre trying to collect. If you have good reason to believe that I am responsible for this debt, please mail me the documents that make you believe I am. Stop all other communication with me and with this address. If your offices continue to attempt communication, other than to validate the debt, it will be considered harassment and I will have no choice but to file suit. Please record that I dispute having any obligation for this debt. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ), also report that the debt is disputed. If you have good reason to believe that I am responsible for this debt, please mail me the following information : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. State the amount of the debt when you obtained it, and when that was. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If there have been any payments or other reductions from the original creditor, provide an itemization showing the dates and amount of each of them. If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explaining how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. Tell me when the creditor claims this debt became due and when it became delinquent. Identify the date of the last payment made on this account, including amount. Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. I would also like details about your authority to collect this debt. I would like more information about your firm before I discuss the alleged debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. This is not a refusal to pay. This is not a request for verification or proof of my mailing address, but a request for validation made pursuant to the FDCPA. If you have reported invalidated and inaccurate information to any of the three major Credit Bureaus XXXX XXXX, XXXX, or XXXX ), that action might constitute fraud and disparagement of credit under both Federal and State Laws. Accordingly, if any invalidated or inaccurate negative mark is found on any of my credit reports by you or the third parties that you represent, I demand you remove such negative marks. I will not hesitate in bringing legal action against you and your client for violation of the Fair Credit Reporting Act, violation of the FDCPA, and defamation of character. If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time collection activity must cease and desist. If I do not hear from you within thirty ( 30 ) days of the date of this letter, then this matter will be deemed closed. And 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. Thank you for your cooperation. Litigiously,
Company Response:
State: WY
Zip: 828XX
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-19
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: XXXX XXXXXXXX XXXX XXXX sent a negative balance to collections. I had paid off the card in XXXX of 2023 and it was left at - {$50.00}. They should have sent me an overage check. Instead they decided to add large amounts of fees and penalties bringing the total due back up to over {$850.00}. Within one week of my paying the entire balance off, it was sent to collections with their added fees. How can they charge over {$800.00} in fees after I paid it off and immediately send it to collections. I can not rent an apartment after leaving my abusive husband due to this and a couple other errors. He was in charge of bills and I couldn't open mail. He decided to stop paying. However XXXX of 2023 and again in XXXX of 2023 I paid off nearly every single debt. My score was XXXX and it has only risen XXXX points. XXXX reports incorrect and/or old information on top of the other issues. This is ridiculous. How can a person have half a year worth for upfront rent yet still be denied due to a XXXX credit score? How are people in abusive financial and emotionally coercive situations supposed to be able to successfully leave if the companies governing their ability to live report erroneous activities?
Company Response:
State: CA
Zip: 90038
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-19
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: My information was sold and bought illegally because I was a victim of the XXXX data breach. I want these items Deleted from my Credit Reports effective immediately. Im attaching proof that XXXX admitted that I was in fact a victim of this data breach and XXXX has done nothing. Please help me delete these illegal accounts from my Credit Reports. XXXX XXXX XXXXk acct # XXXX Portfolio RC accts # ending in XXXX and XXXX
Company Response:
State: NY
Zip: 10304
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have notified XXXX continuously about Identity Theft on my Credit Report. When I attempt to contact the Fraud department to have the matter resolved, they tell me they can't see the information and after 15 days I receive more dispute information from XXXX & creditors stating the information on my report is accurate when it is not. The fraudulent items are : Portfolio- {$450.00} Portfolio- {$690.00} XXXX XXXX XXXX XXXX {$1100.00} XXXX XXXX XXXX XXXX {$650.00} I submitted legal documents to XXXX XXXX XXXX XXXX on XX/XX/XXXX & XXXX with things that are fraudulent - XXXX Data Breach I continuously saw new items after hard work of removing negative items including the above negative items filed XXXX FTC Affidavit XXXX XXXXXXXX I submitted all the documentation required by law on the federal, state, and local levels with FTC Affidavit above to XXXX on XX/XX/XXXX, via postal service XXXX XXXX XXXX -- item number XXXX Tracking number - XXXX signed by XXXX XXXX Domestic Return Receipt I saw more information after XX/XX/XXXX submission and updated a new FTC report on XX/XX/XXXX FTC Affidavit XXXX and was faxed to the number the XXXX XXXX XXXX suggested I was federally awarded the settlement of my claim of fraudulent information on my credit report from the XXXX Data Breach on XX/XX/XXXX I faxed the award letter and Affidavits, a notice of identity personally notarized, a police report, a bank statement as proof of address, my driver 's license, social security number XXXX XXXX pages at the XXXX XXXX
Company Response:
State: TX
Zip: 76001
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A