Consumer complaint received 2023-07-13
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: AR
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To whom it may concern, I, XXXX XXXX, demands arbitration with XXXX XXXX XXXX XXXX XXXX. I've demanded you to cease and desist all communications that the means with XXXX, XXXX, and XXXX. I also demanded you to provide the account file and original contract that has my signature on it, account Ledger from the open date through the last date of payment activity, all accounting documents from the open date through the last date of payment activity, all account transactional history from the open date through the last date of payment activity, and When was the last date of payment. 
If you are not able to provide proof of the reinvestigation and all the information requested above, I am asking that these accounts be PERMANENTLY DELETED from my consumer report with all reporting agencies according to XXXX XXXX XXXX XXXX : Treatment of inaccuracies/ unverifiable information. 

A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. 
Case law : Pacific Concrete F.C.U. v. Kanuanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ). 

Original Creditor : XXXX XXXX XXXX Account Number : XXXX It has been more than five years of this harassment and defamation of my character. According 18-49-101. Limitation of actions. ( 2 ) If the payments are not noted on the margin of the record, then the debt shall become barred, as to third parties, after five ( 5 ) years from the maturity of the indebtedness or after five ( 5 ) years from the date of the last payment, if any, which may be noted on the margin of the record, thereby subjecting evidences of indebtedness secured by vendor 's lien to the same provisions and limitations provided by law in connection with evidences of indebtedness secured by mortgages or deeds of trust.

17-24-505. Harassment or abuse.

( a ) A debt collector may not engage in a conduct the natural consequence of which is to harass, oppress, or abuse a person in connection with the collection of a debt.

( b ) Without limiting the general application of subsection ( a ) of this section, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of a person ; ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader ; ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of 15 U.S.C. 1681a ( f ) or 15 U.S.C. 1681b ( 3 ), as they existed on January 1, 2009 ; ( 4 ) The advertisement for sale of a debt to coerce payment of the debt; ( 5 ) Causing a telephone to ring or engaging a person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass a person at the called number; or ( 6 ) Except as provided in 17-24-503, the placement of telephone calls without meaningful disclosure of the caller 's identity.

17-24-511. Furnishing certain deceptive forms.

( a ) It is unlawful to design, compile, and furnish a form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owes the creditor, when in fact the person is not participating in collecting or attempting to collect the debt.

( b ) A person who violates this section is liable to the same extent and in the same manner as a debt collector is liable under 17-24-512 for failure to comply with this subchapter.

Company response to consumer: Closed with explanation