Taking/threatening an illegal action

Posted on Posted in Complaints, Debt collection

review

I was sued by XXXX XXXX XXXX for an invalid debt XX/XX/XXXX. Court log states that I was allegedly served on XX/XX/XXXX at XXXX. I was never served for this case. In fact at that time on that day in XXXX I was at XXXX University conducting my XXXX from XXXX to XXXX. I then would have gone to babysit my friends kids so she could go to work and not return home till the next day. It is impossible for them to have served one of my neighbors in a case of mistaken identity because I am a XXXX female and at the time was XXXX, my neighbors were a XXXX male XXXX, an XXXX couple XXXX, and an XXXX couple. I feel any descriptive information that could have been provided regarding service was from their serving me for another case XX/XX/XXXX. In addition to having not been served, the debt purchased by Portfolio Recovery was Invalid at the time it was sent to collections as it violated a contractual agreement between myself and Bank of America regarding a 6 month account ” freeze ” to protect my account while I was in Massachusetts attending college and unemployed because my son was diagnosed with XXXX. A huge portion of this debt was encurred as a result of late fees garnered during this period while I was under the impression that my account was frozen. The late fees were then combined with over the limit fees. Additional fees were then added on when the debts were sold from agency to angency all of which sent the XXXX ( XXXX? ) dollar original credit limit to XXXX! I was never able to rectify this discrepancy because when I came back from Massachusetts to find my accounts had gone into default and were sent to collections agencies the account had been sold and resold so much i was unable to identify the agency that had it till I was contacted by XXXX XXXX XXXX prior to their threats to sue. This is reflective of XXXX XXXX XXXX pattern of purchasing debts which they knew were invalid and unenforceable and intimidating consumers with the intent to garner default judgement. XXXX XXXX associates never provided me any information verifying the debt when I previously requested it during a phone call. I was told by an agent that I had to prove it was invalid and when I asked for the account information I was told they did not have the account information from bank of america that would show the arrangements for the freeze.

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