Consumer complaint received 2018-01-29
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Dear Madam or Sir : SinceXX/XX/XXXX when I noticed some negative trade line ( s ) reported by this company to my credit files, I have been trying to obtain Validation based upon FDCPA and Californias Fair Debt Buying Practices Act via certified mail, but up to this date I have received NO requested documents. This entity keeps sending just unauthenticated one page statement without any bill of particulars which is clear violation of Fair Debt Buying Practices Act. Based upon FDBPA any Debt Buyer must comply with the following : The account balance when the creditor charged off the debt the amount of interest and fees added after the charge-off the date of the last payment you made or the default date the charge-off creditor 's name the account number of the charge-off debt the debtor 's name and address that was on file with the charge-off creditor the names of every entity that ever purchased the debt, and a copy of the contract with the original creditor. 
FDBPA section1788.52 A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses the following information : ( 1 ) That the debt buyer is the sole owner of the debt at issue or has authority to assert the rights of all owners of the debt.

( 2 ) The debt balance at charge off and an explanation of the amount, nature, and reason for all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt. This paragraph shall not be deemed to require a specific itemization, but the explanation shall identify separately the charge-off balance, the total of any post-charge-off interest, and the total of any post-charge-off fees.

( 3 ) The date of default or the date of the last payment.

( 4 ) The name and an address of the charge-off creditor at the time of charge off, and the charge-off creditors account number associated with the debt. The charge-off creditors name and address shall be in sufficient form so as to reasonably identify the charge-off creditor. 
( 5 ) The name and last known address of the debtor as they appeared in the charge-off creditors records prior to the sale of the debt. If the debt was sold prior toXX/XX/XXXX, the name and last known address of the debtor as they appeared in the debt owners records on XX/XX/XXXX, shall be sufficient. 
( 6 ) The names and addresses of all persons or entities that purchased the debt after charge off, including the debt buyer making the written statement. The names and addresses shall be in sufficient form so as to reasonably identify each such purchaser. 
( b ) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtors agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement. 


As you are aware laws are very clear in validation of debt specially Californias FDBPA. This entity has violated many laws including but not limited to the FDCPA, FDBPA, FCRA, FCBA and many other Federal and State laws. I have filed complaints with the BBB and AG of state of California and in both instances they just provide the same unauthenticated copy of statement without any details, without any contract and without any of the requirements of the above laws. As you can see this entity is breaking many laws and getting away with it. Please assist me in this matter since there is NO justification for their illegal act. It is necessary to say that these companies are NOT collection agencies collecting for a third party, they are debt buyers and collecting for themselves and they must follow particular laws differently than regular collection agencies. 
This company is very notorious and has no respect to laws or any authorities at all. They grudge with people and it is illegal and unethical. 
In the event that you intend to file a class action lawsuit against them I will be more than glad to participate.

Company response to consumer: Closed with explanation