Consumer complaint received 2020-10-28
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: WA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
In XX/XX/XXXX I received a letter from Portfolio Recovery Associates, LLC informing me that they have an account in their offices under my social security number and requested that I pay the full amount {$700.00} within the next 30 days or they will bring legal judgement against me. This was the first time that I request validation of this debt made pursuant to the Fair Debt Collection, and the Fair Credit Reporting Act, along with the corresponding local state laws. I inform them ( PORTFOLIO RECOVERY ASSOCIATES, LLC ) that I am requesting validation that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay them ( PORTFOLIO RECOVERY ASSOCIATES, LLC ) this debt or any other debt under my social security number. Additionally, I REQUEST THAT THEY SEND ME THE NAME, ADDRESS, AND TELEPHONE NUMBER 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. This was the beginning of a long battle to clear up a problem with this company. After my first request, I did not receive the requested information in XXXX, XXXX and now in XXXX, but this account STILL remains on my credit report as of today XX/XX/XXXX. 

After several attempts ( by sending registered letters and contacting them by phone ) with disputing this account, I have yet to receive the validation that I was requesting for this debt. Instead, I got proof that they ( PORTFOLIO RECOVERY ASSOCIATES, LLC ) purchased this debt on XX/XX/XXXX and a printout of previous year 's statement ( s ) from the original creditor, and this is what they consider as proof of validation of this and all debts. Now, after trying to get this account validate or removed from my credit report ( s ), PORTFOLIO RECOVERY ASSOCIATES, LLC refused to remove this unverified account from my credit report. 

On XX/XX/XXXX, I contacted Portfolio Recovery Associates, LLC at XXXX and I spoke with XXXX XXXX ( dispute department ), and request that this account be removed from my credit report ( s ) since they did not send me the requested documents proving that this account was validated. I asked Ms. XXXX if she understood the FCRA Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 6 ) and ( 7 ) and she said that she did know the FCRA rules. I then stated to Ms. XXXX Since she was knowledgeable of these rules/polices and she understood this policies, then she should know that the documents that was sent to me did not establish Validation of a debt nor was it proof enough to verify this debt. I inform Ms. XXXX that documents that was sent to me, only establish that her company purchased this debt from the original creditor, and that per ( FTC option letter from ATTORNEY XXXX XXXX XXXX, A PRINTOUT OF A BILL AND OR PROOF OF ACQUISITION OF A DEBT AND ITEMIZED DOCUMENTS ) does not, and can not constitute as VERIFICATION AND OR VALIDATION OF ANY DEBTS. I was told by Ms. XXXX that the documents that was sent to me ( a letter saying that they acquired this debt on XX/XX/XXXX AND previous years ' credit card statements from the original creditor ) was VALIDATION ENOUGH for them to verify that this debt is mine and that they will not remove this account from my credit report ( s ). I even ask Ms. XXXX if she knew about the CDIA ( Consumer Data Industry Association ) new laws for collection agencies, where collection agencies can no longer report any debts that WAS NOT the result of a contract or agreement to pay, but she did not REPLY TO THIS QUESTION, but she continue to say that this account was verified and it will not be removed from my credit report. 

On XX/XX/XXXX, I received two letters dated XX/XX/XXXX, one said the same as the previous ones stating that this account was assigned and transferred by the seller to PORTFOLIO RECOVERY ASSOCIATES, LLC on XX/XX/XXXX. The other letter stated that : SINCE I DID NOT SEND THEM REQUESTED DOCUMENTS THAT THEY CLOSED THIS DISPUTE!!! I called PORTFOLIO RECOVERY ASSOCIATES, LLC again at XXXX on XX/XX/XXXX and spoke with XXXX XXXX to ask about the closing of this dispute. I was told that they sent a letter on XX/XX/XXXX requesting additional information from me ( WOW, REALLY?? ) I informed Ms. XXXX that I never received this letter but I did receive their letters dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX & XX/XX/XXXX and NOT ONE of these letters requested any ADDITIONAL INFORMATION FROM ME!!! I also informed Ms. XXXX that in response to the XX/XX/XXXX & XX/XX/XXXX letters, I emailed them my request for VALIDATION OF THIS DEBT to their ( Disputes E-Mail Address : [ PORTFOLIO RECOVERY ASSOCIATES, XXXX ] ) on XX/XX/XXXX and she acknowledge that they did receive my email, but they still CLOSED THIS DISPUTE. At that time, I ask MsXXXX XXXX if closing this dispute meant that they ( Portfolio Recovery Associates ) will be removing this INACCURATE, UNVERIFIABLE AND/OR UNFAIR ITEM from my credit report and she said NO this account will remain on my credit report and they will continue to collect on this account. One point I wanted to make with Ms. XXXX was ; how is it that Portfolio Recovery Associates sent a letter to me on the XXXX of XXXX requesting additional information but on the XXXX of XXXX. Portfolio Recovery Associates can closed this dispute because I did not send THAT ADDITIONAL INFORMATION? I did not get a reply to that statement. I also informed Ms. XXXX that when I received the two letters dated XXXX XXXX, XXXX & XXXX XXXX I replied to them by sending my email to their dispute department on XXXX, XXXX, XXXX ( that she acknowledge that they did receive ) and sent a Certified letter on the XXXX of XXXX ( all within the 30 days window ) but they can say that they sent me a letter ( requesting addition information for this dispute ) on the XXXX of XXXX and on the XXXX of XXXX close this dispute because I did not send THEM the requested information. SO, I GET LESS THAN A DAY TO RESPOND TO THEIR REQUEST BUT I HAVE TO ALLOW THEM 30 DAYS TO RESPOND TO MY REQUEST!!!!

I dont understand how this collection agency ( Portfolio Recovery Associates ) can put any INACCURATE, UNVERIFIABLE OR UNFAIR ITEM on my credit report ( s ) ( without a contract or agreement to pay ) and when I request VALIDATION OF THIS DEBT they can say it was VERIFIED ( without proof ) and keep it on my credit report. How could Portfolio Recovery Associates, violated the FCRA and FDCPA laws by
THEIR willful non-compliance to these laws, by refusing to remove this unverified item from my credit report, as well as : Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) AND Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ), by keeping this INACCURATE, UNVERIFIED AND NON VALIDATED ITEM ON MY CREDIT REPORT ( S )!! I have also tried to dispute this account with all three of the credit bureaus ( XXXX, XXXX  and XXXX  ) but they all said that the y can not remove this INACCURATE, UNVERIFIED AND NON VALIDATED ITEM ON MY CREDIT REPORTS because they stated that PORTFOLIO RECOVERY ASSOCIATES, LLC., said that this was verified as accurate!!! HOW?!!! I HAVE REPEATEDLY ASK PORTFOLIO RECOVERY ASSOCIATES, LLC, XXXX, XXXX  AND XXXX  TO DELETE THIS INACCURATE, UNVERIFIED AND NON VALIDATED ITEM FROM MY CREDIT REPORT BUT THEY ALL REFUSE!!!! HOW IT THAT ALL FOUR OF THESE BUSINESSES
ARE ABLE TO VIOLATE THE LAWS THAT THEY ARE GOVERNED UNDER AND THERE IS NOTHING THAT CAN BE DONE ABOUT IT?

Also, I sent Certified Letters to Portfolio Recovery Associates, XXXX, XXXX and XXXX  about this matter. USPS Tracking Information ( Portfolio Recovery Associates ) XXXX ( Tracking # ) Sent XX/XX/XXXX Received XX/XX/XXXX and on XXXX ( Tracking # ) Sent on XX/XX/XXXX & Received on XX/XX/XXXX and again on XX/XX/XXXX XXXX Sent XX/XX/XXXX & received XX/XX/XXXX Sent Certified Letter to XXXX  ( XXXX ) Sent XXXXReceived XXXX XXXX  ( XXXX ) Sent XXXXReceived XXXX XXXX  ( XXXX ) Sent XXXXReceived XX/XX/XXXX

Company response to consumer: Closed with explanation