Date Received: 2018-10-14T00:00:00
Product: Credit card debt
Issue: Took or threatened to take negative or legal action
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: As of XX/XX/XXXX I have had at least three interactions with your agency in attempts to resolve the issues with the account mentioned above ; in each interaction I have requested that this account be deleted from my credit report. XXXX XXXX response to a XXXX complaint on XX/XX/XXXX is the most recent interaction regarding the account above. In this response XXXX stated that Portfolio Recovery Associates ( PRA ) is not responsible for how information is reported by the credit reporting agency, that I was notified of the debt in accordance with the law, and that PRA validated the account in question. In addition XXXX referred to a judgement that was entered in the state of New Hampshire regarding the matter. I disagree with the stance that XXXX took and again, I am writing to demand that Portfolio Recovery delete any and all collection accounts associated with this account and remove this account from all credit reporting bureaus, as PRA and has willfully violated my rights under the Fair Debt Collection Practices Act.
XXXX stated that I received proper notification of the account. I in fact never received notification of this account and the first time I saw the account was when reviewing my credit report in XX/XX/XXXX when a judgement from PRA showed on the report. I disputed the account with the credit reporting agencies. Following my dispute with the CRA is when I got my FIRST written communication from PRF. Per my credit report, the account had already been on my report since XX/XX/XXXX. In your opinion is a year of negative reporting with no communication to the consumer proper notification based on consumer law? Is failing to give me notification of the debt and my rights to validate this debt an example of PRA practicing in accordance with FDCP?
More concerning than the negligence on the part of PRA in failing to notify me of the debt, is the willful attempt to collect the debt via the courts in a manner that is in violation of FDCP. In XX/XX/XXXX there was judgement on my credit report and I had never received proper service regarding a court case Sometime between XX/XX/XXXX and XX/XX/XXXX PRA filed a civil suit to collect on a debt in a state where I do not reside. PRA was fully aware that I did not reside in NH. Enclosed is a copy of my credit report dated XX/XX/XXXX which clearly shows my address as of XX/XX/XXXX being in New York State. PRA was fully aware of this as this same report shows that PRA pulled my credit report on XX/XX/XXXX and XX/XX/XXXX. Moreover PRAs response to my dispute was mailed to my New York address. As such, PRA can not claim ignorance to the fact that that I did not reside in NH at the time that they filed the suit. Kindly explain how filing a suit in a state that the consumer does not reside in is in accordance with the FDCP?
Per XXXX response there is judgement regarding this account. I have no judgements on my credit report. However, if XXXX claim is accurate, I demand that you rectify the matter and promptly dismiss the judgement through the court system. In XX/XX/XXXX I contacted the courts with proof of my residence, which led to the previous judgement being removed. Please see the enclosed copy of my appeal to the count and the judges response in favor of vacating the judgement. A copy of my request and attached proof of NY residence was sent to the team working on the case yet another point at which PRA was notified of my New York residence. If following receipt of my residence AND the judge agreeing that the judgement be vacated if after all that PRA continued to peruse the matter in a case where they clearly knew I did not reside, you can not continue to claim that PRA is not willful in its attempt to violate my consumer rights!
Company: PORTFOLIO RECOVERY ASSOCIATES INC
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 3045758
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