Date Received: 2023-08-14
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, TX XXXX DATE : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, TX, XXXX Subject : Request for Validation of Debt and Original Contract Dear Sir/Madam, By the provisions of the Fair Credit Reporting Act, I am writing to request that the following inaccurate item be immediately investigated and removed from my credit report in order to show my true credit history. As you are well aware, under 15 U.S.C. 1681i of the FCRA, as well as numerous other legal authorities, you are required by federal law to report only accurate information and every step must be taken to assure the information reported is completely accurate and correct. Please accept this letter notification that I dispute the following items reflected in my credit report : Creditors Name : PORTFOLIO RECOVERY ASSOCIATES Account Number : XXXX Provide me documentation that this is mine or delete it Note : PORTFOLIO RECOVERY ASSOCIATES has miss represented itself to XXXX as an original creditor holder which is strictly prohibited in court of law and is in non-incompliant with CFPB reporting guide-lines, please deleted without delay. 1611. Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any ch art or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( XXXX ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than XXXX year, or both. ( Pub. L. 90321, title I, 112, XXXX XXXX XXXX 82 Stat. 151 ; Pub. L. 111203, title X, 1100A ( 2 ), XXXX XXXX XXXX, 124 Stat. 2107. )
Company Response:
State: TX
Zip: 77385
Submitted Via: Web
Date Sent: 2023-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I was looking over your news letters and saw that you sued Portfolio. That doesn't surprise me. I have sent many rounds of disputes of Portfolio and it always comes back verified. I send copies of my proof and still. I didn't think to file a complaint with you all. I should have. It seems you guys just take statements from both sides and do nothing. I have yet to get a favorable outcome with CFPB. Portfolio is brutal. They are preventing me from obtaining a loan on my home. I am a XXXX Vet and I need help financially. But because of incorrect reporting, now I have inquiries. Crazy stuff man. I'm glad you sued them. I hope I get the opportunity to sue them. Maybe that will be just enough to help me out. Anyway, thank you for all you do.
Company Response:
State: CA
Zip: 95376
Submitted Via: Web
Date Sent: 2023-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Debts have repeatedly been disputed with XXXX Bank. I have requested documents, validation of debt and verification of debt to be sent to me according to Section 609. Documents have not been provided. This has been an ongoing dispute. I am requesting the letter attached and sent out again be answered as it has been more than 60 days. Attached Letter sent to XXXX Bank XX/XX/XXXX XXXX sent to XXXX company who did not validate debt and court case was dismissed in XXXX. As quoted In accordance with section 609 ( e ) of the Fair Credit Reporting Act, please send me copies of business records relating to the the above referenced account number. The law directs you provide me with these documents for free and without requiring a subpoena within 30 days of getting my request. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have a legal obligation to pay you. Please provide the following : What the money you say I owe is for ; Explain and show how you calculated what you say I owe ; Provide me with copies of any papers that show I agreed to pay what you say I owe ; Provide verification or copy of any judgment if applicable ; Identify the original creditor ; The statute of limitations has not expired on this account ; Show me your license to collect in my state ; Guide me with your license number and Registered Agent. ( XXXX ) These debts are being resold to different collection agencies who are NOT validating debt.
Company Response:
State: TX
Zip: 76131
Submitted Via: Web
Date Sent: 2023-08-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-12
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent Portfolio Recovery Associates a letter on XX/XX/23 requesting them to send me a Debt Verification letter for an alleged debt that they are claiming I owe. They sent back correspondence not pertaining to the Debt Verification letter.
Company Response:
State: MD
Zip: 21206
Submitted Via: Web
Date Sent: 2023-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-13
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Portfolio Recovery is a third party debt collector and has no right to force performance of contract. Portfolio Recovery has violated FCRA and FDCPA by reporting this alleged debt to the reporting agency known as XXXX. 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. 15 U.S. Code 1692g - Validation of debts U.S. Code ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
Company Response:
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2023-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-13
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against PORTFOLIO RECOVERY ASSOCIATES LLC / PRA GROUP LLC, for their abusive, deceptive, and unfair collection practices in the collection of extensions of credit. In a conspiracy with the consumer reporting agencies to cause a restraint of trade and commerce, this debt collector has engaged in racketeering activity. I have never given this company any consent to be in possession of my nonpublic personal information. I disaffirm any alleged agreement or contract between I, the consumer, and the original creditor, whether implied or explicit. This account is a billing error. Please provide me with documentary evidence of the obligors indebtedness. As a federally protected consumer, I am making this complaint against PORTFOLIO RECOVERY ASSOCIATES LLC / PRA GROUP LLC, for committing identity theft. I have never given PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC and my failure to dispute the validity of the alleged debts shall not be construed as an admission of liability pursuant 15 USC 1692g ( c ). As of XX/XX/2023, I have not received any documentary evidence, such as a trilateral contract, giving PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC any right to collect on this alleged debt. I have never received any documentation requesting validation from PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, before they committed multiple violations under FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 USC 1692d ( 4 ) which the FTC defines as debt parking. If PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, can not provide me proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. This company is in violation of the false claims act and is jeopardizing my consumer credit reputation with other financial institutions by fraudulently furnishing this alleged debt to coerce payment. Any payments made or future payments are a result of threat, duress, and coercion, due to undue influence. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, continues its collection efforts, I will file for litigation for actual damages caused and PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC, shall be liable for violations of TILA, FCRA, GLBA, CFPA, the Sherman Antitrust Act, Robinson-Patman Act, Clayton Act , FTC ACT, and RICO Act. PORTFOLIO RECOVERY ASSOCIATES LLC/ PRA GROUP LLC shall be held accountable for actual damages caused, and shall be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: WA
Zip: 98391
Submitted Via: Web
Date Sent: 2023-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: PORTFOLIO RECOVERY ASSOCIATES , LLC is taking me to court for an account that was sold to them by XXXX XXXX. They are violating multiple 15 USC 1692 sections at this moment.
Company Response:
State: PA
Zip: 19148
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have asked them repeatedly for an original letter from the creditor that shows the amount they " purchased " also if they are also even able to collect debt in my state. I received only letters from their company showing my payments options to them. they acknowledge I ask for verification letters in XXXX of XXXX and every month since they have called and still only receive letters telling me my options for paying my debt through them ( I havnt had this card for 6 or so years ). Still can not receive original credit statement. Am told ( by belittling me ) that they have sent them out. Portfolio Recovery
Company Response:
State: IN
Zip: 479XX
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: It's with XXXX. This has gone on for almost 4 years now. I was getting money taken out of my checking account by XXXX. They were not mine. I went to my bank and all the fraudulent ones had weird names through XXXX on them. So my bank and I and XXXX had a 3 way phone call, my bank would tell them the name and the amount of money and everyone of them XXXX would come back a say fraudulent. But I never received any of the money back and my bank told me that since most of them were over 60 days that could not refund my money. I had a heck of a time with XXXX. They turned it over to XXXXXXXX XXXX, who turned it over to Portfolio Recovery Associates , LLC. This whole thing has been a nightmare for me. I lost my husband so I have been dealing with that and dealing with this. I don't understand how someone could just say that you owe them money and they find someone to get it from you and ( Portfolio Recovery ) doesn't even care to look into it to see if it's true or not. They just come after you and they don't care why. XXXX XXXX
Company Response:
State: OR
Zip: 978XX
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I was contacted by portfolio recovery associates LLC regarding a balance owed on XXXX {$2300.00} this was removed off my credit under XXXX XXXX and they purchased the account I advised I have a police report and identity theft report and they advised they are adding this to my credit report today this is against the fair credit act and this is not accurate I was a victim of identity theft this account is from XXXX or XXXX previously was removed from my credit reports now sold to this collection agency this is also reported on an federal trade commission report attached
Company Response:
State: AZ
Zip: 85140
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A