Consumer complaint received 2018-05-29
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
i have sent 2 letters to PORTFOLIO RECOVERY ASKING THEM TO VALADATE THIS DEBT FOR ME BECAUSE I HAVE KNOW KNOWLEDGE OF IT BOTH LETTERS WAS SENT VIA CERTIFIED MAIL AND IT HAS BEEN OVER 60 DAYS WITH NO RESPONSE, THIS DEBT DOSENT BELONG TO ME I HAVE NO CONTRACT NOR ACCOUNT WITH THEM .THEY REFUSED TO EVEN TELL ME WHO WAS THE ORIGINAL CREDITOR WHICH IS A VOILATION OF MY CONSUMER RIGHTS, original creditor they have listed..i called them about the account and was hung up own after asking them why I haven't received a response.This company isn't legally allowed to collection in the state of texas, this company by law .The law states Every collector must send you a written validation notice telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you dont think you owe the money. I never received anything about this account it just popped up on my credit profile out of no where and they refused to respond.

I have attached a copy of the validation letter I sent to the company below that the company refused to respond to. this isn't my account can you please help me get this company to obey the law It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. In order that I can make arrangements to pay an obligation which I may owe, please COMPLETELY document and verify the debt, in which you reference to the above account. In regards to this alleged debt, I am sending this letter to request the following documented information from your company : I would like this agency to provide me with the following information in accordance with the Fair Debt Collection Practices Act [ 15 U.S.C. 1692 et seq. ] 1. ) The original or certified copy ( NOT a photocopy ) of the parse syntax grammar document contract signed by the authorized representative of your agency and autographed by myself, that each individual entered into knowingly, intelligently, with full disclosure, and with a meeting of the minds saying that I owe you or your agency payment of this alleged debt, with both your agencies authorized representatives wet ink signature and my wet ink signature.

2. ) Proof that this debt has not been wrote off to an insurance company and claimed as a business loss and redeemed through an insurance claim by the original creditor.

3. ) Proof that this debt has not been sold to your agency for a lesser amount, and if so the amount your company purchased the alleged debt for.

4. ) Your agencies license to lawfully and legally collect debt in the state of TEXAS and provide me with your agencies license number.

5. ) Validation of the alleged debt ( the actual accounting showing a loss to your agency ) and the CUSIP number of the alleged debt along with a copy of a completed XXXX and Total Amount Due statement.

6. ) Verification of your agencies claim against me ( either a sworn affidavit or a hand-signed invoice ) 7. ) The original or a true and certified copy ( NOT a photocopy ) of the Original Note or Promissory Note ( Credit Agreement ) under penalty of perjury, that I have with your agency showing my agreement to pay to your company this alleged debt.

8. ) The name of the authorized representative from your agency who has carried out due diligence and what actions s/he has taken in regards to this alleged debt.

9. ) The contract between your agency and the original alleged creditor saying they gave your agency authority to collect the alleged debt with both agencies authorized representatives wet ink signature.

10. ) Proof that I was given FULL disclosure of any contract signed between your agency and myself, and/or proof I was given FULL disclosure of any contract signed between your agency and the alleged creditor.

11. ) Also, pursuant to P.L. 93579, Approved XX/XX/XXXX 1974 ( 88 Stat. 1896 ) Privacy Act of 1974 SEC. 7. [ 5 U.S.C. 552a note ] " ( b ) Any Federal, State, or local government agency which requests an individual to disclose his/her social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. '' I, hereby demand FULL disclosure of why the social security number assigned to me is used by this agency and what the purpose is this agency uses the social security number.

12. ) The process of how your agency calculated in the fees and interest attached to the alleged debt, if any, and the proof of where I agreed to pay such fees and interest.

13. ) Proof the Statute of Limitations has not expired on this account.

14. ) Verification, if any, that your agency did or did not purchase alleged debt from another debt collection agency.

15. ) Verification, if any, of tax deductions and/or tax-write offs made by your agency or any alleged creditor in regards to this alleged debt.

16. ) Any derogatory reports made by your agency to any credit bureau agency.

17. ) Verify that there is available lawful money to actually pay alleged debt as per the Constitution for the United States, Article 1 section 10 Clause 1.

18. ) If the original creditor is a government agency, ( i.e. County, state, municipal court ) please provide proof that they are following their oath of office to uphold the Constitution for the United States of America by only asking for gold or silver coin for payment of this debt as per Article 1 section 10 Clause 1 of the Organic Constitution for the United States of America.

19. ) Please send me information on my common law remedy to lawfully pay this alleged debt if found that I do lawfully owe any debt to your agency, and my remedy to lawfully pay this debt.

20. ) Please send me any verification that Federal Reserve Notes is lawful money that can be used to actually pay off this alleged debt.

Please be advised, if your agency has reported invalidated information to any of the major Credit Bureaus, said action might constitute fraud under TEAXS Federal and State Laws. If any negative marks are found on any of my credit reports by your agency, this may result in a legal action against you or your agency for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Also, if your agency continues to attempt to collect any alleged debt, that I do not legally or lawfully owe to your agency that could constitute as : Violation of U.S.C. title 18 Section 872 ; attempts to extort Violation of U.S.C. title 18 Section 1341, 1342 ; Fraud and swindles, use of fictitious names through postal services ( Addressing alleged debtor by improperly spelled name/ALL CAPITAL ) NOTICE TO CEASE AND DESIST : Notice is hereby given that, until your agency can provide ALL requested documentation and information to validate this alleged debt, your agency must cease and desist from any further collection activities on this alleged debt in accordance with the Fair Debt Collection Practices Act laws of your United States Codes.

If and when your agency provides me with ALL of the information requested above, I will require at least 30 days to investigate and verify ALL information provided.

NOTICE : The use of any statutes, codes, rules, or regulations by this alleged debtor, shall not be construed by your agency or any other person ( s ) or agencies that alleged debtor has submitted to, or entered into any jurisdiction of any agency or other person ( s ).

I do not give your agency consent to contact me by phone, I will be in contact with your agency only by mail.

If your agency can not produce all said information stated above and/or does not respond to this letter within 21 days, a dishonor has occurred and you agree to the following, 1. ) The alleged debt did not exist in the first place ; OR 2. ) The alleged debt has already been paid in full ; 3. ) There is not and never was a contract binding your agency and myself that was entered knowingly and intelligently stating I owe such alleged debt ; 4. ) Any negative remarks made to a credit reference agency in regards to this alleged debt will be immediately removed ; 5. ) You or your agency will no longer pursue this matter, you or your agency will offset the balance of this alleged debt to XXXX ( XXXX ) and close this account ; 6. ) I reserve the right to discharge this debt for an amount I believe is satisfactory for closing this account, the amount I send will be non-negotiable by your agency, you agree not to dishonor and refuse payment, you agree to accept for value the amount paid unto you to close this account, ONLY if your company can produce the information requested above ; 7. ) You or your agency agree to pay all fees and interest ; 8. ) Any liens against alleged debtor will be removed immediately and verification of removal will be sent to alleged debtor notifying alleged debtor of removal.

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved. WITHOUT PREJUDICE WITHOUT RECOURSE

Company response to consumer: Closed with explanation