Consumer complaint received 2016-09-19
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TX
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
Portfolio Recovery Associates Fraudulent Collection For years, this company has a history of deceiving the public they are predators on the public. Portfolio Recovery Associates has no intention of complying with court orders to change it 's illegal collection practices, the modified it by using court clerks to record false actions on the court docket. 

Illegal actions against me using court clerks to create false docket recording and false documents and claims on XXXX case dockets in XXXX XXXX TX : 1. Portfolio Recovery Associates used Justice of the XXXX XXXX XXXX XXXX XXXX XXXX Texas court clerks to create false court docket recording with misleading motions missing proof of service, petitions with the wrong court of venue and jurisdiction, false and misleading account numbers and balance due. 

2. Court docket with missing and no proof of service. 

3. Court docket with alternate service not notarized containing misleading and false information. 

4. Portfolio Recovery Associates has used Justice of the XXXX XXXX XXXX XXXX XXXX XXXX Texas court clerks to create false court docket recording in XXXX cases against me. 

5. Portfolio Recovery Associates has no intention of complying with court orders to change its illegal collection practices, the company modified it practice by using court clerks to record false actions on the court docket. 

6. Portfolio Recovery Associates has ignored previous court agreement to stop this practice described below. 

Consumer Financial Protection Bureau ( CFPB ) took action against the nation 's XXXX largest debt buyers and collectors for using deceptive tactics to collect bad debts. 

Portfolio Recovery Associates must pay {$19.00} XXXX in consumer refunds and an {$8.00} XXXX penalty, and stop collecting on over {$3.00} XXXX worth of debts. 

Portfolio Recovery Associates bought debts that were potentially inaccurate, lacking documentation, or unenforceable. Without verifying the debt, the companies collected payments by pressuring consumers with false statements and churning out lawsuits using robo-signed court documents. 

CFPB has ordered the companies to overhaul their debt collection and litigation practices and to stop reselling debts to third parties. 


Portfolio Recovery Associates threatened and deceived consumers to collect on debts they should have known were inaccurate or had other problems. 

CFPB found Portfolio Recovery Associates attempted to collect debts that they knew, or should have known, were inaccurate or could not legally be enforced based on contractual disclaimers, past practices of debt sellers, or consumer disputes. The companies also filed lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves. These practices violated the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act. 

Attempted to collect on unsubstantiated or inaccurate debt : XXXX and Portfolio Recovery Associates stated incorrect balances, interest rates, and payment due dates in attempting to collect debts from consumers. The companies purchased large portfolios of consumer debt with balances that sellers claimed were " approximate '' or that otherwise did not reflect the correct amount owed by the consumer. 

Sellers also warned the companies that some of the debts they were buying may not have the most recent consumer payments deducted from the balance. Some sellers also represented that documents were not available for some of the accounts. The companies continued purchasing from these sellers and then collecting on that debt without first conducting any investigation to determine whether the debts were accurate and enforceable. 

Portfolio Recovery Associates collected debts through lawsuits and threats of legal act

Company response to consumer: Closed with explanation