Consumer complaint received 2023-01-10
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This complaint is against Portfolio Recovery because they are reporting on my consumer files claiming I owe them a debt in regards to a XXXX XXXX  account. I have sent this company a debt validation request directly to there Disputes mailing address XXXX XXXX XXXX, XXXX VA XXXX on XX/XX/XXXX tracking XXXX. Portfolio Recover had recieved my request on XX/XX/XXXX. Portfolio Recovery has sent a correspondence XX/XX/XXXX stating that the documents attached to there letter establishes the validity of this account. The documents that were attached to there letter was 2 XXXX XXXX  statements. To my understanding without proper validation proof, I have full right to refuse to pay a alleged debt to this debt buyer 1692c ( c ) until proper validation has been supplied. Statements is not a form of proper validation that the courts will use to grant this alleged debt valid. The same validation information I requested will be the same information requested in court. The fact that Portfolio Recovery is verifying the validity of the account by providing only statements, tells me this debt buyer does not have legal proof nor any form of contract bearing my signature. 

Portfolio Recovery did NOT provide a notice of sale, original contract between myself and the original creditor or a signed agreement between myself and this company agreeing to pay them what they claim I owe. So as a consumer, after I requested validation proof and only recieved statements as a response claiming to be validity, I DO NOT VALIDATE this alleged debt this company is claiming I owe and as far as im concerned by this company only providing me with statements this company is commiting FRAUD because they are advertising on my private non public consumer files making me feel as though coerce payment in necessary 1692d ( 4 ). 

XX/XX/XXXX I sent Portfolio Recovery a direct letter once again putting them on notice of the violations and the specific errors they are reporting to the consumer reporting agencies tracking XXXX and they received my letter on XX/XX/XXXX and Portfolio Recovery responded on XX/XX/XXXX specifying that Because your dispute alleges no new facts and includes no new information in which to form the basis for anew investigation, we will not be conducting another investigation of the dispute pursuant to 15 u.s.c 1681s-2 ( a ) ( 8 ) ( F ) ( i ) ( ll ) of the FCRA. I disagree with portfolio because the last letter I sent them I specified each error that was reporting on my consumer files but portfolio recovery is claiming I didnt attach no new facts? 

This account is reporting a past due {$720.00}, a payment history, a term and a on record until XX/XX/XXXX with XXXX. XXXX is reporting a past due {$720.00}, there misrepresenting themselves as a XXXX XXXX Account and the 7 year reporting date to be XX/XX/XXXX. The statement that I received says the this account was 6 months past due for the statement closing date of XX/XX/XXXX, this tells me that the date of commencement that led to the delinquency occurred on XX/XX/XXXX, further more proving that XXXX nor XXXX was not the month of the XXXX delinquency to determine the 7 year reporting period 1681c ( c ) ( 1 ). So the fact that portfolio recovery denies there are any inaccuracies being furnished to the CRAs is completly false. This account Portfolio Recovery original creditor XXXX XXXX  has not been validated and information is in fact being reported inaccuractly. Portfolio Recovery clearly specifies themselves as a debt collector so the fact that they are reporting as a XXXX XXXX Account is a FCRA violation of false misleading representation because Portfolio Recovery is using another COMPANY reference themselves other than the true name of the debt collectors business 1692e ( 14 ). Portfolio Recovery is practicing UNFAIR practices because they are trying to collect a amount that was not permitted by law for them to collect on in the first place 1692f ( 1 ). It is not my fault that debt buyers purchase debts for pennies without legal validation proof included. I also believe that this debt buyer is misrepresenting themselves as a creditor because the fact they are reporting a past due and a payment history with XXXX. Portfolio Recovery never extended me credit and without proper validation, I do not owe Portfolio Recovery, therefor themselves misrepresenting themselves as a creditor is unlawful. Ive made it very clear on the definitions regarding a debt collector and a creditor in the last letter I sent them that I got directly from the FDCPA handbook 1692a ( 4 ) the term creditor means who offers or extends credit creating a debt or to whom a debt is owed, but such term DOES NOT include any person to the extent that he receives an assignment or transfer to the debt in default solely for the purpose of facilitating collection of such debt for another. Portfolio Recovery CLEARLY did NOT extend me creditor and without validation proof, I DO NOT owe portfolio recovery anything. Therefore Portfolio Recovery is NOT a creditor and should not be reporting as a creditor on my consumer files. 

1692a ( 6 ) ( F ) ( ii ) the term debt collector does NOT include any person collecting or attempting to collect any debt owed or due that concerns a debt which was originated by such person. 

In addition, I have the last statement from XXXX XXXX  before Portfolio Recovery purchased this account in the following month of XX/XX/XXXX. In the last statement of the statement closing date of XX/XX/XXXX, it clearly specifies the New Balance was {$720.00} with a Past Due Amount of {$340.00} and a Payment Due Date XX/XX/XXXX. The Balance that Portfolio Recovery is currently trying to collect on is {$720.00}. If this statement was not the last statement produced then the XX/XX/XXXX Statement Closing Date would generate the previous balance of {$720.00} plus the Fees charged of {$37.00} and Interest Charged as well resulting in the current balance to not be {$720.00} any longer. If that is true then the amount Portfolio Recovery purchased this debt for in XX/XX/XXXX would have to be more than {$720.00}. and if its not true then that would mean the final past due amount on record was {$340.00}. 

My privacy has been violated and Portfolio Recovery is NOT abiding by the FDCPA. This debt has not been proven under my name legally therefore I do not validate this debt. Ive given portfolio a chance to provide me with proof other than statements and I have not received any legal documents. I have given Portfolio Recovery notice of the inaccurate inconsistent information being reported directly. I have disputed with the consumer reporting agencies. I have given Portfolio plenty of time to produce such records that they shall have in order to assume this debt valid. Without validation proof I refuse to pay a alleged debt Im not obligated to pay for. Portfolio Recovery is committing fraud by reporting not only inaccurate inconsistent information with the consumer reporting agencies but reporting a alleged debt on my private non public consumer report illegally and damaging my credit worthiness with future financial institutions. I have already been denied for a XXXX Credit Card for the reason being there were errors found on your consumer file XXXX has advised me to reach out to the consumer reporting agencies to fix these errors and I have already tried that.

Company response to consumer: Closed with explanation