Consumer complaint received 2015-11-10
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt was paid

Complaint:
I requested a investigation/verification of this alleged debt & lates. Failed to provide me with a legal verification/validation of this account. I requested written investigation/verification of an alleged debt, Lates/CO under the XXXX & FDCPA. I requested written investigation/verification of an alleged Lates/CO under the XXXX but to no avail did they investigate/verify the alleged debt or even alleged late pays/charge off on specific dates. I requested a investigation/verification of this alleged debt & lates. I have yet to receive a response - their silence is their agreement to the facts. They failed to provide me with a legal verification/validation of this account under the rules of evidence and the FDCPA within 30 days XXXX. Validation of debts. Yes, in the state of TX a creditor that collects its on debt is covered under the XXXX.I am demanding that " Portfolio Recovery '' delete this account/derogatory information from all credit reporting agencies ( XXXX, XXXX, XXXX ), because they have not abided by the laws of the Federal Trade Commission, XXXX, FCRA, TDCPA. a.When notified of a dispute about information furnished to a CRA, 1681s-2 ( b ) obligates a person to conduct an investigation and report the results to the CRA. 15 U.S.C. 1681s-2 ( b ) ( 1 ). The XXXX Circuit has held that investigation must be a reasonable one " to determine whether the disputed information can be verified. '' XXXX., XXXX XXXX XXXX, XXXX ( XXXX Cir. XX/XX/XXXX ) .b.As the court noted in XXXX , XXXX. XXXX XXXX, XX/XX/XXXX XXXX ( XXXX XXXX XX/XX/XXXX ), " the majority of courts considering the question have drawn upon defamation 's traditional 'multiple-publications rule '. Under this rule, each publication of the same falsehood by the same defamer is a separate cause of action, thus starting the limitations clock anew. '' ( citing Restatement ( XXXX ) of XXXX XXXX ( XXXX ). In the FCRA context, this means each transmission of an erroneous credit information is a separate FCRA violation. Portfolio Recovery did n't answer the following that I asked for below and signed contract agreement : *A copy of the original signed credit application showing the terms of the agreement. *A summary of all account activities, including all payments made, late charges, interest, date of payments received, date of payments posted, charges made, and date of charges posted. *Copies of all documents and financial instruments used to pay the disputed late payments. *Copies of all charge slips, invoices, promissory notes, and all other documents proving indebtedness. *Copies of all documents sent to me regarding my account. *Please provide proof that the alleged account was in fact late and that you have taken the necessary steps to properly investigate your allegations. Also, Portfolio Recovery failed to notify me about reporting derogatory info. In section 603 ( p ) 15 U.S.C.ss 168s-2 ( a ) ( 7 ) ( A ) ( I ) ; " The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after '' XXXX XXXX XXXX '', furnishing the negative information to a consumer reporting agency described in section 603 ( p ), ' 15 U.S.C.ss 1681s-2 ( a ) ( 7 ) ( B ) ( I ). Plus broke commercial law under UCC 9.501 that all notices were timely and properly given by dated certified mail receipt. They were not met.

Company response to consumer: Closed with explanation