Consumer complaint received 2021-12-09
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Dear Sir, I am writing regarding the alleged debt being held and reported by you for XXXX. I dispute this debt. In accordance with the Fair Debt Collection Practices Act, Cease & Desist all telephone calls, faxes and emails to all parties. You may correspond only by mail only to the address listed above. 

I am requesting " written validation '' of this debt with competent evidence that bears my signature and shows I have a contractual obligation for this debt with your company, Portfolio Recovery Associates. In accordance with the Fair Debt Collections Practices Act and the Fair Credit Reporting Act, I request that you provide proof that you own this debt as follows : 1. Written documentation with my signature on it showing a contractual obligation with your company, Portfolio Recovery Associates 2. Proof that you are the holder and current owner of this alleged debt. Proof beyond any doubt that you are the proper party to collect this alleged debt, and that you owned this alleged account at the time you began any collection efforts and that this alleged debt has not been transferred since that date. 

3. Pursuant to Rule 191.1 of the Texas Rules of Civil Procedure, you need to produce the following documents : a. All documents showing a complete chain of transfer of ownership of this alleged debt from the original holder, through any and all interim transferees, and presently, legally held and owned by you. 

b. All documents showing when and how the alleged debt was transferred, the purchase price received, how all the proceeds were applied, that if any credits to the alleged were due, has it been properly given, including any money received from any private insurer, and the balance demanded as now due and owing was calculated. 

You need to respond to my request within 30 days with proof that you own this alleged debt, as per 15 U.S.C., Fair Debt Collection Practices Act, Section 1692g, and per 15 U.S.C., Fair Credit Reporting Act, Section 1681i, ( a ) ( 1 ) ( A ). 

If you can not produce my signature in a contractual obligation with your company, Portfolio Recovery Associates, and you provide no proof that you own this alleged debt, then I must decline your invitation to do business with you. 

If you can not provide me with any documentation showing a valid debt with your company, Portfolio Recovery Associates with my signature on it or any valid proof that you own it within the required Federal 30-day statutory time periods, you will have violated both the Federal Fair Debt Collection Practices Act and the Federal Fair Credit Reporting Act. 

Your presumption that you have the legal right to collect anything from me is rebutted. If you feel there is some statute or law that entitles you to force me to do business with you, then produce it. If you feel there is some written agreement between us that gives you the authority to force me to do business with you, then produce it. Any future contact without written proof will be considered CRIMINAL EXTORTION on your part. I will have to act accordingly. 

Please be aware that any negative mark on my credit report for a debt I do not owe by you, Portfolio Recovery Associates is in violation of the Fair Credit Reporting Act. Therefore, if you can not validate this debt with my signature on it with your company, Portfolio Recovery Associates, and you can not provide any proof that you own this debt, you must request that all credit-reporting agencies delete any entry being reported by your company. In addition, until I have received and reviewed any evidence you provide me, I ask that you take no action that might damage my credit reports. 

If the debt described above has been resolved, I ask that you remove, or have removed, any derogatory remarks from my credit reports per the Fair Credit Reporting Act and send me confirmation that you have done so. 
Please note that if you fail to respond within 30 days of receipt of this certified letter, I will take legal action against your company for causes of action including, but not limited to, defamation, fraud, criminal extortion and violations under the Federal and Texas Fair Debt Collection Practices Acts & the Fair Credit Reporting Acts. 
If Portfolio Recovery Associates does not remove this disputed account permanently from my credit report within 30 days of the receipt of this certified letter, I will immediately bring a lawsuit against Portfolio Recovery Associates in Federal Court for their willful failure the follow the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. In the lawsuit, I will be asking for Statutory Damages at {$1000.00}. Second, there will be Attorney Fees in the approximate amount of {$10000.00}. Third, there will be Actual Damages for Portfolio Recovery Associates willful refusal to remove the disputed account from my credit report that has damaged my ability to obtain credit for myself and my business in the approximate amount of {$100000.00}. Fourth, there will be Punitive Damages for Portfolio Recovery Associates willful failure to follow the Fair Debt Collection Practices Act and the Fair Credit Reporting Act law in the approximate amount of 3 times the Actual Damages at {$300000.00}. 

Separately, if this matter is still not resolved within 30 days of the receipt of my certified letter, in addition to the Federal lawsuit, I will be submitting the complaint to the XXXX XXXX XXXX until this matter is successfully resolved. Second, I will be contacting the Texas Attorney General 's Office and provide them the complete file for Portfolio Recovery Associates failure to simultaneously follow the Texas Fair Credit Reporting Act law, Texas Fair Debt Collections Practices Act Law, Texas Finance Code, and the Texas Business & Commerce Code. Third, I will also file a complaint with the Federal Trade Commission with the complete file for their review. 

By Sending this letter, I am disputing both validities of the alleged debt and the validity of any claims as being reported by you to the credit bureaus. Please be aware that any information I receive from you will be collected as evidence should any further action be necessary.

Company response to consumer: Closed with explanation