Consumer complaint received 2023-05-25
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:
I send them a certified mail back in XXXX asking for the verification and proof of the debt USPS tracking XXXX Proof Claim and Debt Validation DATE : XX/XX/2023 PORTFOLIO # XXXX From : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Ca XXXX Request : Validation and Proof of Claim I recently pulled my XXXX credit report and found PORTFOLIO RECOVERY ASSOCIATES ( will be referred to as PORTFOLIO or you ) is listing I owe PORTFOLIO a debt. The account number is showing as XXXX for the claimed amount of {$16000.00}. I found similar accounts from PORTFOLIO on XXXX and XXXX ( see bottom ). Please see the attached XXXX credit report for your reference. If you are unable to match any such account to me please update my credit reports on all three credit bureaus as well any affiliated vendor or law firms if any. This action to update my credit reports must be done effective immediately. 
As I have no account with PORTFOLIO, nor am I your customer, nor have I entered into a contract with PORTFOLIO, I request the following documentation to which I am entitled under Title 15 USC 1692 et. seq., the Fair Debt Collection Practices Act ( FDCPA ) : 1 ) What date did PORTFOLIO send me the 30 days that your PORTFOLIO was attempting to collect a debt? Please provide a receipt of this notice and the original plus subsequent notices. 
2 ) Please evidence of your authorization to do business in my state. Please provide the California State DFPI license and the NMLS license of any agent of PORTFOLIO that has made any attempts directly or indirectly to collect this alleged debt.

3 ) Please provide evidence of PORTFOLIO 's authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. Such proof should be signed by an employee of XXXX XXXX XXXX  and should list my full account at XXXX XXXX XXXX.

4 ) What is your authorization of law for your collection of information? Please provide all assignment information including the complete non-redacted bill of sale. Has PORTFOLIO followed all the assignment rules in connection to debt?

5 ) What is your authorization of law for your collection of this alleged debt?

6 ) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet or a non-typed signature. Specifically in regards to PORTFOLIO Account XXXX with complete non-redacted account information. Included all relative information. 
XXXX ) Please show proof to establish balances, payments, interest rate disclosures, etc. as alleged on the credit report specifically in regards to Account PORTFOLIO XXXX from the date of inception to the claimed amount of {$16000.00} showing on my credit report. 
XXXX ) PORTFOLIO is showing XXXX XXXX XXXX XXXX. as the original creditor. If in fact, this is true I request a printed copy of this Card User Agreement and the whole account number from XXXX XXXX XXXX specifically in regards to XXXX. 




XXXX ) Was this alleged debt account purchased from XXXX XXXX XXXX with any restrictions that limit the collection activity of PORTFOLIO such as bringing forth lawsuits on any alleged debtors? Please list all restrictions that govern the sale of the alleged debt specifically in regard to XXXX. This can not be a blanket statement from a collection agency employee, vendor, or collection agency plaintiff lawyer. This statement must be made by a XXXX XXXX XXXX  employee. 
XXXX ) Has an attorney reviewed the validity to collect on this account and possible restrictions? Has the attorney reviewed all restrictions to the allowable collection activity of an alleged debt? If so please provide a sworn statement for this by a California licensed attorney stating All information has been personally verified by me, this is an enforceable debt, all rules of assignment have been followed which included being able to bring court action against the alleged debtor, and I have read the entire nonredacted assignment contract from the original creditor and all re-assignments. This statement from the attorney must be made under penalty of perjury. 
XXXX ) What guarantees were made to the validity and accuracy of the dollar amount, interest, or fees of the alleged debt from XXXX XXXX XXXX  to PORTFOLIO specifically in regards to Account XXXX? 
XXXX ) Has a 1099C been issued in regards to PORTFOLIO Accnt # XXXX from PORTFOLIO or XXXX XXXX XXXX? 
XXXX ) Please provide a privacy document when I have granted the original creditor permission to share my private information in collection with PORTFOLIO for this alleged debt. Additionally, provide subsequent privacy documents if this alleged debt was purchased from any other related business entity other than the creditor. 
XXXX ) Please provide signed authorization of all charges you are claiming that were made for the alleged debt amounting to the claimed amount of {$16000.00}. 
XXXX ) Please provide a chain of custody for PORTFOLIO Accnt XXXX including sales/ assignments from all related subsidiaries in the normal course of business. 
Pursuant to 15 USC 1692g, you have 30 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all claims in this matter and will entitle me to presume that you reported this in error and that the matter is permanently closed. 
This Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. In addition, this Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. Moreover, this is a request for information only, and is not a statement, election, or waiver of status. 
During the debt validation period please CEASE AND DESIST any and all further attempts to collect this alleged debt including filing any court complaints, terminating any existing court complaints if any, and all data collection practices prohibited by California Consumer Privacy Act ( CCPA ) during the debt validation period. I will notify PORTFOLIO in writing if I believe the debt is valid no later than 90 days from your response. Please allow 30 days for a response on my side and a 60-day review period. I will need to validate your response with the original creditor. I will further need to verify your authority to do business in my local jurisdiction. Until I notify you of the validation you are also requested to CEASE AND DESIST contacting me with regards to this matter, unless it is to notify me via U.S. mail that you will be terminating all attempts to collect this alleged debt. 
I look forward to your prompt reply. I am insistent that you also send a copy of this dispute to the original creditor, so that they do not report this on my Credit Report. In the event PORTFOLIO RECOVERY ASSOCIATES decides to sell this alleged debt I request you furnish the purchasing collection company with this request. 
CCPA California Consumer Privacy Act Request I would like to invoke rights under the CCPA and ask what personal information is being collected about me and request a copy of the information you have collected about me, and request a deletion of all non-essential information about me as a California Resident which updated my rights on XX/XX/2023. Please process this request within 30 days in writing. 

I further insist that if you have reported me to a Credit Reporting Company, you tell them that I am disputing this debt. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX Accounts number showing this collection on my credit reports XXXX XXXX XXXX Account Number XXXX XXXX XXXX XXXX XXXX  XXXX

Company response to consumer: Closed with non-monetary relief