Consumer complaint received 2022-12-02
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
On XX/XX/XXXX I mailed the debt collector ( Portfolio Recovery LLC ) a debt dispute letter. They have denied my dispute stating they sent me a verification back in XX/XX/2022 and because I did not reply to that initial response the debt is valid. According to the Califormia Licensing Act Under Section 1788.52 of the California Civil code, a consumer is allowed to ask to dispute a debt at anytime a debt is being pursued in their name, not just at the very beginning of a debt purchase. That debt dispute would include but not be limited to the contract I ( XXXX XXXX ) allegedly signed to XXXX  XXXX as the bearer of the debt. The original statement from the creditor and explanation of transactions and if their are interest fees the reasoning they were charged. The official documents Portfolio Recovery Associates has that state they are the legal owners of the debt. Providing their license # to collect debt in the state of California and their California branch information. In addition license # and investigation branch in their stationed state of Virginia. Along with all the details of the debt including how much they paid to purchase it. I have provided proof that Portfolio Recovery Associates received my debt validation and dispute request letter on XX/XX/XXXX and signed its delivery. They did not respond within their 30-day validation window from that date. Furthermore, Portfolio Recovery Associates has never sent me a proper debt validation they sent me a debt verification in XXXX of XXXX  which simply stated the debt amount and their company info so their defense is a moot point. I filed a report against Portfolio Recovery Associates LLC with the Consumer Financial Protection Bureau on XX/XX/XXXX and the case was closed stating they sent verification in XXXX. However, I believe this is incorrect because Portfolio Recovery Associates LLC failed to provide me with all the information I requested in a dispute and have a right to under California debt collection law. Specifically they failed to provide the following : -CA license # -CA branch information - the date I allegedly defaulted with original creditor -An official document stating they are the owners of the debt ( Not just a letter paragraph typed up with no legal letterhead or signature from respective parties ) How much they paid for the debt and specific date and time that transfer transaction took place -Names of all purchasers since chargeoff - failed to provide receipt and reasoning for every interest charge since last payment on debt ( explaining how a credit limit of {$300.00} at XXXX of XXXX can accrue over {$130.00} of interest in less than seven months which is the usual chargeoff period ) - also explain the discrepancy of why the balance they are collecting on is {$430.00} when the statement they sent from XXXX XXXX says the last balance was {$420.00}. 

-Not sending the mandatory disclosures clauses required under CA law 1788.52 ( 7.D.1 ) { " A debt buyer shall include with its first written communication with the debtor in no smaller than 12-point type, a separate prominent notice that provides : You may request records showing the following : ( 1 ) that [ insert name of debt buyer ] has the right to seek collection of the debt ; ( 2 ) the debt balance, including an explanation of any interest charges and additional fees ; ( 3 ) the date of default or the date of the last payment ; ( 4 ) the name of the charge-off creditor and the account number associated with the debt ; ( 5 ) the name and last known address of the debtor as it appeared in the charge-off creditors or debt buyers records prior to the sale of the debt, as appropriate ; and ( 6 ) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt. A request for these records may be addressed to : [ insert debt buyers active mailing address and email address, if applicable ]. } Given that I originally disputed this debt XX/XX/2022 and Portfolio Recovery Associates LLC first and only written communication with me has been on XX/XX/2022 and arrived to me on XX/XX/2022 after my dispute with the cfpb on XXXX XXXX XXXX. Along with their lack of good will in abiding by my california consumer rights even when I presented those rights and requests in my original dispute they still refuse to supply such data and protocols that are required of them. As such I believe a fair resolution to this matter would be that the debt account closed and stopped being pursued in my name. Along with the collection being removed from all three reports from the major credit bureaus

Company response to consumer: Closed with explanation