Filed a complaint against Portfolio Recovery

Anonymous · ‎05-28-2020

Today I filed a complaint with the United States Consumer Financial Protection Agency against Portfolio Recovery Associates. Portfolio Recovery has for the past two years made unauthorized soft checks of my credit. I found this information through the Annual Credit Report website.

In my complaint, I demanded that Portfolio cease and desist from making any further soft pulls on my credit, have these pulls removed from my credit at their time and expense, provide the reason why they made these soft pulls, and provide an appology with an assurance that it will never happen again. They also must agree if it does, I will hold them legally and civilly responsible. Hopefully, this will take care of the issue.

The statue of limitations for the delinquency on which they were trying to collect ended four years ago. Neither side has had contact since then. I'll keep you posted.

Anonymous · ‎05-28-2020

What law did they break and what damage did you suffer from them doing a soft pull? While not a fan of Portfolio, this seems pointless.

Anonymous · ‎05-28-2020

The fact that they have no authorization to look into my credit is enough to file a complaint. It's invasive. It won't affect anything, but they need to knock this off. My credit information is none of their business.

Remedios · ‎05-28-2020

@Anonymous wrote:
The fact that they have no authorization to look into my credit is enough to file a complaint. It's invasive. It won't affect anything, but they need to knock this off. My credit information is none of their business.

Actually, they do.

You owed someone money, and you never paid it back. They bought the account, therefore you owe them money now.

Debt can only be reported for up to 7.5 years, but it doesnt disappear just because it cannot be reported any longer. Debt is valid until satisfied.

They can SP you, there is no permissible purpose requirement for soft pulls.

thornback · ‎05-28-2020

If they own a debt that you owe, they have cause to SP you. Expiration of the SOL only prevents them from suing you to collect payment, it does not mean they must stop attempting to collect.

You have the right (under FDCPA 805(c)) to send a cease communication letter to stop them from sending letters or phone calls to collect on the debt, but you cannot prevent them from other legit collection methods, such as pulling your credit report. FCRA 604 specifically gives colllection agencies with collection authority the right to pull the credit report of the debtee. FYI: they could also hard pull you if they choose...

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Anonymous · ‎05-28-2020

Thanks for the info. What do they gain by doing these soft pulls on my credit? I know they will see that my scores increase, but what else can they use it for?

thornback · ‎05-28-2020

@Anonymous wrote:

Thanks for the info. What do they gain by doing these soft pulls on my credit? I know they will see that my scores increase, but what else can they use it for?

To see if you're paying off other debts - if you appear to be in a financial position to pay them, they'll try to collect.

Personal Aphorism:"Forget What You Feel, Remember What You Deserve"

Starting FICO 8s | 09/2017: EX 641 ✦ EQ 634 ✦ TU 647
Current FICO 8s | 04/2022: EX 796 ✦ EQ 793 ✦ TU 790
Current FICO 9s | 04/2022: EX 790 ✦ EQ 788 ✦ TU 782
2022 Goal Score | 800s

My AAoA: 4.6 years not incl. AU / 4.9 years incl. AU
My AoOA: 9.2 years not incl. AU / 11.2 years incl. AU
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Without patience, we will learn less in life. We will see less. We will feel less. We will hear less. Ironically, rush and more usually mean less.

thornback · ‎05-28-2020

Also - are you sure you only owe the one debt with them? Positive there's not an additional, more recent, debt they may have acquired?

Personal Aphorism:"Forget What You Feel, Remember What You Deserve"

Starting FICO 8s | 09/2017: EX 641 ✦ EQ 634 ✦ TU 647
Current FICO 8s | 04/2022: EX 796 ✦ EQ 793 ✦ TU 790
Current FICO 9s | 04/2022: EX 790 ✦ EQ 788 ✦ TU 782
2022 Goal Score | 800s

My AAoA: 4.6 years not incl. AU / 4.9 years incl. AU
My AoOA: 9.2 years not incl. AU / 11.2 years incl. AU
Inquiries: EX 0/12 ✦ EQ 0/12 ✦ TU 0/12
Report Status: Clean
Garden Status:

Without patience, we will learn less in life. We will see less. We will feel less. We will hear less. Ironically, rush and more usually mean less.

Anonymous · ‎05-29-2020

They have been doing it to me for years, I owe an electric bill from over 11 years ago, haven't really contacted me since sol ran out which in Ohio is 6 years, started getting credit card, especially when I got my 15k platinum started spamming letters threw them in the trash

Anonymous · ‎05-29-2020

Yes. I paid off the other two debts I had from the bad old days; one was with Verizon and the other with my rental company. They both show paid and should come off in the next few months. I have not received any phone calls or mail from Portfolio Recovery in three years.