PORTFOLIO RECOVERY ASSOCIATES INC

2019-06-04

Billings, MT

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt is not yours
Company Response: Closed with non-monetary relief

Timely Response

2019-06-04

Saint Clair, MO

Took or threatened to take negative or legal action

Debt collection: Credit card debt

Threatened or suggested your credit would be damaged
Complaint: On XX/XX/2019, I received a letter from Portfolio Recovery Associates, stating that my account was sold to them. I sent them a letter asking for validation, and they replied with copies of my monthly billing statements. On XX/XX/XXXX, I sent out another letter to them, via certified mail, asking them to specifically validate the debt. As per this consent decree of XX/XX/2015 brought by the Consumer Financial Protection Bureau against Portfolio Recovery Associates I requested that they produce affidavits from the original creditor that show a complete and accurate accounting of the amount alleged owed. I advised them that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that their claim is disputed and validation is requested. This is NOT a request for validation or proof of my mailing address, but a request for Validation made pursuant to the above named Title and Section. I am hereby requesting that their office provide me with competent evidence that I have any legal obligation to pay them. I asked Portfolio to immediately provide me with the following : *What the money you say I owe is for ; *Explain 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 a verification or copy of any judgment if applicable ; *Identify the original creditor ; *Prove the Statute of Limitations has not expired on this account ; *Show me that you are licensed to collect in my State ; and *Provide me with your license numbers and Registered Agent. Portfolio replied back saying that they are considering my dispute concluded since I did not provide any new information. However, it is up to them to validate this debt and provide me with the requested information. Otherwise all acts of collection must be ceased.
Company Response: Closed with explanation

Timely Response

2019-06-04

Philadelphia, PA

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt was result of identity theft
Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA, XXXX Dear Sir/Madam : I am contacting you about the compromising of my social security number. I am a victim of Identity Theft. I contacted the Federal Trade Commission and filed a complaint and contacted the police department and obtained a police report XXXX which both are attached. Please block and remove all information from my credit report, and send me an updated copy of my credit report. The following items do not belong to me and is a result of fraud that I did not authorize : PORTFOLIO RECOV ASSOC XXXX .... {$2600.00}. PORTFOLIO RECOV ASSOC XXXX .... {$1300.00} PORTFOLIO RECOV ASSOC XXXX .... {$1200.00}. PORTFOLIO RECOV ASSOC XXXX .... {$480.00}. PORTFOLIO RECOV ASSOC XXXX .... {$480.00} PORTFOLIO RECOV ASSOC XXXX .... {$400.00}
Company Response: Closed with explanation

Timely Response

2019-06-04

Magnolia, TX

Attempts to collect debt not owed

Debt collection: Other debt

Debt is not yours
Complaint: PULL MY CREDIT REPORTS SEEN THIS DEBT ON MY REPORTS. DEBT IS NOT MINE, HAVE NO KOWLEDGE OF THIS DEBT. IF THIS COLLECTTION COMPANY CAN NOT PROVIDE ME THE ORIGINAL IFORMATION ABOUT THIS DEBT OR ACCOUNT. THIS DEBT SHOULD BE DELETE FROM ALL 3 MAJOR CREDIT BUEAURS. PORTFOLIO RECOVERY ASSOCIATE CLAIMING THAT ORIGINAL CREDITOR : IS XXXX XXXX XXXX XXXX. I HAVE NEVER HAD AN ACOOUNT OR NOTHING WITH XXXX XXXX XXXX XXXX I DO NOT THINK IT RIGHT FOR A COLLECTION COMPANY PUT THIS FALSE INFORMATION ON YOUR CREDIT REPORT.
Company Response: Closed with explanation

Timely Response

2019-06-04

Foothill Ranch, CA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Company Response: Closed with explanation

Timely Response

2019-06-04

Magnolia, TX

Attempts to collect debt not owed

Debt collection: I do not know

Debt is not yours
Complaint: PULL MY CREDIT REPORTS SEEN THIS DEBT ON MY REPORTS. DEBT IS NOT MINE, HAVE NO KOWLEDGE OF THIS DEBT. IF THIS COLLECTTION COMPANY CAN NOT PROVIDE ME THE ORIGINAL IFORMATION ABOUT THIS DEBT OR ACCOUNT. THIS DEBT SHOULD BE DELETE FROM ALL 3 MAJOR CREDIT BUEAURS. THANKS
Company Response: Closed with explanation

Timely Response

2019-06-04

NY

Took or threatened to take negative or legal action

Debt collection: Credit card debt

Collected or attempted to collect exempt funds
Complaint: To start your site doesn't offer clear options for many circumstances. So I will do my best to explain what the issue is. I will also being added many scanned documents to support what I put forth here. Sometime around XXXX of XXXX I heard someone in my driveway. We are on the second floor and there are two doors to get to our apartment ( both are locked ). I looked outside and saw a XXXX male around XXXX to XXXX years of age walking back to a minivan. There was a XXXX female in the front passenger seat that seamed to be the same age. I yelled down asking him who they were looking for and didn't get a reply. So I went downstairs and said hello at which point the man handed me papers. He didn't say I was being served in fact he said nothing. So I looked at the papers and said " I wonder what this is '' and his response was " It's probably a mistake and you should just throw them away. '' The papers were in fact from the law firm of XXXX XXXX XXXX from XXXX NY. It was a notification that they were suing me on behalf of their client Portfolio Recovery Associates LLC. There was an index number listed of : XXXX. I only had a few days before the date I had to answer so I had to do my best to answer so that a default judgement wasn't issued. In this case had I done what the process server suggested I would have had a default judgement against me. The process server should never be telling someone they serve to throw the papers away. I downloaded a from from the County Website and created my response on XX/XX/XXXX of XXXX. My answer contained three defenses : 1 ) I did not do business with Portfolio Recovery Associates LLC and thus challenged their standing. 2 ) In the original documentation there was not enough information for me to know if this was or was not an account that ever belonged to me. 3 ) Please take notice that my only source of income is Social Security XXXX which is exempt from collection. After I filed my answer I eventually received a packet in the mail from XXXX and XXXX which they said I had requested. There was a cover letter which said inside I would find my account documentation and it was signed by a XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX is said to be an Associate Attorney with XXXX and XXXX and is the one who has signed all the paper work to this point. The CPFB is likely well aware of the fact that Portfolio Recovery Associates LLC is under sanctions from the CPFB. There is a 60 or so page document on the CPFB which is a consent order that was signed on XX/XX/XXXX and is to be in effect for a minimum of 5 years. This is where the bulk of my complaint is going to come from. I am not sure how many documents I will be allowed to attached. So I will just describe the issue and add as many documents as I can in the step that allows that. In the packet of documents that XXXX XXXX XXXX sent me was a claimed Bill of Sale, A screenshot of an account page which I am not really sure what the point of it is. Along with a Credit agreement which I couldn't say is or is not one I would have read and/or agreed to. There is certainly nothing included that shows I agreed to it. Along with Account Statements from XXXX of XXXX through XXXX of XXXX. The Bill of Sale is just a vague statement. That says there was an agreement " the agreement '' as well as a reference to the Notification Files ( as defined in the Agreement ). More importantly " the agreement '' was entered on XX/XX/XXXX and the Notification Files were to be delivered to the Buyer ( Portfolio Recovery Associates LLC ) by XX/XX/XXXX. There is no specific identification of any supporting document to be attached to the Bill of Sale which would allow Portfolio Recovery Associates to attach any document and claim it was part of The Agreement. All of the documents I have received will be attached to this complaint. From a legal stand point the Bill of Sale is not sufficient. However, in this case Portfolio Recovery Associates is also under sanctions by the CFPB. Under item 119 ( which is on page 33 of 60 ) of this agreement Portfolio Recovery Associates is not allowed to initiate any Debt Collection Lawsuit unless in possession of certain documents. In item 119 part C to be specific this includes : A certified or other properly authenticated copy of each bill of sale or other document evidencing the transfer of ownership of the Debt at the time of Charge-off to each successive owner, including Respondent. Each of the bills of sale or other documents evidencing the transfer of ownership of the Debt must include a specific reference to the particular Debt being collected upon, which can be done by referencing an exhibit attached to each bill of sale or other document transferring ownership of the Debt that is represented or warranted by a Seller to be a list of all Debts acquired in that Portfolio. To this point the bill of sale and documents provided do not meet standard requirements and thus obviously do not meet the stricter sanctions imposed by the CFPB. Since Portfolio Recovery Associates LLC is not allowed to initiate a debt lawsuit without being in compliance with the above section. It would seem they have violated their agreement with the CFPB by doing so. The dates in the bill of sale are also something I would bring to the attention of the CFPB. The bill of sale states that the agreement was reached on XX/XX/XXXX. The random account screenshot which was included has a box defined as last payment date and that date is XX/XX/XXXX. The Account Statements that were provided which cover XX/XX/XXXX through XXXX of XXXX. Show an account in good standing with the payments being made. Until the XX/XX/XXXX Statement which shows a past due amount in the same total as the minimum payment due in XX/XX/XXXX. Per my understanding an account is considered in default 30 days after a payment is not made. Per Federal Guide Lines a " charge off '' would happen after 180 days. Which would make sense as to the last statement being from XXXX of XXXX. The point of the previous paragraph is that Portfolio Recovery Associates LLC has provided a bill of sale which per their " under penalty of perjury '' statement was agreed to be purchased on XX/XX/XXXX. The account in this complaint per their provided paper work was an account in good standing at that time. As far as I know Portfolio Recovery Associates LLC has not been approved to be a money lender or bank. So I would have to question how they were in the process of allegedly buying an account in good standing. Another section of the CFPB agreement with Portfolio Recovery Associates LLC is the Compliance Plan. Which is Section XII and to be specific in this case pages 39 to 41. Part of this to be specific was that Portfolio Recovery Associates LLC had to submit a plan of how it would comply with all applicable federal consumer financial laws and the terms of this Consent Order ( compliance plan ). Part C of the Compliance Plan section of the Consent Order as provides certain requirements for Portfolio Recovery Associates LLC in regards to Law Firms. For example Portfolio Recovery Associates LLC must set forth to Law Firms that represent them : the law firm 's specific performance responsibilities and duty to maintain adequate internal controls, the Law Firm 's duty to provide adequate training on compliance with all applicable Federal consumer financial laws and Respondent 's related policies and procedures. The reason I am including the proceeded statement is that per the Consent Order any Law Firm that represents Portfolio Recovery Associates LLC must not only be aware of Federal Consumer Financial Laws. They are also aware of the Portfolio Recovery Associates LLC policies and procedures which are laid out in the consent order by the CFPB. This goes specifically to a document filed on XX/XX/XXXX. Where XXXX XXXX XXXX, XXXX filed a motion for a Preliminary Conference. In that document under penalty of perjury XXXX XXXX XXXX, XXXX makes the following statements : 1. I am an associate attorney with the law firm of XXXX XXXX XXXX XXXX, attorneys for Portfolio Recovery Associates, LLC, ( hereinafter the " Plaintiff '' ), I am fully familiar with the facts and circumstances of this case. Further, I attest that I have made a review of the legal file maintained in our office, documents provided by the Plaintiff, and all documents in the proceeding herein. 2. That I make this affirmation in support of Plaintiff 's request for a Preliminary Conference. There were two more statements which will be on the scanned document. For this specific part this is what I am taking issue with. Due to the CFPB Consent Order Portfolio Recovery Associates, LLC is required to make the law firm of XXXX XXXX XXXX aware of the procedures and policies laid out in the Consent Order. XXXX XXXX XXXX claims under penalty of perjury that they are fully familiar with the facts and circumstances of this case. That they have made a review of the legal file maintained in their office and provided by Portfolio Recovery Associates LLC. If XXXX XXXX XXXX had in fact reviewed the legal file. XXXX XXXX XXXX would have known that the documents provided do not meet the Consent Order enforced by the CFPB on their client Portfolio Recovery Associates. That bringing such a lawsuit would in fact have violated the CFPB consent order. There are only two assumptions I can make here. Either Portfolio Recovery Associates LLC also violated the CFPB Consent Order by not informing XXXX XXXX XXXX of these requirements. Or XXXX XXXX XXXX in fact did not review or have full knowledge of the documents. Since Portfolio Recovery Associates LLC is also required to send documentation to the CPFB. The CPFB should in fact have a record of whether XXXX XXXX XXXX are aware of these policies. Which would then allow a much easier conclusion to this issue. As to the reason I am filing this complaint at this time beyond what I see as multiple and willful violations of the CFPB Consent Order. Monday XX/XX/XXXX at XXXX was the preliminary conference of this case. This included Judge XXXX XXXX law clerk who I believe said his name was XXXX and a Lawyer from XXXX NY that I did not catch the name of. ( Was that lawyer required to be aware of the CFPB Consent Order? ). In that meeting I felt overly pressured to agree to a settlement. That pressure did NOT come from Opposing council. I was asked at least 7 times in different ways by the Law Clerk if I could accept a Settlement. Opposing Council was allowed to accept a 60 % settlement and the clerk multiple times brought up 50 %. This was after I clearly stated that I am on XXXX and every month have no money or am slightly overdrawn at the end of the month. That if I accepted a settlement I would obviously not be able to abide by the settlement and thus would have negative action taken against me. Even after stating this I was told I should take settlement multiple times all while being told the clerk was a neutral party and could also not give me any legal advice. I did not see the conversation as being neutral and instead saw it as something that would negatively impact me if I took that advice. Also in this discussion was that I should have an attorney even if I couldn't afford on. Which for a lay person implies that you will lose without one and should just agree to the settlement. The CFPB Consent Order with Portfolio Recovery Associates is full of paragraphs talking about what statements imply or how they may be taken by a consumer. At one point I asked if there would be a discovery period and was told by the clerk he couldn't give me legal advice. Perhaps being a layman there is something I missed. However, asking if there is a discovery period is not asking for legal advice. So I am filing this complaint because after the preliminary conference I feel forced to. As I have to look out for my best interest as no one else seems to be. *Note* I am not going to include the claimed card agreement documents because they should not be relevant to my complaint here or the violations of the CFPB Consent Order, However, if needed I would be glad to send those as well. The Bill of Sale, Account Screenshot and Statements are the documents I was provided by XXXX XXXX XXXX. There were extra pages to the Statements that were not part of my complaint. I included the Statements XXXX XXXX XXXX sent to me. From XX/XX/XXXX to XX/XX/XXXX in order to show account status. I then included the final statement provided which was from XXXX of XXXX. This is relative to the date of the agreement on the bill of sale that is part of my complaint. As well as the Bill of Sale being insufficient under normal standards and obviously not sufficient per the CFPB Consent Order.
Company Response: Closed with explanation

Timely Response

2019-06-03

Berthoud, CO

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt is not yours
Complaint: Received a statement from POrtfolio Recovery Associates on XX/XX/19 reporting an outstanding debt {$650.00} owed to XXXX XXXX XXXX. They were threatening and demanded immediate payment. I was flustered. They asked for my social security number and I gave it to them. They then asked if I lived in Arkansas. I said no. Never. They threatened again wanting payment. I refused and hung up. After that I noticed my first and last name were correct in envelope but the middle initial was incorrect.
Company Response: Closed with non-monetary relief

Timely Response

2019-06-03

TX

False statements or representation

Debt collection: Credit card debt

Attempted to collect wrong amount
Complaint: On or around XX/XX/2018, I contacted Portfolio Recovery Associates, LLC to inquire about them honoring a settlement letter I received from them in regards to my XXXX debt account # ending in XXXX. After spending almost an hour on the phone with the representative, we agreed to auto debit my account for {$570.00} instead of the {$1200.00} owed. I received a my confirmation letter, checked my account a few weeks later and realized my account was not debited. I sent the agreed amount of {$570.00}. Rather than reporting to the credit bureaus that my debt was settled or closed, they reported it as a payment still owing {$700.00} which negatively impacted my credit score. When I spoke with the representative, he stated that the debit did not go through and they weren't honoring the settlement. He could not tell me why the debit wasn't processed, although I have proof that the funds were in my account and available. He refused to honor the agreement. I believe that Portfolio Recovery never intended to honor the settlement and it was a fraudulent collection tactic. I can provide a copy of my money order stub and bank statement as well reflecting fund availabilities for dates preceding and proceeding my call to Portfolio Recovery.
Company Response: Closed with explanation

Timely Response

2019-06-03

Memphis, TN

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt is not yours
Complaint: I have 2 XXXX XXXX XXXX and Portfolio Recovery Associates reporting on my credit report and these accounts do not belong to me. I have written both companies several times and they both fail to send me any type of agreement between me and XXXX XXXX XXXX. I have been contacting them both for over a year. One account credit limit say XXXX, previous balance is XXXX and new balance is XXXX the other account from XXXX XXXX XXXX sent two different invoices with the amounts of previous balance XXXX XXXX with a new balance of XXXX with fees and interest charges of XXXX the other invoice that is associated with the same account has a credit limit of XXXX, previous balance of XXXX and new balance of XXXX interest charged XXXX. I have security alerts with the 3 bureaus.
Company Response: Closed with explanation

Timely Response

2019-06-02

Florence, SC

Communication tactics

Debt collection: I do not know

Frequent or repeated calls
Company Response: Closed with non-monetary relief

Timely Response

2019-06-02

Garrison, MD

Attempts to collect debt not owed

Debt collection: Other debt

Debt was result of identity theft
Company Response: Closed with non-monetary relief

Timely Response

2019-06-02

Murray, UT

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt was result of identity theft
Complaint: PORTFOLIO RECOVERY has been informed of the police report. Fraud and identity theft occurred under my name. They continue to report to credit reporting agencies violating the rules under section 623 FCRA as the data furnisher is legally required to provide 100 % accurate information in order to report any data under anyone name. They haven't provided 100 % accuracy and continue to verify to the credit bureaus a debt that was involved in fraud and identity theft. Police report - # XXXX can be retrieved by the furnisher from the XXXX.
Company Response: Closed with explanation

Timely Response

2019-06-02

Louisville, KY

Communication tactics

Debt collection: Credit card debt

Frequent or repeated calls
Complaint: What the lady called on the phone I ask who this was she did not reply at first but then gave me her name but didn't give me the company and she work for I ask her again she just gave me the name she did not state that who she was calling on the behalf of what company until I get all my information out or confirm who I was this was very deceitful and I still did not know who I was confirming my information to it make me feel like I was giving my information to a scam artist or something I felt very uncomfortable doing the whole ordeal and I feel like I was being more pressure to pay this debt than ever so I just hung up I thought that when debt collectors call you that have to give you their name and the company name at the collecting for
Company Response: Closed with non-monetary relief

Timely Response

2019-06-01

Milwaukee, WI

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Problem with personal statement of dispute
Complaint: Filed a dispute with XXXX they claimed to have done a investigation and found that company portfolio recovery has complied with all FCRA requirements. Asked XXXX and portfolio recovery for method of verification which I have yet to receive. Both companies have sent letters stating they will not reply to my request and no longer investigate. My rights as a consumer have been dismissed. This is against the law. I have a right to a thorough investigation.
Company Response: Closed with explanation

Timely Response

2019-06-01

Oxford, GA

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt is not yours
Complaint: I received several notices in the mail from Portfolio Recovery about an alleged debt in the amount of {$710.00}. I responded by sending multiple certified letters asking them to validate the alleged debt. In response, they have sent me a bill from XXXX XXXX on two separate occasions. I followed up by calling Portfolio Recovery and notifying them that a bill does not equate to debt validation. I was rudely spoken to and told to either pay the collection or let it be. This is unacceptable.
Company Response: Closed with explanation

Timely Response

2019-06-01

Scottsdale, AZ

Communication tactics

Debt collection: Credit card debt

You told them to stop contacting you, but they keep trying
Complaint: Constantly calls. Calling 1 or 2 times per day. I've asked several times to contact me via postal mail and to stop calling me on my phone. Just got a call at XXXX this morning. They need to stop calling me. The company is called portfolio recovery.
Company Response: Closed with non-monetary relief

Timely Response

2019-06-01

AL

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt was paid
Complaint: Around XXXX, my husband was scammed by a so-called " tax relief '' service. He paid for part of the fee with our XXXX XXXX XXXX credit card. The amount charged was {$3000.00}. After realizing it was a scam because no service was provided, he ordered that the charge be reversed. After over a year of dispute with XXXX XXXX XXXX, they finally agreed to honor the reversal for the total amount. A few years later my husband and I divorced. Then I started to receive letters from Portfolio Recovery Associates for the amount of {$3100.00} from XXXX XXXX XXXX and XXXX XXXX XXXX. I asked XXXX XXXX XXXX what this charge was for but they said they can not access that information because it is so old. I don't know what this charge can be for other than the scam tax relief company because after that, we closed that credit card and stopped doing business with XXXX XXXX XXXX. Portfolio Recovery Associates is also trying to collect a charged off amount of {$2700.00} which is also from XXXX XXXX XXXX. It was charged off in XXXX. Also, XXXX XXXX XXXX XXXX XXXX XXXX XXXX was found to engage in Unsound, Unsafe, and Illegal Debt Collection Practices in XXXX so I don't consider these debts truthful or valid.
Company Response: Closed with explanation

Timely Response

2019-05-31

Almora, MN

Written notification about debt

Debt collection: Other debt

Didn't receive enough information to verify debt
Company Response: Closed with non-monetary relief

Timely Response

2019-05-31

Groveland, FL

False statements or representation

Debt collection: Credit card debt

Attempted to collect wrong amount
Company Response: Closed with explanation

Timely Response

2019-05-31

Brandon, FL

Communication tactics

Debt collection: I do not know

Frequent or repeated calls
Company Response: Closed with non-monetary relief

Timely Response

2019-05-31

Groveland, FL

False statements or representation

Debt collection: Credit card debt

Attempted to collect wrong amount
Company Response: Closed with explanation

Timely Response

2019-05-31

Oakland, CA

Attempts to collect debt not owed

Debt collection: Credit card debt

Debt was already discharged in bankruptcy and is no longer owed
Company Response: Closed with explanation

Timely Response

2019-05-31

Reno, NV

Communication tactics

Debt collection: Credit card debt

Frequent or repeated calls
Complaint: They call excessively every day from different phone numbers each time, including Saturday and Sunday, and sometimes before XXXX and XXXX. Today, XX/XX/19, they called me at work. I am not allowed to receive personal phone calls at my place of employment.
Company Response: Closed with non-monetary relief

Timely Response

2019-05-31

TN

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Old information reappears or never goes away
Complaint: XXXX XXXX credit card posted 2 debts on my XXXX, XXXX, and XXXX credit reports. I asked them to verify this information from XXXX and they could not. I was notified in a few months of its removal. It is now showing it is from Portfolio Recovery opened XXXX XXXX in the amount of {$480.00}. I notified them that this was removed and that it should not be on my credit report but I have not heard any response.
Company Response: Closed with explanation

Timely Response