Consumer complaint received 2024-05-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: PORTFOLIO RECOVERY ASSOCIATES INC (IL)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX XXXX [ XXXX ] Portfolio Recovery Associates LLC Street Address : XXXX XXXX XXXX, XXXX XXXX Mailing Address : XXXX XXXX XXXX XXXX, Virginia XXXX Re : Cease and Desist from Debt Collection Attempts and Reporting for Account Number XXXX To Whom It May Concern, I am writing to formally request that Portfolio Recovery Associates LLC immediately cease and desist from all further communication with me, and from any attempts to collect on the alleged debt associated with my account number XXXX, originally held by XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX Furthermore, I request that you cease reporting any information regarding this alleged debt to any credit reporting agencies. 

Upon reviewing the Nationwide Multistate Licensing System ( NMLS ), it has come to my attention that your company holds a Consumer Installment Loan License under Illinois regulation number XXXX. This license authorizes your business to operate in relation to consumer installment loans and does not permit you to collect on debts that you did not originate, as per the Illinois Consumer Installment Loan Act ( CILA ).

Furthermore, under the Illinois Collection Agency Act ( 225 ILCS 425/ ), any entity engaged in third-party debt collection must possess a valid Debt Collection Agency License. It appears that your company does not hold this required license to collect third-party debts in the state of Illinois. 

Additionally, I would like to highlight the relevant U.S. statutory code regarding charged-off debts. According to the Internal Revenue Code ( 26 U.S.C. 166 ), a debt that is charged off is considered a loss by the creditor and is generally recognized as no longer collectible. Continuing to collect on such a debt can be misleading and a violation of consumer rights.

Moreover, as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), consumers have the right to request in writing that a debt collector cease communication regarding an alleged debt. Upon receipt of such a request, the collector must cease all communication except to notify the consumer of the creditor 's intended actions that are typically a response to this cessation. 

Therefore, I demand that Portfolio Recovery Associates LLC : Cease any and all attempts to collect on the aforementioned debt associated with account number XXXX. 
Cease reporting any information related to this debt to credit reporting agencies. 
Confirm in writing that you have complied with these demands within 30 days of receiving this letter. 
If you do not comply with this cease and desist order, I will consider taking further action to protect my interests, including but not limited to filing complaints with the Illinois Department of Financial and Professional Regulation and the Consumer Financial Protection Bureau ( CFPB ), and seeking legal remedies as advised by my attorney. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX XXXX XXXX The XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Illinois XXXX Re : Cease and Desist from Debt Collection Attempts and Reporting for Account Number XXXX To Whom It May Concern, I am writing to formally request that The Bureaus Inc immediately cease and desist from all further communication with me, and from any attempts to collect on the alleged debt associated with my account number XXXX. Furthermore, I request that you cease reporting any information regarding this alleged debt to any credit reporting agencies. 
Upon reviewing the Nationwide Multistate Licensing System ( NMLS ), it has come to my attention that your company is not licensed to perform any acts related to debt collection in the state of Illinois. This lack of licensing prohibits your company from legally collecting debts or operating as a debt collector within the state.

Moreover, under the Illinois Collection Agency Act ( 225 ILCS 425/ ), any entity engaged in third-party debt collection must possess a valid Debt Collection Agency License. It appears that your company does not hold this required license to collect third-party debts in the state of Illinois.

Additionally, I would like to highlight the relevant U.S. statutory code regarding charged-off debts. According to the Internal Revenue Code ( 26 U.S.C. 166 ), a debt that is charged off is considered a loss by the creditor and is generally recognized as no longer collectible. Continuing to collect on such a debt can be misleading and a violation of consumer rights.

Furthermore, as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), consumers have the right to request in writing that a debt collector cease communication regarding an alleged debt. Upon receipt of such a request, the collector must cease all communication except to notify the consumer of the creditor 's intended actions that are typically a response to this cessation. 
Therefore, I demand that XXXX XXXX XXXX : Cease any and all attempts to collect on the aforementioned debt associated with account number XXXX. 
Cease reporting any information related to this debt to credit reporting agencies. 
Confirm in writing that you have complied with these demands within 30 days of receiving this letter. 
If you do not comply with this cease and desist order, I will consider taking further action to protect my interests, including but not limited to filing complaints with the Illinois Department of Financial and Professional Regulation and the Consumer Financial Protection Bureau ( CFPB ), and seeking legal remedies as advised by my attorney. 
Thank you for your immediate attention to this matter. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX Mailing Address : XXXX XXXX Department XXXX South Highway XXXX, Suite XXXX XXXX, Minnesota XXXX Re : Cease and Desist from Debt Collection Attempts and Reporting for Account Number XXXX To Whom It May Concern, I am writing to formally request that XXXX XXXX XXXX XXXX immediately cease and desist from all further communication with me, and from any attempts to collect on the alleged debt associated with my account number XXXX, originally held by XXXX XXXX. Furthermore, I request that you cease reporting any information regarding this alleged debt to any credit reporting agencies. 
Upon reviewing the Nationwide Multistate Licensing System ( NMLS ), it has come to my attention that your company holds a Sales Finance Agency License under Illinois regulation. This license authorizes your business to operate in relation to the financing of sales and does not permit you to collect on debts that you did not originate, as per the regulations governing Sales Finance Agencies in Illinois. 
Moreover, under the Illinois Collection Agency Act ( 225 ILCS 425/ ), any entity engaged in third-party debt collection must possess a valid Debt Collection Agency License. It appears that your company does not hold this required license to collect third-party debts in the state of Illinois. 
Additionally, I would like to highlight the relevant U.S. statutory code regarding charged-off debts. According to the Internal Revenue Code ( 26 U.S.C. 166 ), a debt that is charged off is considered a loss by the creditor and is generally recognized as no longer collectible. Continuing to collect on such a debt can be misleading and a violation of consumer rights. 
Moreover, as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), consumers have the right to request in writing that a debt collector cease communication regarding an alleged debt. Upon receipt of such a request, the collector must cease all communication except to notify the consumer of the creditor 's intended actions that are typically a response to this cessation. 
Therefore, I demand that XXXX XXXX XXXX XXXX : Cease any and all attempts to collect on the aforementioned debt associated with account number XXXX. 
Cease reporting any information related to this debt to credit reporting agencies. 
Confirm in writing that you have complied with these demands within 30 days of receiving this letter. 
If you do not comply with this cease and desist order, I will consider taking further action to protect my interests, including but not limited to filing complaints with the Illinois Department of Financial and Professional Regulation and the Consumer Financial Protection Bureau ( CFPB ), and seeking legal remedies as advised by my attorney. 
Thank you for your immediate attention to this matter. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, PA XXXX Dear Sir or Madam, I am writing to formally dispute the accuracy of certain information reported on my credit file, which violates my rights under the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681b and 1681e ( b ). These sections mandate that consumer reporting agencies must ensure the maximum accuracy of the information they report and only furnish reports with explicit consumer consent. 

It has come to my attention that my credit report includes charge-offs that are reported inaccurately. Under IRS guidelines, a charge-off is considered canceled or forgiven debt once the creditor writes it off against their taxes. Reporting it as an outstanding obligation is, therefore, misleading and inaccurate, violating 15 U.S.C. 1681e ( b ). 

Additionally, there are unauthorized hard inquiries that are not attached to an active account listed on my credit report. I did not give consent for these inquiries, making their reporting a violation of 15 U.S.C. 1681b, as there was no permissible purpose for these inquiries under the stipulated FCRA guidelines. Please remove all hard inquiries not attached to an active account, as you are not reporting to ensure the maximum accuracy of the information you report, nor have you furnished reports with my explicit consent. Thus, you must remove all collections accounts, all charge-off accounts and all hard inquiries not attached to active accounts. Thank you for your immediate action regarding the following matters below. 



Details of the Disputed Item ( s ) : Creditor Name : [ XXXX ] Account Number : XXXX, XXXX, XXXX ) Reported Item : [ Charge-off accounts ] Creditor Name : [ XXXX ] Account Number : XXXX ) Reported Item : [ Revolving account charge-off ] Creditor Name : [ XXXX XXXX XXXX ] Account Number : ( XXXX ) Reported Item : [ Collections account ] Creditor Name : [ PORTFOLIO RECOVERY A ] Account Number : ( XXXX ) Reported Item : [ Collections account ] Creditor Name : [ XXXX XXXX  ] Account Number : ( XXXX ) Reported Item : [ Collections account ] HARD INQUIRIES : [ All hard inquiries not attached to an active account ] Given these points, I request an immediate removal from my credit report as they have been reported without proper authorization and are inaccurately stated, substantially affecting my credit score negatively. 

I kindly ask that you adjust these inaccuracies promptly and send me an updated copy of my credit report post-correction to the above address. 

Please confirm in writing within 15 days from the date of this letter that you have complied with my requests. Thank you for your prompt attention to this matter. 

Thank you for your cooperation. 

Sincerely, XXXX XXXX XXXX