Consumer complaint received 2024-09-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: PORTFOLIO RECOVERY ASSOCIATES INC (NV)

XX/XX/XXXX LEGAL NOTICE TO : XXXX XXXX XXXX XXXX - CONSUMER DISPUTES DEPARTMENT and LEGAL DEPARTMENT Cc : CFPB CONSUMER FINANCIAL PROTECTION BUREAU XXXX XXXX XXXX, Consumer XXXX XXXX, CONGRESSIONAL REPRESENTATIVE Internal Revenue Service Legal Departments for : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 10 DAY NOTICE CIVIL ACTION WARNING and DEMAND FOR REMOVAL OF DEROGATORY ITEMS FROM CONSUMER REPORT OF XXXX XXXX XXXX IN XXXX XXXX XXXX XXXX XXXX RESPONSIBILITIES OF CRAs and FURNISHERS ; 15 USC 1681 e b ACCURACY OF REPORT ; and 15 USC 1681n CIVIL LIABILITY FOR WILLFUL FAILURE TO COMPLY WITH FCRA requirements and laws TO WHOM IT MAY CONCERN, On behalf of our client, XXXX XXXX XXXX, we are writing to formally request removal of derogatory items from the aforementioned consumer report in accord with the FAIR CREDIT REPORTING ACT ; 15 USC 1681 s2 AND 15 USC 1681 e b.

There appears to be clear and present violations in the FAIR CREDIT REPORTING ACT as it pertains to the numerous errors and inaccuracies willfully being reported on the aforementioned XXXX credit report, AFTER reporting agencies and furnishing parties WERE previously notified of such inaccuracies and errors ( on several documented occasions ) but nonetheless continued reporting such inaccuracies. 




XXXX XXXX XXXX XXXX 10 DAY NOTICE and DEMAND TO REMOVE DEROGATORY ITEMS FROM CONSUMER REPORT It also appears, for lack of any other reasonable conclusion, that the reporting agencies allegedly used deceptive practices to mislead the consumer into believing a proper and thorough investigation had been conducted numerous times prior to concluding that the inaccuracies reported by the consumer were NOT valid and therefore would remain on the consumers report as is. 

The following agencies were duly notified and the responsible parties were asked to correct such inaccuracies or delete them : 1. The CRAs 2. The COLLECTION AGENCIES ACCOUNTS WERE SOLD TO ( as applicable ) 3. The ORIGINAL CREDITORS 4. The CFPB In accordance with 1681n, on behalf of client XXXX XXXX XXXX, we will also seek civil liability damages of not less than {$1000.00} ( one thousand dollars ) per item for willful failure to comply with FCRA requirements and laws for each violation outlined on the attached pages. 

Under the FCRA, the right of a consumer to dispute his or her inaccuracies on their credit report and call for those inaccuracies to be immediately corrected or removed should not be taken lightly as such willful neglect and oversight is the very core of why FCRA laws came to exist. It is also the right of a consumer to expect truthfulness in accord with such a critically sensitive and personal issue at stake. Misleading the consumer to believe a thorough and proper investigation OF THEIR CONSUMER REPORT had been completed, when it had not, is improper and fraudulent. 

We kindly request, for the final time, prior to filing a civil complaint against the responsible parties, that a THOROUGH AND PROPER investigation BE CONDUCTED INTO THE ACCOUNTS THAT ARE REPORTING INACCURATELY. These accounts, once properly investigated, will confirm the inaccuracies alleged, and should therefore be immediately REMOVED from appearing on our clients report AND causing further harm. 

We feel that sufficient time ( far beyond 30 days ) has lapsed and is far beyond what is reasonable time to correct the errors ; that sufficient attempts have been made by our client to notify each of the CRAs, and other responsible parties, of the errors and have such inaccuracies corrected or removed ; and enough damage has been caused as a result of the inaccuracies not being corrected or removed. 

XXXX XXXX XXXX XXXX 10 DAY NOTICE and DEMAND TO REMOVE DEROGATORY ITEMS FROM CONSUMER REPORT We further conclude that proper investigations and verifications of these accounts were not previously done as reported to the consumer. Therefore, the following actions are warranted : In summary, we demand : Immediate removal of items being reported inaccurately on the XXXX consumer report for XXXX XXXX XXXX as outlined on the attached pages. 
Statutory damages of not less than {$1000.00} ( one thousand dollars ) per inaccuracy that had been previously reported but knowingly continued to report and that has led to harmful consequences suffered by our client. Such monetary damages should be directed to : XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX. 
Written notification of the results of a THOROUGH and PROPER investigation to both XXXX XXXX and XXXX XXXX directly at their respective addresses noted on this document. 
A 1099C PROFIT AND LOSS STATEMENT issued to the consumer for every applicable account reported as a charge off ( profit and loss ) for proper IRS filings. 






XXXX XXXX SENIOR AGENT ________________________________________________________________________ XXXX XXXX  Legal XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXXXXXX / Phone : ( XXXX ) XXXX The following items are being reported inaccurately on the XXXX XXXX report for XXXX XXXX XXXX XXXX XXXX XXXX FCRA 15 USC 1681 addresses many such concerns and responsibilities of credit reporting agencies and furnishers of information including, but not limited to, information reported must be reported with maximum possible accuracy ; violations concerning reporting of inaccurate information after notice and confirmation of errors ; reporting information with actual knowledge of errors ; duty of furnishers to provide accurate information. I HAVE ATTACHED 15 USC 1681 for your review. 

XXXX : XXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects a different last payment date than the other bureaus. If information reported comes from the same source, the information should be the same on ALL reports. 

XXXX XXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$600.00}. It can not be both a profit and loss AND balance still owing. 
-This account reflects a different last payment date than the other bureaus. If information reported is from the same source, it should reflect EXACTLY THE SAME ON ALL REPORTS. 

Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 


XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be XXXX charge off date. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy XXXX, but also manipulates the statute of limitations for this account. 



XXXX  XXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be XXXX charge off date. 
-This account reflects a different last payment date. If information reported is coming from the same source, the information should be the same. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 

- INACCURATE AS REPORTED INCLUDED IN XXXX  XXXX PETITION. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 

PORTFOLIO RECOVERY ACCT : XXXX LAST PMT : -This account reflects an amount past due OF {$970.00}, and at the same time reports account as no late payments. This XXXX agency did not receive permission from consumer to purchase account ; collect on account ; and report information concerning the account. 

A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A GROUNDS FOR REMOVAL. MORE THAN 30 DAYS HAS PASSED. 

XXXX XXXX ACCT : XXXX LAST PMT : -This account reflects an amount past due OF {$4400.00}, and at the same time reports account as no late payments. This XXXX agency did not receive permission from consumer to purchase account ; collect on account ; and report information concerning the account. 

A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A GROUNDS FOR REMOVAL. MORE THAN 30 DAYS HAS PASSED. 


XXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be XXXX charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$1500.00}. It can not be both a profit and loss AND balance still owing. 
-This account reflects a different last payment date than the other bureaus. If information reported is from the same source, it should reflect EXACTLY THE SAME ON ALL REPORTS. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy XXXX, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A XXXX has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 



XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be XXXX charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$490.00}. It can not be both a profit and loss AND balance still owing. 
-This account reflects a different last payment date than the other bureaus. If information reported comes from the same source, the information should be the same. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy XXXX, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A XXXX has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 


XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A GROUNDS FOR REMOVAL. 


XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects a different last payment date from the other bureaus. If the source of information is the same and a legitimate source, the information reported should be exactly the same. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 



XXXX  XXXX BANKRUPTCY ACCT : XXXX -This account CAN NOT BE VERIFIED THROUGH THE BANKRUPTCY COURT OF XXXX  XXXX THE ORIGINAL SOURCE and must be removed. 

WE ARE UNSURE OF WHAT XXXX XXXX YOU HAVE TO DISCLOSE AND REPORT THIS INFORMATION WITHOUT PROPER VERIFICATION FROM THE ORIGINAL SOURCE BEING THE BANKRUPTCY XXXX XXXX XXXX, BUT THE BANKRUPTCY COURT OF NEVADA DOES NOT VERIFY, FURNISH OR ALLOW OR SHARE ANY PUBLIC INFORMATION. You will need first hand knowledge from the primary creditor. 


XXXX  XXXX BANKRUPTCY ACCT : XXXX -This account CAN NOT BE VERIFIED THROUGH THE BANKRUPTCY COURT OF XXXX  XXXX THE ORIGINAL SOURCE and must be removed. 

WE ARE UNSURE OF WHAT XXXX XXXX YOU HAVE TO DISCLOSE AND REPORT THIS INFORMATION WITHOUT PROPER VERIFICATION FROM THE ORIGINAL SOURCE BEING THE BANKRUPTCY XXXX XXXX XXXX, BUT THE BANKRUPTCY COURT OF NEVADA DOES NOT VERIFY, FURNISH OR ALLOW OR SHARE ANY PUBLIC INFORMATION. You will need first hand knowledge from the primary creditor.