Consumer complaint received 2018-09-25
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Told you not to respond to a lawsuit they filed against you

Complaint:
XX/XX/XXXX, I received a call from XXXX about a XXXX account with a balance of {$1100.00}. I made payment arrangements with them to pay {$10.00} a month via my checking account. 

On Friday, XX/XX/XXXX, I called portfolio recovery to discuss a pay for delete. I spoke with the manager XXXX XXXX, and I offered {$700.00} to pay the account in full. I also requested that they terminate the above-mentioned monthly agreement, and delete the account from the credit bureaus. He agreed to my request, but countered with {$860.00}. He also stated that he would have to secure payment first. I agreed to the amount, and specifically requesting that they do not withdraw the funds from the checking account which they had on file, but I would send them a letter outlining the above agreement, and once they agree in writing I will pay them via check. I immediately sent the letter certified mail ( XXXX XXXX. This letter was also faxed to portfolio recovery on XX/XX/XXXX at XXXX. 

On Monday, XX/XX/XXXX, XXXX withdrew {$860.00} from my checking account, without my authorization, and as of the date of this complaint, continue to report the collection account to XXXX and XXXX. I called XXXX and explained the situation to a number of representative and managers, ( XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX ) but they all claim that they do not delete accounts from the credit bureaus, and the manager that I made the agreement with, was not supposed to make that payment arrangement, or agree to my terms. XXXX XXXX, a manager at portfolio recovery, lied to me and deceived me into thinking that portfolio recovery had agreed to my terms. This is a clear violation of the FDCPA I addition, portfolio recovery filed a lawsuit ( XXXX ) against me for this debt on XX/XX/XXXX, using the wrong address. According to the court records that I obtained from the XXXX XXXX XXXX XXXX on XX/XX/XXXX, portfolio recover used XXXX XXXX XXXX XXXX XXXX, NY XXXX as my mailing address. THIS IS NOT MY HOME OR MAILING ADRESS. 

I was never served the summons, or did I ever receive any correspondence regarding this debt from XXXX. I did not become aware of this debt until XXXX of XXXX, where I received a phone call from portfolio recovery. 

My address is XXXX XXXX XXXX XXXX, NY XXXX. This has been my address since XXXX to present. Portfolio Recovery purchased this account XXXX XXXX XXXX ) on or about XX/XX/XXXX. Im sure if XXXX reviews their business records, and account statements they received from XXXX ( XXXX XXXX ), they will find that my home and mailing address was XXXX XXXX XXXX XXXX, NY XXXX on the above mentioned purchase date. This is clearly another violation of the FDCPA XXXX Attached please find proof of my home and mailing address from XXXX through XXXX. You will also find attached proof that portfolio recovery had my correct address at the time they purchased the account, and court documents proving that they intentionally used the wrong address denying me the chance to file an answer, which resulted in a default judgment. 

You will also find attached a Satisfaction of Judgment indicating that this account is satisfied in full. I want the above mentioned collection account immediately removed from all the credit bureaus they report to, as agreed on XX/XX/XXXX. 

If the account is not removed, I will immediately file a motion to vacate the default judgment, and sue for multiple violations of the FDCPA, and an other state and federal laws that may apply.

Company response to consumer: Closed with monetary relief