XXXX XXXX XXXX the Director/Executor/Beneficiary/Grantor/Sole-Shareholder for ( legal name XXXX XXXX ) Hereinafter collectively referred to as Claimant PORTFOLIO RECOVERY ASSOCIATES XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX |Hereinafter collectively referred to as RESPONDENT, you, your company FINAL NOTICE FINAL NOTICE NOTICE OF INTENT TO FILE LAWSUIT To Whom It May Concern : To Whom it May Concern and that of management staff This letter is being sent to PORTFOLIO RECOVERY ASSOC. XXXX XXXX in response to a computer generated entry to a report, view by XXXX XXXX XXXX the Director/Executor/Beneficiary/Grantor/Sole-Shareholder of the accounts for XXXX XXXX, on XXXX XXXX XXXX XXXX and the information obtained stated that your company is reporting this debt. If you do not cease reporting of the incorrect information IMMEDIATELY, I will be forced to take further action. Please be advised that your blatant disregard and Multiple Violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms. I am currently shopping for a home right now, and the Damages due to your inaccurate information reporting, will resort in substantially more money .This is a lawful request in accords with the aforementioned and the following : Fair Debt collection Practices Act, 15 USC 1692 Sec. 809 ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. This would include affidavits since said records or documents upon which your office has sent are not original and not admitted into evidence or attached to the complaint or affidavit. I was unable to find anything that shows PORTFOLIO RECOVERY ASSOC. or any third party law firms and collection agencies are in accordance with the O.R.C. ( OHIO REVISED CODE ) 1319.12 Taking assignment of debt : Section ( C ) No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements : ( 1 ) The assignment was voluntary, properly executed, and acknowledged by the person transferring title to the collection agency.
( 2 ) The collection agency did not require the assignment as a condition to listing the account, bill, or other evidence of indebtedness with the collection agency for collection.
( 3 ) The assignment was manifested by a written agreement separate from and in addition to any document intended for the purpose of listing the account, bill, or other evidence of indebtedness with the collection agency. The written agreement shall state the effective date of the assignment and the consideration paid or given, if any, for the assignment and shall expressly authorize the collection agency to refer the assigned account, bill, or other evidence of indebtedness to an attorney admitted to the practice of law in this state for the commencement of litigation. The written agreement also shall disclose that the collection agency may consolidate, for purposes of filing an action, the assigned account, bill, or other evidence of indebtedness with those of other creditors against an individual debtor or co-debtors.
( 4 ) Upon the effective date of the assignment to the collection agency, the creditors account maintained by the collection agency in connection with the assigned account, bill, or other evidence of indebtedness was canceled. ( D ) A collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness in a court of competent jurisdiction located in the county in which the debtor resides, or in the case of co-debtors, a county in which at least one of the co-debtors resides. ( E ) No collection agency shall commence any litigation authorized by this section unless the agency appears by an attorney admitted to the practice of law in this state. ( F ) This section does not affect the powers and duties of any person described in division ( A ) ( 2 ) of this section. ( G ) Nothing in this section relieves a collection agency from complying with the Fair Debt Collection Practices Act, 91 Stat. 874 ( 1977 ), 15 U.S.C. 1692, as amended, or deprives any debtor of the right to assert defenses as provided in section 1317.031 of the Revised Code and 16 C.F.R. 433, as amended.
( H ) For purposes of filing an action, a collection agency that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, or other evidences of indebtedness of one or more creditors against an individual debtor or co-debtors. Each separate assigned account, bill, or evidence of indebtedness must be separately identified and pled in any consolidated action authorized by this section. If a debtor or co-debtor raises a good faith dispute concerning any account, bill, or other evidence of indebtedness, the court shall separate each disputed account, bill, or other evidence of indebtedness from the action and hear the disputed account, bill, or other evidence of indebtedness on its own merits in a separate action. The court shall charge the filing fee of the separate action to the losing party. Effective Date : XXXX ; XXXX Please reference the following : OHIO REVISED CODE, Title [ 13 ] XIII COMMERCIAL TRANSACTIONS - OHIO UNIFORM COMMERCIAL CODE Chapter 1319 : MISCELLANEOUS CREDIT TRANSACTIONS. <P/>Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation, Validation Proof of Claim XXXX XXXX the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. XXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition as well as other provisions of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.