Consumer complaint received 2025-08-05 00:00:00
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, LLC
State: NC

Complaint narrative:
b'XXXX XXXX XXXX\n\XXXX  XXXX\nXXXX XXXX XXXX  \nXXXX XXXX XXXX\n_____________________\n\XXXX  XXXX\nXXXX XXXX XXXX\XXXX, XXXX XXXXn\nDear XXXX\n\nI recently received a letter from XXXX XXXX as proof that PORTFOLIO RECOVERY SERVICES purchased this debt and are not the holder of a valid contract nor are they a lender of any debt. I\'ve never done business with PORTFOLIO RECOVERY SERVICES. Let this exhibit be proof that PORTFOLIO RECOVERY SERVICES is being deceptive and abusive in illegal debt collection practices. \n    \n                       In light of your recent correspondence sent to me, I XXXX  XXXX never stated anything about fraud. The letter that was sent by XXXX is of an irrelevant matter which has nothing to do with any of the concerns that XXXX  XXXX  demands to be addressed. I clearly addressed the concerns of your company\'s validation and verification methods and reinvestigative procedures on the publication of I, XXXX XXXX, consumer and natural persons personal and private non-public information that should have been protected from non affiliate third party entities per 15 U.S.C.  1681s-2, FCRA 15 U.S.C. 1681b, FCRA section 605B, According to 15 U.S. Code 1692(a) - I have a right to privacy. This is an unrecognized debt that Portfolio Recovery Services is reporting under ASC 860 Transfers and Servicing of the FINANCIAL ACCOUNTING STANDARDS BOARD which makes the reporting of this debt factually false and misleading nor able to produce documentation that this debt is a valid receivable under GAAP which shall include a general ledger showing the loan on the balance sheet, proof of assignment consistent with ASC 860 transfer criteria, and evidence that the asset was not previously sold, securitized or extinguished through insurance, settlement or offset. The FDCPA prohibits deceptive, unfair and abusive practices in the collection of any debt. XXXX XXXX does not have a binding contract with Portfolio Recovery Services. If Portfolio Recovery Services cannot provide documentary proof and adhere to both federal law and accounting standards then it shall be evident that Portfolio Recovery Services did  In fact wilfully, Knowingly and intentionally violate consumer law and failure for XXXX to reinvestigate this matter shall result in their liability under 15 U.S.C. Subsection 1681s-2(b) for failure to conduct a reasonable investigation. This debt is Lawfully derecognized and holds no merit. Under ASC 860, when a lender sells or transfers a loan and meets the criteria for derecognition, the loan is no longer an asset of that lender. It is removed from the books. It no longer appears on the balance sheet. The Institution may record a gain or loss on the transfer, but it does not retain effective control. This is not a subjective matter. It is a rigid accounting rule designed to prevent double representation of financial assets and to ensure truthful reporting to shareholders, regulators, and the public. Yet even after derecognition, the debt is still being reported as owed, active, delinquent without the reporting company verifying ownership, chain of title or compliance with accounting recognition rules. This debt is a charge off and Tax deduction under IRS rules, received insurance or default swap proceeds, and then was sold to the third party debt buyer Portfolio Recovery Services and constitutes a financial disposition of the original asset causing the original asset to be unrecognized. This by law is a legal misrepresentation of fact that this debt actually exists or that the reporting party legally carries this debt as an asset. In accordance with 15 U.S. Code 1692(a)(3), I am a consumer, "Natural Person", and do not owe this alleged debt to Portfolio Recovery Services. Portfolio Recovery Services is in violation of 15 U.S. Code 1692(a)(2) for communication of my non-public personal information to third party entities without my written consent per 15 U.S. Code 1692c(a). According to 15 U.S. Code 1692b(2), Portfolio Recovery Services is in violation of consumers rights for stating that XXXX XXXX even owes this debt without proper due process of law. \n\nThe FAIR CREDIT REPORTING ACT exists to prevent harm to consumers. It requires data furnishers to report only accurate and verifiable information, mandated to conduct a reasonable investigation and correct or delete any information found to be inaccurate or unverifiable in the context of securitized or unrecognized debt. Furthermore, under 15 U.S.C.  1681i(aX7), the consumer has the right to know how the information was verified, including what sources were used, who verified the claim, and what documentation was reviewed.\n\nI specifically stated that if the illegal and unlawful furnishing of my personal and private non-public information is not properly reinvestigated by your agency which involves a NON AFFILIATE THIRD PARTY DEBT COLLECTION AGENCY then that WILL and SHALL be taken as Aggravated Identity theft by your agency as well as Portfolio Recovery Services. As per 15 U.S. Code 1692c(a, I Kimberly Hall never gave PORTFOLIO RECOVERY SERVICES or XXXX  permission to publish non-public personal information nor did I give consent for PORTFOLIO RECOVERY SERVICES to use a consumer credit platform such as but not limited to XXXX, XXXX and XXXX consent in order to coerce me into paying an alleged debt when I, XXXX XXXX  has no contract with PORTFOLIO RECOVERY SERVICES as per 15 U.S.Code 1692d(4). PORTFOLIO RECOVERY SERVICES must provide proof of court documents or court order or proof of written consent by Kimberly Hall as per 15 U.S.Code 1692e(9).\n\n           The return address provided is my primary address as well. I have 2 properties. It is a secondary address that I often use whenever I\'m vacationing at my mom\'s place of dwelling and also can be added to your file that you have on me as an address of interest. I will submit a government issued ID as simple verification of identity. This is not a claim of fraud therefore no other documentation is required of me by law in order for XXXX  to follow the law and validate my initial dispute.\n\nThe original contracting correspondence that I, XXXX XXXX sent on or around the XXXX XXXX XXXX XXXX still stands and Demand for proof of validation of the requested information is still required by law for the interest of the consumer.\n\nUnder the Federal Fair Credit Reporting Act 15 U.S.C. 1681i(a)(6)(B)(iii), consumer demands the method of verification and an in-depth description of the procedure by XXXX. You have 30 days to gather and provide consumer with valid and lawful proof or delete all accounts in question linked to PORTFOLIO RECOVERY SERVICES. \n\nAny agency acting in non-compliance of the law out of the best interest of the consumer will be in willful violation of Executive Order 14215 per Office of Information and Regulatory Affairs.\n\nAny administrative agency who willingly and knowingly conspires against a consumer without proper due process of law in order to coerce the payment of an alleged debt in Any tax matter will be in direct violation of the Treasury Department Office of Professional Responsibility Circular 230, Circular 10 and Accounting Standards code 450 and subjected to civil and criminal penalties under the FTC, SEC and CFPB.\n\nThe response correspondence sent by XXXX  to I, XXXX XXXX does not constitute a lawful nor legal response and therefore does not address the original correspondence sent by I, XXXX  XXXX, noting the requirements set forth in the original correspondence so therefore XXXX  has 15 days to address the original matter at hand. \n\nPlease reference the correspondence sent to Your agency as well as PORTFOLIO RECOVERY SERVICES for the interest depth requirements so established and required by federal law as well as this correspondence as well.\n\nXXXX\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX\nXXXX: XXXX XXXX XXXX XXXX XXXX XXXX\n\nPORTFOLIO RECOVERY SERVICES XXXX: XXXX XXXX XXXX XXXX XXXX XXXX\nXXXX: XXXX XXXX XXXX XXXX XXXX XXXX  \nThank you \nXXXX'

Company response to consumer: Closed with explanation