Consumer complaint received 2021-05-13
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX I received a statement of claim in regards to being sued by Portfolio Recovery Associates for a debt they allegedly bought from XXXX XXXX on XX/XX/XXXX. On XX/XX/XXXX I then sent out validation requests to Portfolio Recovery Associates and XXXX XXXX pursuant to 15 USC 1692g. Portfolio Recovery Associates responded to my letter stating that they have validated this account along with stating my last four of my social security number. I never gave Portfolio Recovery Associates consent to possess my personal information. As a consumer and original creditor this is a violation under federal law. Pursuant to 15 USC 1692 ( a ) my individual right to privacy was violated. Third party debt collectors have the right to purchase alleged debts but they can not purchase my personal information as that would violate my individual right to privacy. Furthermore, to validate is an action and only living beings can perform an action. Portfolio Recovery Associates is a company and not a living being so they can not validate anything which is also a violation of 15 USC 1692b ( 2 ). Only I as a federally protected consumer and natural person can say I owe a debt. Portfolio Recovery is also stating that XXXX XXXX is the original creditor of this debt which is false. An original creditor is defined as any person who offers or extends credit. A person is defined by black law dictionary as a human being or natural person. I have also received a letter from Portfolio Recovery Associates stating they have correspondence from XXXX XXXX stating that I owe this debt ( another violation of 15 USC 1692b ( 2 ) ). Again, no one can legally state that I owe a debt under the FDCPA. After examining this letter and comparing it to other response letters that I have received from XXXX XXXX I have concluded that this letter is a forgery. Portfolio Recovery Associates is trying to use false and deceptive practices to force me to pay a debt that I do not owe as the original creditor which is a violation of both 15 USC 1692d, 15 USC 1692d ( 2 ) for obscene and profane language and 15 USC 1692e ( 10 ). In my validation request I have asked for Portfolio Recovery Associates to provide a contract stating that I am liable for this debt in which they did not. Also Portfolio Recovery Associates was not assigned this debt they purchased it. Under 15 USC 1692g they must let me know how much the alleged debt was sold for as well as how much their commission would be for collecting the debt. They have not provided any of these details. I have sent XXXX XXXX three attempts to validate this debt that they are alleging that I owe and they completely ignored my requests but instead responded with diversion tactics. If XXXX XXXX the alleged original creditor can not validate this debt or produce a contract or any written form of communication stating that I am liable for this debt then how can Portfolio Recovery Associates allegedly validate this debt? In their statement of claim they are alleging that because I made payments on this account then I must owe this alleged debt. Pursuant to 15 USC 1692h " If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. '' I dispute this debt as the consumer and original creditor and will be directing XXXX XXXX to return all alleged payments, if any. They have also violated my rights by reporting this alleged debt they can't even validate to the credit bureaus which has ruined my reputation pursuant to 15 USC 1692d ( 1 ) and 15 USC 1681. Lastly, pursuant to 15 USC 1692i ( b ) Portfolio Recovery Associates shouldn't even being suing me. They have no legal right or any jurisdiction to sue me.

Company response to consumer: Closed with explanation