Consumer complaint received 2016-08-23
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: FL
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX : XXXX XXXX XXXX, XXXX XXXX XXXX : ( Eastern United States ) XXXX XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX : ( Western United States ) XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Attn : Consumer Services Department XXXX Name Removal Option XXXX XXXX XXXX, XXXX XXXX Date : Portfolio Recovery Associates , LLC RE : Account # XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. I am continually being contacted your firm over an alleged debt. According to the information given to us by your firm, the date of last activity by the original creditor was XXXX XXXX. The State of Limitations on this alleged debt, even should it be ours, is X years in the state of ( your state ). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. 
I 'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute : [ 15 USC 1692e ] ( 2 ) The false representation of -- ( A ) the legal status of the alleged debt and ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I 'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. 

Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for " verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. 
I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. I am sure your legal staff will agree that non-compliance with this request could p

Company response to consumer: Closed with explanation