Consumer complaint received 2022-08-10
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: NM
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
This is a response letter in reference to a summons/lawsuit letter I received on XX/XX/22. This summons claims I owe the plaintiff {$4500.00} issued by Portfolio Recovery Associates. 

Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. 

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 

There is mention of multiple companies in the documentation you sent : XXXX XXXX XXXX Portfolio Recovery Associates XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX I am aware that section 609 of the FCRA requires that you provide me with a contract bearing my signature. Please forward me all signed documentation on this account and verifiable proof of this account belonging to me. 


The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 

State the amount of the debt when you obtained it, and when that was. 

If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. Please forward breakdown of any fees. 

If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 

Tell me when the creditor claims this debt became due and when it became delinquent. 

Identify the date of the last payment made on this account. 

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

Details about your authority to collect this debt. 

I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

Has your firm done research and due diligence in reviewing original account-level documentation confirming the alleged debt? 


I have asked for this information because I have some questions. I need to hear from you to make an informed decision about your claim that I owe this money. I am open to communicating with you only for this purpose. In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion. 


Additionally any reporting of this debt to the credit bureaus prior to allowing me to validate it may be a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agent. I will await your reply with the above required proof. ( which, I am allowed under the FDCPA ) If you have good reason to believe that I am responsible for this debt, mail me the documents that make you believe that. Stop all other communication with me and with this address, and record that I dispute having any obligation for this debt. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ), also report that the debt is disputed. 

Furthermore, I see CFPB took action against Portfolio Recovery Associates, XXXX XXXX, and XXXX for violating the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act. See attached. 
I believe Portfolio Associates has violated the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act and have filed a formal complaint with Consumer Financial Protection Bureau XXXX

Company response to consumer: Closed with explanation