Consumer complaint received 2015-04-08
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: SC
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX XXXX XXXX XXXX, SC XXXXPortfolio Recovery Associates, LLCXXXX XXXX XXXX XXXX XXXX, VA XXXX : XXXX XXXXTo Whom It May Concern : I have attempted on multiple occasions to contact your company via XXXX yet you have failed to respond. At this time I feel it is necessary to file this complaint and advise you of the following. Due to your company violating FCRA ( Title 15 United States Code Section XX/XX/XXXX ), FDCPA ( 5 U.S.C. XX/XX/XXXX -XX/XX/XXXXp ), UDAPP XXXX and South Carolina 's Third Party Disclosure law this letter will serve as my Notice Of Intent to File Suit. Pursuant to South Carolina Code Annotated, Title 22, ChXXXX XXXX Article XXXX, Sections XXXX ; Title XXXX, Ch. XXXX, Article XXXX, Sections XXXX ; Title XXXX, Ch. XXXX, Sections XXXX ; XXXX XXXX, Ch. XXXX, Article XXXX, Section XXXX ; Administrative and Procedural Rules for Magistrate 's Court, Rules XXXX. I will be filing suit in South Carolina XXXX XXXX Court in the amount of {$10000.00} that is to include Statutory and Actual damages incurred by myself as a result of increased APR 's as well as out right denial of credit. As we both know companies tend to wait until the suit is filed and wait until the last day before their answer is due to the court to offer settlement. I will advise you once the case is filed I will not even entertain an offer for settlement. I have already spoke with a law firm and advised them of the situation and if an agreement for settlement is not reached between myself and your company XXXX calendar days from today he will be retained and take over the case in its entirety. But he will hold no settlement authority due to the disrespect your company displayed when ignoring documentation and request for validation of this fraudulent account. 
Your company began calling my husband not myself in reference to XXXX XXXX accounts. These account were opened fraudulently and I had notified the original creditor as soon as I had seen them listed on my credit. Apparently they must have received the Fraud Affidavit and Dispute after selling it to your company. Never the less your company without mailing any documentation attempted to collect on this debt. FDCPA requires mailed documentation within XXXX business days which to this day has still not been done. Then without my permission your company contacted and disclosed this debt to my husband. Since he works for a XXXX and does XXXX for a living he requested to speak with the compliance officer on XXXX occasions he was hung up on or given an attitude. Never was he allowed to speak with her. Now even after mailing the request for Validation of Debt and my letter of dispute for the XXXX time back on XX/XX/XXXX I have still have not received any response or correspondence. Yet, the account is still being listed on my credit as a derogatory account thus violating FCRA and FDCPA. 
What I am proposing as an agreeable settlement would be your company immediately updates all three credit bureaus to remove this charge off account as well as any associated inquiries and pays me {$5000.00} payment to settle any and all violations. Payment must be made to myself at the address listed above on or before XX/XX/XXXX. Considering the cost of hiring representation in South Carolina plus the cost you would incur for my court cost and attorneys fees I believe that is a fair offer. Once a settlement is agreed to I would be willing to sign a " Release of all claims ''. As far as contacting me in reference to this offer for resolution I am giving you permission to speak with my husband XXXX XXXX at XXXX he can also be reached by email at XXXXXXXXXXXX. If an agreement is not reached on or before XX/XX/XXXX we will move forward with the legal proceedings. 

Thank you for your prompt attention to this matter, XXXX XXXX

Company response to consumer: Closed with non-monetary relief