Consumer complaint received 2023-03-28
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: CO
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I have been dealing with Portfolio Recovery for quite some time. Initially, I sent the below-pasted letter via certified delivery, which was confirmed. Shortly after, they refused to sign to slow my administrative process. I have sent letters 2 and 3 ( pasted below ) without a response. Recently, I have disputed this with the credit bureaus in which Portfolio Recovery provided a fake set of bills addressed to me to all 3 credit bureaus causing further negative marks on my credit. They need to be prosecuted to the fullest extent of the law for their illegal practices. Please see to it that I am provided the remedy requested. 

LETTER 1 SENT XX/XX/XXXX - WITH NO RESPONSE RESENT THE FOLLOWING A SECOND TIME XX/XX/XXXX WHICH THEY REFUSED TO SIGN. I SENT IT REGULAR MAIL XX/XX/XXXX. 
SENT ALL LETTERS AGAIN WITH NOTICE OF DEFAULT ON XX/XX/XXXX. 

ALL HAVE BEEN IGNORED AND NOTHING I HAVE ASKED FOR WAS PROVIDED!!! 

LEGAL NOTICE 1 of 2 Time to respond - 30 Days From : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Colorado XXXX XXXX CO XXXX XXXX : XX/XX/XXXX To : PORTFOLIO RECOVERY ASSOCIATES , LLC XXXX XXXX XXXX XXXX, VA XXXX XXXX regards to : CONSUMER REPORTING AGENCY ( CRA ) FILES : XXXX : XXXX , non-adverse, non-belligerent, non-combative party, a secure creditor with power of attorney general, and executor on behalf of the XXXX XXXX XXXX XXXX , is in possession of your recent voluntary submission of evidentiary documents. 

Upon reviewing our consumer credit reporting files, it was noticed that you are blatently disregarding previous disputes and requests for information from us. And, you are willfully and illegally continuing to report false credit information on our consumer credit reports. 

We do not and have not had any contracts with PORTFOLIO RECOVERY ASSOCIATES , LLC or the alleged accounts/debts on my consumer credit report *Alleged Account XXXX *AllegedAccount XXXX *Alleged Account XXXX As you may or may not be aware, there are eight parts to a lawful contract.

1. Parties Competent to Contract - The parties to a contract should be competent, being of the age of majority/consent, of sound mind, and not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness, or status. The status of the parties should be of like kind, being artificial Legal Person and artificial Legal Person, or living Man/Woman and living Man/Woman, allowing two or more parties but never a mixture of these kinds.

2. Free and genuine consent - The parties consent to the agreement must be free and genuine. The parties ' consent should not be obtained by misrepresentation, fraud, undue influence, coercion, or mistake. If consent is obtained by any of these flaws, then the contract is invalid.

3. Full disclosure - When negotiating a contract, full disclosure is the act of providing all material information, or telling the " whole truth, '' about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract.

4. Sufficient mutual consideration - The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement.

5. Certainty of terms - The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates.

6. Meeting of the minds- A meeting of the minds 'consensus ad idem ' occurs between the parties when they recognize each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds in status, Man/Woman with Man/Woman, or when these are acting as Legal Person with Legal Person. A corporation and another corporation may enter into contract by way of 'accommodation parties ', and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of equal status.

7. Signatures or autographs- Written contracts between artificial Legal Persons must carry the wet ink signatures of both parties, because a wet ink signature is an accommodation from a living Man/Woman, declared or not. Written contracts between sentient beings must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living status is recognized by a thumbprint or more often by an unambiguous declaration with the autograph, such as authorized agent written below.

8. Privity of contract - A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.

PORTFOLIO RECOVERY ASSOCIATES , LLC, must herein provide the original copies of the alleged contracts between us and each of the alleged accounts/debts listed above. The presentments need to fulfill the eight parts of a lawful contract mentioned above. Anything without these eight components of a lawful contract will demonstrate your attempts to commit identity theft and fraud against us 31 U.S. Code 3729, 15 U.S. Code 1692e.

PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide Proof of Chain of Title of Ownership of these alleged accounts/debts. If the alleged accounts/debts were acquired by you as a debt buyer, then proof of chain of title of the alleged accounts/debts must be from the original creditor to the current owner without any break in the chain.

PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide the payment history of this alleged accounts/debts. 


PORTFOLIO RECOVERY ASSOCIATES , LLC, must provide copies of Privacy and Opt Out Notices that were allegedly sent to us from each of the three accounts/debts listed above. Also, include verification of when they were sent and received. 16 CFR 313 PORTFOLIO RECOVERY ASSOCIATES , LLC, must herein provide a true and certified copy of the complete audit trail of said accounts/debts. Furthermore, in order for PORTFOLIO RECOVERY ASSOCIATES , LLC to validate the accounts/debts, please provide verification through audit certification of debt entry in accordance with g.a.a.p., i.f.r.s, in accordance with basel 3 accord and u.n.c.i.t.r.a.l. conventions. This includes ALL authenticated records of accounting including ALL tax filings. Also provide a copy of your Tax Registration certificate. We are entitled to this information according to UCC 9-210 In accordance with the fair credit reporting act, you have violated our rights.

-Under 15 U.S.C . 1681 section 602, we have the right to privacy -Under 15 U.S.C . 1681 section 619 you have obtained our personal information under false pretenses and you should be fined, imprisoned, or both PORTFOLIO RECOVERY ASSOCIATES , LLC, is using deceptive, misleading, illegal, and fraudulent tactics while working with *Alleged Account XXXX *AllegedAccount XXXX *Alleged Account XXXX which shows that you are violating 18 U.S. Code 241 - Conspiracy Against Rights. You have violated our right to privacy by conspiring with the above accounts and the consumer reporting agencies to pull our consumer report on four documented dates ( see Legal Notice 2 ) without written consent from us. 15 U.S.C. 620. Unauthorized disclosures by officers or employees [ 15 U.S.C. 1681r ]. 15 U.S. Code 1692j.

Your failure to substantiate the claim is a violation of our rights. Please settle the account immediately within the next thirty days. Delete the inaccurate information from our consumer report.

You are on notice that you are unlawfully attempting to collect the above-listed alleged debts for the above alleged accounts. Cease and desist all collection activity, including contacting the consumer reporting agencies ( CRAs ) to access our file without written consent from us. 

This letter is evidence that may be provided to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and our state attorney general. The CFPB, FTC, and state attorney general are authorized to fully investigate this matter and receive any information related thereto.

Be advised you have thirty days to respond with the required presentments. We demand you to remove the defamatory files on our credit reports and cease any further collection attempts or communication. If you fail to comply with this letter within the thirty days, we will turn this matter over to the CFPB, FTC, Attorney General of CO, and to a consumer attorney. Once this is complete, we will ask for additional fees. 


Also, your permission to contact us or communicate with us by phone or any other means except by mail through the United States Postal Service is revoked per U.S. Code, 15 U.S.C. 1692c ( c ) Sincerely, By : XXXX XXXX XXXX All rights reserved without prejudice pursuant to UCC 130 Authorized Agent and Executor of the Estate for XXXX XXXX XXXX LEGAL NOTICE 2 of 2 Time to respond - 14 Days From : XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CO XXXX XXXX : XX/XX/XXXX To : PORTFOLIO RECOVERY ASSOCIATES , LLC XXXX XXXX XXXX XXXX, VA XXXX XXXX regards XXXX : DEMAND OF PAYMENT : XXXX : XXXX non-adverse XXXX XXXX XXXX non-combative party, secure creditor with power of attorney general, and executor on behalf of the XXXX XXXX XXXX XXXX, is in possession of your recent voluntary submission of evidentiary documents. 

In accordance with the fair credit reporting act, you have violated our rights. 

Under 15 U.S.C. 1681 section 602, we have the right to privacy You have violated our right to privacy by conspiring with the consumer reporting agencies to pull our consumer reports without written consent from us on four separate dates. 15 U.S.C. 620. Unauthorized disclosures by officers or employees [ 15 U.S.C. 1681r ].

Under 15 U.S.C. 1681 section 619 you have obtained our personal information under false pretenses and you should be fined, imprisoned, or both. 

On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q On XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES , LLC pulled our personal consumer report. 15 U.S.C. 1681 b, 619. 15 U.S.C. 1681q There was/is no credit or contract between you and us. 

You were never given prior authorization or permissible purpose under the FCRA to pull our credit. Therefore, it should not be listed on our credit account as an inquiry. 

As a result of you unlawfully obtaining our consumer report without permission, you are liable to me an actual damage of {$1000.00} per violation. 

We are willing to settle this matter with admitted liability from PORTFOLIO RECOVERY ASSOCIATES , LLC. 

Cease and Desist obtaining copies of our consumer report from the consumer reporting agencies.

Pay us {$4000.00} and deliver it to the address above within fourteen days of receiving this demand.

Please be advised, we are prepared to place a commercial lien on your company if you do not comply with this demand within the fourteen days.

Upon time of receipt of the {$4000.00}, this letter shall be general release of all claims herein.

This letter is evidence that may be provided to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my our state attorney general. The CFPB, FTC, and state attorney general are authorized to fully investigate this matter and receive any information related thereto. 

Be advised, if you fail to comply with this letter within the fourteen days, we will turn this matter over to the CFPB, FTC, Attorney General of CO, and to a consumer attorney. Once this is complete, we will ask for additional fees. 

Also, your permission to contact us or communicate with me by phone or any other means except by mail through the United States Postal Service is revoked per U.S. Code, 15 U.S.C. 1692c ( c ) Sincerely, By : XXXX XXXX XXXX All rights reserved without prejudice pursuant to UCC 130 Authorized Agent and Executor of the Estate for XXXX XXXX XXXX

Company response to consumer: Closed with explanation