Date Received: 2024-01-11
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Portfolio Recovery obtained a judgement for a debt I do not believe is mine in XXXX of XXXX. They have the last name XXXX on the debt, that was a former name from a prior marriage. They did so without ever notifying me they were suing. I have worked for the same employer from XXXX to present. Portfolio has sent several communications to my employer in XXXX demanding my wages be garnished pending suit for garnishment, copies of which I now have. I contacted Portfolio in XXXX, upon receipt of the copies provided to me by my employer. I was told the debt was for a XXXX XXXX credit card. I explained I have a XXXX XXXX credit card in good standing and I use it often, I told them I didn't believe the debt was valid. I drafted a letter asking for proof of debt and sent it with tracking on XX/XX/XXXXXXXX to two addresses. XXXX to XXXX XXXX XXXX, XXXX VA and XXXX to XXXX XXXX XXXX, XXXX VA because one address was on the correspondence I have but the representative I spoke with gave me a different address, which I repeated back to him and he verified. To ensure it was received by them, I sent it to both addresses. Portfolio received the letter requesting proof of debt, but never responded. I didn't receive proof of debt. Today, I received a copy of another attempt to collect that was sent to my employer 's attorney. It is my understanding that if I dispute the debt, they must provide proof of debt and until they do, must stop attempting to collect the debt. My employer has been notified now twice and it is not just frustrating but also embarrassing. I believe they are purposefully trying to aggravate the situation. I am preparing to send a response to them that I intend to mail with tracking tomorrow. In it, I advise them I am making a complaint to you. I think this debt may belong to my former spouse from a debt claim that occurred before I married him. We have since divorced. I can not verify this because Portfolio Recovery Associates , LLC, has not provided me with proof of debt.
Company Response:
State: FL
Zip: 33578
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: My bank accounts had holds placed on them for XXXX from Portfolio Recovery Associates. Cause # XXXX for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Tx XXXX XXXX XXXX. The name on the account was XXXX XXXX not sure what the account may have been for but whatever they think it was for was old because I have my married name still XXXX XXXX since XXXX
Company Response:
State: TX
Zip: 77407
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Per 15 USC 1681 ( c ) ( 2 ), BLOCK OF INFORMATION RESULTING FROM IDENTITY THEFT - Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. Unfortunately, my personal identifiable information was compromised and used to open a fraudulent credit card account. I was a victim of Identity Theft. I am attaching my FTC Identity Theft Report # XXXX to have this account removed from my credit file by this Creditor. Also, There are 2 addresses on my credit file that I do not recognize and they need to removed too. ( XXXX XXXX XXXX XXXX XXXX, MD XXXX and XXXXXXXX XXXX XXXX XXXX MD ) These accounts need to be removed immediately.
Company Response:
State: MD
Zip: 20747
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Continuous phone calls and now debt going up. Keep calling off different numbers at least 2-3x / day
Company Response:
State: TX
Zip: 787XX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: The account in question is listed as a charge-off. Charge-offs are considered Certificates of Indebtedness pursuant to IRS Publication 4681 ( 1. ) Canceled Debts, which means it is income and must be removed as income can not be reported in a consumer report, especially when the income reported does not belong to me as the consumer. Pursuant to the Fair Credit Reporting Act ( FCRA ) as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal and non-verbal pursuant to 15 U.S. Code 6801 6805 concerning this account specifically, effective immediately and indefinitely. In addition to said legal authority, this entity has failed to comply with 16 CFR 313.4 313.9 and is currently in violation of said legal authority. Ive attached a copy of the Privacy Act of 1974 to clarify any confusion as to my rights as a federally protected consumer concerning this matter. I am also prepared in addition to enforcement warranted by the CFPB, to file suit in the proper jurisdiction to enforce my rights where this complaint will serve as evidentiary documentation.
Company Response:
State: FL
Zip: 32773
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Portfolio Recovery Associates , LLC. In over two year has never provide any proof on account XXXX showing that any charges where ever made on this account. Over four times information was requested from then under the FTC guild lines for ID theft. Portfolio Recovery Associates , LLC has sent back information on an account ending in XXXX that was paid off in full on XX/XX/2018. Portfolio Recovery Associates , LLC. Was sent copies of the letter to XXXX XXXX showing this account XXXX was paid off in full. Portfolio Recovery Associates , LLC was also sent a copy of the letter asking XXXX XXXX for information as to why charges where made on account XXXX after it was paid off in full. The last two request from Portfolio Recovery Associates , LLC one is now over 60 days old the last one is now over 30 days old with no response. Portfolio Recovery Associates , LLC. Was also sent information showing that XXXX, XXXX XXXX, XXXX and XXXX all had data breach in XXXX, that credit card inforamtion was taken. XXXX XXXX is the holder of these credit card for these companies.
Company Response:
State: WI
Zip: 544XX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This company " portfollio recovery '' has added a debt to my account. It is already on my credit report under a different collection company. This is a duplicate. This has to be illegal.
Company Response:
State: IL
Zip: 605XX
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Portfolio Recovery Association, LLC put this account into collections. Before they did, I explained it wasn't mine. I have other XXXX accounts, but this is not mine, Spoke to XXXX at Portfolio and was told I could pay@XXXX doesn't matter that this is not mine, under my social. This had come up before, approximately 6 to 7 years ago, I proved it wasn't mine. This was taken off. Now it has reappeared through Portfolio. I told them I could prove it's not mine. she said it was under my social, and that I was responsible. I would like to see the original application, and the original invoice, and what social was it under?
Company Response:
State: NY
Zip: 11710
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/, I attended a Small Claims lawsuit hearing brought against me by Portfolio Recovery Associates LLC, represented by XXXX XXXX XXXX. In the Small Claims document it states that I owe {$810.00} and this is a different amount from what PRA said I owe previously. In addition, I am concerned because the telephone number on the Small Claims document is not mine. It is an Iowa number and I have never lived in Iowa. I asked that PRA verify this and provide proof that this was my phone number. I asked that he have PRA present ALL documents related to the debt PRA says I owe that is, proof that PRA indeed owns the debt and showing that the debt is mine and that I formally deny that the debt is mine. PRA can not demand payment for a debt they can't prove they own. He said XXXX XXXX would me validation of debt package ( XXXX ). In addition, I am XXXX XXXX XXXX, XXXX and my only income my Social Security monthly benefit. Since XXXX I have only received 2 hardship documents asking me to sign them and send back. Why 2 of the same forms dated 1 week apart? their record keeping is suspect in my opinion. I believe PRA does own all the documents pertaining to this debt they claim that I owe. My XXXX credit report does not show a last date of payment which would invoke Massachusetts XXXX of 6 years. I have all cancelled checks and originals bills in my possession. Something is awry here!
Company Response:
State: MA
Zip: 02745
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am expressing my serious concerns regarding the unauthorized access to my personal information and the reporting of information to credit bureaus by your Portfolio Recovery and XXXX XXXX XXXX. After a thorough examination, I am not aware of any contractual relationship or agreement that would authorize these agencies to handle my personal information or report any details about my financial obligations. I understand these companies may be engaged in debt collection activities ; however, it is imperative to emphasize that the absence of a contractual relationship between me and you raises questions about the legality and validity of their actions. As a consumer, I have not entered into any agreement or contract with either agency that permits the collection of my data or authorizes the reporting of such information to credit reporting agencies. According to the Fair Credit Reporting Act ( FCRA ), consumers have the right to accurate and fair credit reporting, and any information reported must be substantiated and legally permissible. I am concerned that the reported information may be I kindly request that they provide written documentation establishing the legal basis for their collection efforts, which they failed to produce, and the reporting of information to credit bureaus concerning my account. Additionally, please provide any relevant contracts or agreements that authorize your agency to handle my personal information and report on my credit. accurate, incomplete, or reported without proper authorization. Until such time that proper authorization and documentation are provided, I insist that they cease all collection activities related to my account and remove any reported information from my credit report. Failure to provide the requested documentation within [ reasonable timeframe, 15 days ] will compel me to escalate this matter to the appropriate regulatory authorities and pursue legal remedies available to me under applicable laws.
Company Response:
State: GA
Zip: 314XX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A