Date Received: 2023-09-09
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX allowed someone to open accounts in my name when i was in high school and I had no knowledge until i checked my credit because i want to make a auto purchase. And now my account is in collection and I need it remove as soon as possible because im not responsible for such a bill.Why do a XXXX XXXX XXXX XXXX XXXX XXXX need a card to XXXX and XXXX XXXX when i live with my parents. Send me documents that show i opened the account not a copy of a bill because that isn't proof. XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 33351
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I repeatedly get calls from this company, which uses several numbers, and I have repeatedly informed them that nobody by the name they are looking for is associated with my number. They still keep calling. Last call was at XXXX this morning.
Company Response:
State: NY
Zip: 142XX
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Portfolio Recovery Services has been reporting a debt of {$400.00} to XXXX for several months. This company refuses to provide any information and is clearing using debt parking which is a violation under FDCPA and FCRA laws. This is causing extreme financial problems for me.
Company Response:
State: MD
Zip: 21801
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Portfolio Recovery is a third party debt collector and has no right to collect the alleged debt amount. Transfer of a contract to a third party does not grant rights to collect. Portfolio has not validated this alleged debt as belonging to me and furthermore, has no right to collect. Enforcing said rights would be securties fraud has being the holder in due course with the only LAWFUL signee, I do not give any permission for Portfolio Recovery to handle my security ( contract ). 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee. 18 U.S. Code 1348 - Securities and commodities fraud Whoever knowingly executes, or attempts to execute, a scheme or artifice ( 1 ) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ( d ) ) ; or ( 2 ) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ( d ) ) ; shall be fined under this title, or imprisoned not more than 25 years, or both.
Company Response:
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. I did not give this company my information nor authorization to use my information. The following are the federal laws that they broke. 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee 1006.34 Notice for validation of debts. ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information. ( XXXX ) Debt collector communication disclosure. The statement required by 1006.18 ( e ). ( XXXX ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumer 's name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( XXXX ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt. 1006.14 Harassing, oppressive, or abusive conduct. ( a ) In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( h ) of this section. ( b ) Repeated or continuous telephone calls or telephone conversations ( 1 ) In general. In connection with the collection of a debt, a debt collector must not place telephone calls or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 1006.18 False, deceptive, or misleading representations or means. ( a ) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section. ( b ) False, deceptive, or misleading representations. ( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. ( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ). ( iii ) Any individual is an attorney or that any communication is from an attorney. ( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer. ( v ) A sale, referral, or other transfer of any interest in a debt causes or will 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 part. ( vi ) Accounts have been turned over to innocent purchasers for value. ( vii ) Documents are legal process. ( viii ) Documents are not legal process forms or do not require action by the consumer. ( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt. ( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. 1006.22 Unfair or unconscionable means. ( a ) In general. A debt collector must not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( f ) of this section. ( b ) Collection of unauthorized amounts. A debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. For purposes of this paragraph, the term any amount includes any interest, fee, charge, or expense incidental to the principal obligation. 1006.30 Other prohibited practices. ( a ) Required actions prior to furnishing information ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ), information about a debt before the debt collector : ( i ) Speaks to the consumer about the debt in person or by telephone ; or ( ii ) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph ( a ) ( 1 ). 15 U.S. Code 1681s2 - 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. 5 U.S. Code 552a - Records maintained on individuals
Company Response:
State: PA
Zip: 18702
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I previously filed a complaint against Portfolio Recovery and they said they would investigate the issue. I had an account with XXXX XXXX that was closed on XXXX. After falling behind, I was eventually able to pay the account off in full and had the account closed. Portfolio Recovery stated they purchased the account from XXXX XXXXXXXX in XXXX and XXXX XXXXXXXX Confirmed to me directly and never responded through the CFPB Complaint that they had sold the account to Portfolio Recovery. I submitted proof from my credit Report to Portfolio Recovery, showing the account was paid in full and closed on my request. Portfolio responded that they would investigate the issue, but didn't despite claiming they did. I filed a dispute with the Credit Reporting Agency about the original account in question against XXXX XXXX and XXXX confirmed the account was paid and closed. So Portfolio never had any intentions to stop illegally trying to collect a debt that never existed. They then, Closed the collection account contained in XXXX, but the closed account still negatively reports a debt that never existed and I'm unable to dispute it, because it's not in collection, but still negatively harms my credit and left the collection accounts in the XXXX reporting agencies open. This company is hell-bent on making me pay for a non-existent debt or make me financially suffer for not paying something I don't owe. They are literally extorting me. I ask that CFPB intervene at this point. XXXX XXXX has not cooperated with CFPB and Portfolio has no interest in obeying the law, but rather giving lip service. The lies and deceit by this company should not be allowed and they should be heavily fined and or sued by the CFPB.
Company Response:
State: FL
Zip: 33541
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The Fair Credit Reporting Act USC 1681 Section 602 ( a ) states " There is a need to insure credit reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the consumer. Which under this act I have the right to make sure that my information remains private and isn't shared. But it seems that my rights are being violated due to the collections I see on my consumer report. Pursuant to 15 USC 1681b " Any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with written instructions of the consumer to whom it relates. I in fact DID NOT give consent to have anything added to my consumer report which is a direct violation of the Fair Credit Reporting Act. This is also considered identity theft according to 12 CFR 1022.3 subpart A ( h ) " Identity theft means fraud committed or attempted using the identifying information of another person without authority. " Again I gave no written consent at all for this action to take place which is against the law. XXXX and XXXX do not gave my consent to furnish this information and for certain do not have my written consent. All consent to XXXX and XXXX whether it is verbal, non-verbal, written, implied or otherwise is revoked. Also according to 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 several years. '' These accounts are adverse items they are reporting as I said before without my permission which is against the law. 15 USC 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 the proper procedures. And, 12 CFR 1016.7 States that " A consumer may exercise the right to opt out at anytime. '' I am opting out of your reporting services. The following accounts are below : XXXX XXXX XXXX Date Assigned : XX/XX/XXXX Balance : {$850.00} Furnisher of information : XXXX XXXX Portfolio Recovery Associates Date Assigned : XX/XX/XXXX Balance : {$460.00} Furnisher of information : XXXX XXXXXXXX XXXX XXXXXXXX XXXX. XXXX XXXXXXXX XXXXXXXX Date Assigned : XX/XX/XXXX Balance : {$660.00} Furnisher of information : XXXX XXXX XXXX XXXX. *PLEASE NOTE : LEGAL ACTION WILL BE TAKEN ON CONDITION THAT THE ABOVE CONSUMER REPORTING AGENCIES FAIL TO HONOR THE RIGHTS PROTECTING I THE CONSUMER*
Company Response:
State: AZ
Zip: 85210
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In accordance with the Fair Credit Reporting Act, Portfolio Recovery Ass has violated my consumer rights. 15 U.S.C 1681 Sec 602 A : States I have the right to Privacy. 15 U.S.C 1681 Sec 604 A. Sec 2 : Also states a consumer reporting agency can not furnish an account without my written consent. And i have no contract with this debt collector so how did they get my consent? 15 U.S.C 166b : A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any reason. 15 U.S CODE 1692c ( a ) Communication with the consumer generally without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. I have never given prior consent or have any contractual agreements with any of these creditors agreeing to buy, sell or report misleading representations of myself, the consumer. Please ensure this creditor and credit reporting agencies correct any and all errors relating to payment history, late payments, for I have never consented to any such terms of agreement. Provide Geo-Location for debt purchase, copy of original contract bearing signature and proof i agreed to deal with any third party.
Company Response:
State: PA
Zip: 19154
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
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: 33012
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have asked Portfolio Recovery to stop calling me during work hours, but they continue to do so. I normally receive 4-5 calls weekly and they have been calling my wife 's number as well and it's not even in her name. I can never tell if it is them calling because they call from a different number every time. I have a job where I am on the phone a lot with a lot of different people so it is extremely disruptive to my work and I have told them that.I
Company Response:
State: MO
Zip: 64850
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A