Date Received: 2023-09-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: In XXXX I begin receiving notices that an account of mine had been sent to a debt collection company. I learned it spawned from a XXXX account I had reported to have had fraudulent activity back in XXXX. After reporting the fraud in XXXX, I thought that particular account was closed, being that I had a new XXXX account issued to me back then and have used it with no problem for years. I do not think XXXX would have allowed me to open and use a new account if I somehow owed them on a previous account. But the debt collection company Portfolio Recovery began and continued to pursue me for the debt they claim they bought from XXXX. I contacted XXXX they had no record of that account anymore but the customer service rep did not inform me if that was due to it being closed because of fraud or if they had sold it as a debt to this company. I filed several affidavits to Portfolio Recovery explaining the debt spawned from an account I reported to have fraudulent activity on and each time the affidavits were ignored. I even listed who was responsible for the fraud, which is an individual who has prior arrested for credit card fraud and identity theft charges. Portfolio Recovery continued to pursue me and I received a court summons. At the court date, I went before a judge and a representative from Portfolio Recovery and explained the situation. By this time 5 years had gone by and my credit score had been destroyed over this situation. In order to make it go away, so my credit score would improve I agreed to be put on a payment plan in return the debt would be wiped off my credit history apon completion of payments. They agreed. I was contacted by Portfolio Recovery the following day and given instructions for how to pay. The next month I went to create an account to begin making payments and in order to do that, needed information I did not have, like my account number Portfolio Recovery was suppose to give me. I attempted to contact Portfolio Recovery and left messages and sent emails never getting a response. I contacted the clerk of court in the county our court case had been in and explained the situation. She said she couldn't be of assistance but explained to me this was a tactic this company uses to in order to be able to garnish your wages later down the road instead of wait out the years of payments. I continued to contact Portfolio Recovery and received a message back that now in order to make payments I had to do it through an attorneys office. I contacted the attorneys office that represented Portfolio Recovery, received an automatic message on a voicemail about needing my parties extention number or my account number to make payments. I don't have any account number, thats the whole reason I couldn't login to start in the first place. A year goes by and I have had no communication, no notice of any further court dates, I've heard nothing from them.
Company Response:
State: GA
Zip: 30043
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring attention to a concerning matter concerning my credit file. I have observed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Furthermore, I hold serious doubts about the accuracy of the debt being claimed. As per the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Thus, I kindly request that you provide me with the required validation and take appropriate actions to address this issue.
Company Response:
State: FL
Zip: 33607
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Portfolio recovery associate is suing me for a debt of XXXX I never had a credit limit over XXXX $ on this account an was paid I don't understand why I am being sued over this. I had less then 30 days from when I was served to a court day.
Company Response:
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-28
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XX/XX/XXXX at XXXX I called portfolio recovery inquiring about why they had put in unauthorized inquiries on my XXXX credit report for the dates of XX/XX/XXXX and XX/XX/XXXX. I saw these under the account review inquiries subsection after I requested and downloaded a full report. After these unauthorized inquires there were several other unauthorized inquires from various companies that I do not recognize. I also noticed 5 phone numbers that are not associated with me or the only state Ive ever lived in, in any way. I was transferred a few times and then essentially told that they have no record of this and all they can do is file an internal complaint, which does not include me in the process or the outcome of the investigation. I was told that if their investigation leads to information they will contact me, which assumes the company is willing to admit illegal activity and thats highly unlikely. Especially since they were just sued by the CFPB in May for similar illegal practices. I made it clear that thats not a very honest system, and that I was unhappy with their process. It was confirmed to me that portfolio recovery stopped reporting an alleged collection account on my credit report as a debt collector in XXXX, and they stated multiple times, unprompted, that they would not sue me for the amount that was supposedly due. This reassured me that they had absolutely no account associated with my credit report, therefore absolutely no reason to be anywhere near my credit report. I made it very clear that these are two completely separate issues, and that they never did have or would have my authorization to put in inquirie on my credit. I advised that I would be taking my own path of resolution since theirs was less than adequate. I feel extremely violated and I worry there are also many others who this also has been happening to and they have no idea about it.
Company Response:
State: PA
Zip: 193XX
Submitted Via: Web
Date Sent: 2023-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I am in the process of trying to purchase a home. I was unaware of a fraudulent debt on my account, until I was declined by the bank for a home loan. I have never received any notification of a debt, notification of right to dispute within XXXX XXXX, or any verification of these alleged debts from Portfolio Recovery which is a violation of FDCPA. Portfolio Recovery has destroyed my credit, without notifying me of the same, for accounts that I do not owe. I do not owe Portfolio Recovery, nor any party that Portfolio Recovery claims to represent. This is the last thing a consumer should have to be facing, especially in unprecedented times, such as these. I demand that Portfolio Recovery remove this fraudulent debt from my credit report or I will sue, and seek the maximum compensation available under the law.
Company Response:
State: VA
Zip: 23321
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Portfolio Recovery continues ( for the last two years ) to practice unethical and illegal debt collection practices. This is occurring after they have already been ordered by the cfpb to stop with their illegal behavior, cease collections and refund consumers affected. A link to the CFPB enforcement order is below. https : //www.consumerfinance.gov/about-us/newsroom/cfpb-orders-portfolio-recovery-associates-to-pay-more-than-24-million-illegal-debt-collection-practices-reporting-violations/
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am the author of this complaint and I have attached a copy of my driver 's license, social security card, and an identity theft report to this complaint. I contacted Portfolio Recovery Associates about an account that they are reporting to my credit report. They are reporting the account fraudulently and without my authorization and consent. They claim that I owe them balances on debt accounts but they have not provided VALIDATION that a contract exists between myself and Portfolio Recovery Associates. If no contractual obligation exists between us then how could I legitimately owe them for any debt? XXXX XXXX claims to have purchased the debt from XXXX Bank but my contract was between myself and XXXX Bank, who I am in the process of entering into arbitration with. If Portfolio Recovery Associates continues furnishing, reporting, and making attempts to collect debt that does not belong to me then I will have to include them in an arbitration claim for violation of the FCRA, FDCPA, and for aggravated identity theft. Please see Portfolio Recovery Associates info in identity theft report attached
Company Response:
State: GA
Zip: 31093
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Repeated calls with the caller ID Portfolio Recovery, a known predatory debt collector. This company calls from several different numbers, I have blocked them all but they don't stop. I do not owe any debts to these people. The latest number they called from just a few minutes ago was XXXX
Company Response:
State: ID
Zip: 83686
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I entered into a settlement agreement with XXXX XXXX XXXX Credit Card in XX/XX/2020 for {$4400.00}. The payment was processed the first week of XX/XX/2020. I then received a letter stating that the account was paid off as agreed and the account was closed. Then earlier this year I was contacted by Portfolio Recovery collection agency saying that I owed them for the unpaid XXXX account. I disputed it and sent them proof that it was paid, but they are refusing to close the case. They have called repeatedly and sent a letter threatening legal action for a debt that was paid 3 years ago.
Company Response:
State: TX
Zip: 767XX
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Portfolio Recover Associates is attempting to collect a debt that is not owed. The debt has been discharged and under federal law PRA is no longer allowed to collect said debt from me and reporting this debt is not considered illegal. Failure to remove this debt from my report will immediately result in a lawsuit against you. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
Company Response:
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A