Consumer complaint received 2019-11-18
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Please see attached for full complaint and proof of my claims XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX SSN : XXXX XX/XX/XXXX PORTFOLIO RECOVERY ASSOCIATES XXXX  XXXX   and XXXX  Account # XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) XXXX To Whom It May Concern : I AM RESPONDING TO A COLLECTIONS ACCOUNT ON MY 3 CREDIT REPORTS. This letter is regarding a negative inaccurate account which you claim I owe your company {$650.00}. I have never entered into any legally binding payment obligation with PORTFOLIO RECOVERY ASSOCIATES. The negative remark is not coming from XXXX   XXXX, but from your company. I also have no contractual obligation to PORTFOLIO RECOVERY ASSOCIATES either. The original charge off from XXXX XXXX, was deleted from my reports and marked as inaccurate ( I am attaching the proof of this with this letter ) and was removed from my credit reports in XX/XX/XXXX. 
1. This account was sold to a collections company who has never sent me any notice they acquired it or how they did so. The charge off date on this account is listed as XX/XX/XXXX, while in XX/XX/XXXX XXXX XXXX was reporting this account incorrectly to the bureaus. The debt cant be owned by both companies. 
2. This 3rd party collection company is claiming they are a factoring company as stated on my report. This is a false statement. Charged off accounts are not suitable to be factored and dont meet the requirements to call them guaranteed future income. 
3. The reason PORTFOLIO RECOVERY ASSOCIATES called themselves a factoring company is so they could lie about the date of the charge off/last payment to make an old debt look new and have it been the most harmful to my credit score as possible. The date of purchase/ownership listed by this fraudulent company is XX/XX/XXXX. When I disputed this account while it was under XXXX   XXXX, I received a letter from XXXX  XXXX stating they had erroneously sold the debt to PORTFOLIO RECOVERY ASSOCIATES Please note, that your account was sold on XX/XX/XXXX, to Portfolio Recovery Associates Sincerely, XXXX XXXX, on behalf of XXXX  XXXX. This is reason enough to remove this account from all 3 of my reports immediately. 
4. This account was sold to a collections company who has never sent me any notice they acquired it or how they did so. 
This is a formal notice that your erroneous claim IS now disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. 

Please provide me with the following : 1. PROOF OF PAYMENT AGREEMENT I MADE WITH PORTFOLIO RECOVERY ASSOCIATES NOT CAPITAL ONE, which I have no knowledge of anyways. I want a wet ink signature between myself and your company proving I owe YOU this or any debt you have in my name. 
2. What the money you say I owe is for? 
3. Explain and show me how you calculated what you say I owe? 
4. Provide me with copies of any papers that show I agreed to pay what you say I owe : 5. Provide a verification or copy of any judgment if applicable : 6. Identify the original creditor : 7. Prove the statute of Limitations has not expired on this account 8. Show me that you are licensed to collect in my state 9. Provide me with you license numbers and Registered Agent 10. Please note that I am requesting validation that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you 11. Provide Me The names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof TO ME.

12. Provide the documented proof that you ever gave me notice of the charge off per FCRA LAW 623 ( A ) ( 4 ), 13. Provide the actual charge off date and as stated you must in FCRA LAW 623 ( A ) ( 5 ) A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action 14. Be advised that the method of validation is hereby requested along with the procedure used to determine the accuracy and completenesss of the information is hereby requested. 

As per FTC opinion letter from Attorney General XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. 

Additionally, please provide the names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature? 

Please also be aware that any negative mark found on my credit reports including ( XXXX, XXXX, XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore, if you can not validate the debt, you must request that all credit reporting agencies delete the entry. 

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. 

Failure to respond within 5 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. 
I would be seeking a minimum of {$1000.00} in damages per violation : Defamation Negligent Enablement of Identity Fraud Violation of Fair Debt Collection Practices Act ( including but not limiting to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. 

Thank You, XXXX XXXX

Company response to consumer: Closed with explanation