Date Received: 2023-10-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The main issue with what's going on with all these communications is I am being confused with that of my Dad due to us having the same name. First of all, it has been years since I had any credit cards. I had cancelled them all in the past when i was younger. I am getting notifications in the mail ever since i left My Dad 's house and his mail has been coming to my address for things that are not mine. His bank statements, his medical bills, and other forms of mail are coming to my house. I am getting mail from Portfolio Recovery Associates LLC for a debt that I'm pretty sure is nothing to due with me. I never had a XXXX credit card. I know that for a fact. This is becoming a nuisance now and needs to stop. I recently received a letter from them about a execution order toward a job i don't have anymore which is even funnier. They have the wrong person to begin with!!! Me and my dad have the exact same name and there has been alot of confusion with the identity between us both. It has become to a point where its seriously starting to effect my stability.
Company Response:
State: MA
Zip: 012XX
Submitted Via: Web
Date Sent: 2023-10-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Portfolio recovery llc has been posted to my credit for quite some time now. It shows it purchased an account from commenity Bank but I've never heard of that bank or recognize the debt. I've tried resolving it with them but get nowhere. I've requested proof of the debt but get nothing. I've disputed it with credit reporting companies but they just come back verified somehow? I want this removed because it's hurting my credit and it's not mine!!!
Company Response:
State: CA
Zip: 95835
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: Called me and threatened they were a police officer and they would take me to jail if I didnt pay and come to my work to XXXX me..this was Portfolio Recovery doing this
Company Response:
State: TX
Zip: 75098
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX has been posted to my credit for quite some time now. It shows it purchased an account from commenity Bank but I've never heard of that bank or recognize the debt. I've tried resolving it with them but get nowhere. I've requested proof of the debt but get nothing. I've disputed it with credit reporting companies but they just come back verified somehow? I want this removed because it's hurting my credit and it's not mine!!!
Company Response:
State: CA
Zip: 95835
Submitted Via: Web
Date Sent: 2023-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Sent XXXX verification letters to the debt collection agency requesting verification of debt. The debt has not been verified and is being reported to the credit agencies.
Company Response:
State: TX
Zip: 76548
Submitted Via: Web
Date Sent: 2023-10-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states : " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' 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. '' PORTFOLIO RECOVERY is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' PORTFOLIO RECOVERY the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, PORTFOLIO RECOVERY whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party - the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code $ 1681s-2 ( A ) ( 1 ) A states " A person shall not furnish an 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services "
Company Response:
State: FL
Zip: 33705
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-15
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I recieved a call today XXXX XX/XX/2023 at XXXX. I politely requested multiple times prior and attempted to make the request again that this company, portfolio recovery associates, not call me on XXXX, before XXXX or after XXXX. They have not followed this request, and this time the employee went further and began to mock my request, at one point telling me " well I do work on sunday '' and that he can't and won't take my request because I wouldn't answer his questions he was asking. I asked for his name and employee ID and I am faily sure he gave me a false name and ID the name and ID given was XXXX XXXX employee ID : XXXX.
Company Response:
State: MI
Zip: 487XX
Submitted Via: Web
Date Sent: 2023-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-15
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: This company is contacting me stating that I owe them money, the company is conducting soft and hard credit pulls, contacting me via phone and through postal mail. There is no debt owed. I do not know how the company received my personal information.
Company Response:
State: VA
Zip: 22030
Submitted Via: Web
Date Sent: 2023-10-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-15
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: Around the date of XX/XX/2023, I mailed off a Pre-Arbitration Demand for Settlement Offer letter because the debt collector Portfolio Recovery Associates , LLC sent me an untimely letter in connection with me filing a complaint against them initially. They ignored it. They sent in an untimely response through the CFPB back in XX/XX/2023 after I sent them a debt validation letter and after their 30 days demanded that they delete the account for failure to validate the debt. It wasn't until I submitted a complaint with the CFPB when they decided to respond which is a violation of the FDCPA for failing to validate the date in compliance with the law. Since there was no enforcement, they continued to report the debt on my credit report. I then eventually received a letter from them in the mail with a model form b1 form that was not in compliance with 12 CFR 1006.34c Regulation F. I received a letter with a balance and statements attached that shows an alleged debt, but still not validating the debt in compliance with the FDCPA. Upon reading the letter I noticed a few FDCPA violations including : 15 USC 1692f ( 8 ) for having symbols and names that indicate the collection of a debt, 15 USC 1692e ( a ) a balance that is alleged and not proven to belong to me, 15 USC 1692b ( 5 ) because my wife received the mail instead of me, and 15 USC 1692c ( a ) ( 1 ) because the time I received the letter was not an appropriate time which caused distress in my between my wife and I, and 15 USC 1692d ( 2 ) because they gave me a disclosure telling me that they were not attempting to collect a debt when in fact they were. They lied which also constitutes fraud and 15 USC 1692 1692j ( a ) for the furnishing of deceptive forms. I want the account deleted from all CRAs. They have performed unfair debt collection practices, and I am also seeking remedy for the distress and hardship they put me and my family through due to their lack of compliance and remedy for report the account on my credit report inaccurately ( 15 USC 1681s-2 ).
Company Response:
State: TN
Zip: 37130
Submitted Via: Web
Date Sent: 2023-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Portfolio Recovery Associates is reporting an account inaccurately to the Consumer Reporting Agencies.
Company Response:
State: TN
Zip: 37130
Submitted Via: Web
Date Sent: 2023-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A