Consumer complaint received 2023-01-21
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
The debt for Portfolio Recovery Associates , LLC account # XXXX is contractually assigned to Social Security XXXXXXXX XXXX XXXX  XXXX XXXX XXXX. The debt is not assigned to the human beneficiary. Since this has been reported as fraud and have not provided any evidence that was requested under federal law, you are now malfeasance in doing so. You have an obligation to remove this account from the beneficiaries Credit Report and withdrawal any negative derogatory marks it may have received.In addition, the debt of the account is not valid. It does not meet the four essential conditions to a lawful binding contract-Namely : 1. Full Disclosure. ( I was not told that I was creating a credit with my wet ink signature ) ; 2. Equal consideration. ( Portfolio Recovery Associates , LLC brought nothing of value to the table and so had nothing to lose ) ; 3. Lawful terms and conditions. ( Yours were based on fraud ) ; 4. The wet signatures of both parties- ( Corporations cant sign because they have no Right or Mind to contract since they are soul-less legal fictions ; and furthermore, no third party can sign a contract on their behalf ).

One can not owe you money when the dollar is backed by the full faith and credit of the American people. You did not lend me your money. You were paid from the trust when you allegedly received my wet ink signature on said contract ( which was based on fraud as mentioned above. ) Not only have you been paid, but you are also requesting more money and double dipping on the money you received. House Joint Resolution 192, Public Law 73-10 states that all debt public and private are paid for. There is no debt.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. You did not send me validation rather you sent me an account summary which I will provide a copy of what you sent here. You are malfeasant and need to be investigated. You did not halt all phone communications with XXXX XXXX and you called numerous times a day harassing for payment. Even after he advised to not call as he is an XXXX year old man with XXXX XXXX! 15 USC 1681b - FCRA - Under the permissible Purpose Law the original Creditor has a written agreement with the consumer to make your payments directly to them they do not have my permission/written consent to give out my information and sell it to a third party ( that being Portfolio Recovery Services , LLC ) THAT IS ILLEGAL! FCRA 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] " ( b ) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. " Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for {$1000.00} or actual damages ( whichever is greater ) to both the consumer and to the consumer-reporting agency from which the report is procured. '' Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of XXXX XXXX Section 605A-15USC 1681 c-1 Section 605B- 15USC 1681 c-2 You are in clear violation of numerous things and attempting to collect a debt that legally needs to be removed - You have NOT sent any validation and or purchase agreements as the above Permissible Purpose Law altogether puts you in violation - I DO NOT CONSENT - Further Investigation of your fraud should be pursued as you are in direct violation and harassing an elderly person to boot after he said to stop calling. CONSPIRACY AGAINST RIGHTSUSC 18 241 If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any right, they shall be fined under this title or imprisoned not more than ten years, or both. CONSPIRACY TO INTERFEREUSC 42 1985 If two or more persons in any State or territory conspire for the purpose of depriving, either directly or indirectly any persons rights the party so injured or deprived may have an action for the recovery of damages against any one or more of the conspirators. NEGLECT TO PREVENTUSC 42 1986 every person who, having knowledge that any of the wrongs conspired to be done or are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured ( Cruden v. Neale ) man is independent of all laws, except those prescribed by nature. he is not bound by any institutions formed by his fellow- man without his consent. THE REAL LAW ( Marbury -v-Madison, 5th US ( 2 Cranch ) 137, 174, 176, 1803  ) RIGHTS AND SOVEREIGNTY ( hurtado v. People of the State of California, 110 U.S. 516 ) The assertion of federal rights [ Bill of Rights ], when plainly and reasonably made, is not to be defeated under the name of local practice. ( davis v. Wechsler, 263 US 22, 24 ) Sovereignty itself is, of course, not subject to law, for it is the author and source of law. ( yick Wo v. hopkins, 118 US 356, 370  ). to deprive the People of their sovereignty, it is first necessary to get the People to agree to submit to the authority of the entity they have created. That is done by getting them to claim they are citizens of that entity Constitution for the U.S.A., XIV Amendment Isbill v. Stovall LAW OF THE LAND This Constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. US Constitution If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional. ( Marbury v. Madison : 5 US 137, 1803 16Am Jur 2d : 16Am Jur 2d., Sec . 97 ; Bary v. United States - 273 US 128 16Am Jur 2d., Sec . 114 16Am Jur 2d., Sec . 256 Mudook v. Penn. 319 US 105, 1943 Owen v. lndependence 100 Vol. Supreme Court Reports. 1398 : [ 1982 ] ; Main v. Thiboutot 100 Vol. Supreme Court Reports. 2502, 1982 Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 ; 1958 davis v. Burris, 51 Ariz. 220, 75 P.2d 689 ; 1938 In re duncan , 139 U.S. 449, 11 S.Ct. 573, 35 L.ed. 219 ; Minor v. happersett, 88 U.S. ( 21 Wall. ) 162, 22 L.ed. 627. Blacks Law dictionary, Fifth edition, p. 626 People v. Skinner, Cal., 110 P.2d 41, 45 ; State v. Rossi , 71 R.I. 284, 43 A.2d 323, 326 ; direct Plumbing Supply Co. v. City of dayton, 138 Ohio St. 540 , 38 N.e.2d 70, 72, 137 A.L.R. 1058 ; Stoner v. higginson, 316 Pa. 481, 175 A. 527, 531 Schware v. Board of Bar examiners, 353 U.S. 232 ; 1957 Schware v. Board of examiners, United State Reports 353 U.S. pages 238, 239 Sims v. Aherns, 271 SW 720 ; 1925 Murdock v. Pennsylvania, 319 U.S. 105, at 113 hertado v. California, 110 U.S. 516 Miller v. U.S., 230 F 2d 486. 489 14th Amendment Article I, section 1 Waring vs. the Mayor of Savanah Chisholm v. Georgia State v. dallas City United States -v- Williams  Reminder A reminder that this is a trust action. You are in a fiduciary position as trustee because you are handling and working with my Social Security XXXX XXXX XXXX XXXX XXXX XXXX directly or indirectly as part of the service you provide. As a fiduciary everything you do MUST be for my benefit. If this debt is not placed in satisfactory status you are acting in your own best interest which makes you malfeasant of office. It is trust fraud and that is a felony. XXXX XXXX, XXXX XXXX XXXX, do hereby avow that based upon my firsthand knowledge and information relayed to me from research, this Common Law Contract, is true, accurate and correct to the best of my knowledge, information and belief and conveys the requirements set forth as intended by me without prejudice. 



YOU have repeatedly submitted false claims against my name and have provided nothing substantial as I have asked NUMEROUS times if consent was given and if this contract was in fact valid / Furthermore if this alleged debt has been written off as a lost and you are collecting money on top of it from my trust then are you in violation " double Dipping '' which is a crime! You continue to report false information and continue to write false statement of things you have done and have not given any substantial proof that this debt is a debt from a man to a man. If this is not resolved after this final complain I will be pursuing you in common court and ask XXXX : Family of Fredrickson d/b/a Trustee of the Social Security XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXXXXXX Chief Executive Officer of Corporation Portfolio Recovery Associates , LLC to appear in front of me this he is the man laying claim against my property. I have been more than lenient with you in getting this resolved. I will also seek punitive damages against my property as a man. So, If this man is willing to appear in front me in common court and can lay his hand on the bible swearing to God himself that I am the man that owes this alleged debt then let him show. This is your final chance to remove this debt and request a deletion from all three bureaus. I am a busy man and this as stated in my letters to you takes up my time. I charge {$21.00} dollars a second and this has been going on for months! YOU DO THE MATH! If this is not deleted I will see the man that lays false claims against my property in court! You will be held in accordance with conspiracy against my rights as a man who is only bound to the laws of GOD himself

Company response to consumer: Closed with explanation