Debt collection -- Took or threatened to take negative or legal action -- Complaint #8161800

Complaint Overview

Complaint ID: 8161800

Company: Portfolio Recovery Associates, LLC

Product: Debt collection

Sub-Product: Credit card debt

Issue: Took or threatened to take negative or legal action

Sub-Issue: Threatened to sue you for very old debt

State: Illinois

ZIP Code: 601XX

Date Received: 2024-01-13T12:00:00-05:00

Date Sent to Company: 2024-01-13T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

Violation ( s ) of : Consumer Financial Protection Bureau V Portfolio Recovery Associates, US District court Eastern District of Virginia Case 2:23-cv-110. Portfolio Recovery Associates has violated the letter of the above named stipulated order entered between PRA and the CFPB. They have sued me in " PORTFOLIO RECOVERY ASSOCIATES , LLC vs. Hontas Farmer Case No. XXXX in the XXXX XXXX XXXX XXXX XXXX Illinois. In doing so they did violate almost every provision of this order. Most directly and clearly they have violated the requirement of the order regarding " Initiating any Debt Collection Lawsuit in which Defendant is suing under a breach of contract claim unless Defendant ( PRA ) possesses documentation of the original contractual terms and conditions applicable to the debt. " PRA is allowed 30 days to send the Terms and Conditions. In a letter from their attorney XXXXXXXX XXXX XXXX they reiterated that these XXXX and XXXX would be sent within 30 days of service of papers. Service of papers was on or about the XXXX of XXXX it is now the XXXX of XXXX. That is the clearest, most concise and most direct violation. They have violated other aspects of this order. The plaintiff did not provide documentation that is compliant with the above referenced order, CFPB v PRA, for initiation of a lawsuit under the theory of breach of contract. a. The alleged OLAD provided does not show a purchase or payment, and certainly is not a document signed by the defendant as stipulated in the order from CFPB v PRA. b. No document signed by the defendant has been provided agreeing to this debts stipulated in the order from CFPB v PRA. c. No document disclosing the full terms and conditions of this contract have been provided at time of lawsuit initiation, as stipulated in the order from CFPB v PRA. d. They have not provided at time of lawsuit filing a listing of the names of all prior owners of the debt, each specific bill of sale for each specific time the debt was sold. e. Finally, the above mentioned failure to provide the original terms and conditions of the contract when suing for breach of contract within 30 days of lawsuit service. This was not done, and has not been done as of this date. Furthermore, I have informed them of my strong suspicion that this debt is utterly false, either the resurrection of an already paid debt or a debt invented from whole cloth. As evidence of this the outfit that I supposedly owe the original debt to has since granted me a credit line of XXXX dollars. Logically if I simply never paid them that would not happen. As of right now the case is pending with a case management date in XXXX of XXXX At which time, or close to this time I intend to move for dismissal on the grounds that this order has been breached, and that their case lacks merit. Either order like Consumer Financial Protection Bureau V Portfolio Recovery Associates, mean something or they do not. We'll find out.

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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