Consumer complaint received 2022-12-13
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: PORTFOLIO RECOVERY ASSOCIATES INC (CA)

According to the Califormia Licensing Act Under Section 1788.52 of the California Civil code, a consumer is allowed to ask to dispute a debt at anytime a debt is being pursued in their name, not just at the very beginning of a debt purchase. That debt dispute would include but not be limited to the contract I ( XXXX XXXX ) allegedly signed to capital one as the bearer of the debt. The original statement from the creditor and explanation of transactions and if their are interest fees the reasoning they were charged. The official documents Portfolio Recovery Associates has that state they are the legal owners of the debt. Providing their license # to collect debt in the state of California and their California branch information. In addition license # and investigation branch in their stationed state of Virginia. Along with all the details of the debt including how much they paid to purchase it. 

On XX/XX/2022 Portfolio Recovery Associates LLC sent me a letter and I ( XXXX XXXX ) received it XX/XX/XXXX of 2022. In it was the information you gathered from your investigation and documents that validated the debt you were collecting on. After careful review of the documents you sent me I noticed you failed to provide key points of Information required in California law for debt collection notices and validation. The information Portfolio Recovery Associates LLC failed to provide under California debt collection law and Rosenthal Act. Specifically include the following : *CA license # *CA branch information * the date I allegedly defaulted with original creditor *An official document such as the debt terms of conditions with my signature and or the contract/ transaction receipt from the original creditor stating you ( Portfolio Recovery Associates LLC ) are the owners of the debt ( Not just a letter paragraph typed up with no legal letterhead or signature from either of the respective parties ) *How much was paid for the debt and date and time that transfer transaction took place *Names and address of all purchasers the debt has passed through since chargeoff *failed to provide transactions from the alleged credit account * failed to provide receipt and reasoning for every interest charge since last payment on debt *Not sending the mandatory disclosures clauses required under CA law 1788.52 ( 7.D.1 ) { " A debt buyer shall include with its first written communication with the debtor in no smaller than 12-point type, a separate prominent notice that provides : You may request records showing the following : ( 1 ) that [ insert name of debt buyer ] has the right to seek collection of the debt ; ( 2 ) the debt balance, including an explanation of any interest charges and additional fees ; ( 3 ) the date of default or the date of the last payment ; ( 4 ) the name of the charge-off creditor and the account number associated with the debt ; ( 5 ) the name and last known address of the debtor as it appeared in the charge-off creditors or debt buyers records prior to the sale of the debt, as appropriate ; and ( 6 ) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt. A request for these records may be addressed to : [ insert debt buyers active mailing address and email address, if applicable ]. } *CA Rosenthal Act clause Portfolio Recovery Associates LLC as stipulated under California legislation will have a 15 day window from the date this letter is received to fix and provide all missing information I have addressed and listed. If by that deadline I do not receive a validation packet with ALL INFORMATION outlined and proof that I received it in my possession. Portfolio Recovery Associates LLC will need to cease attempt to collect the debt and remove it from all three credit reports as is my right under California law. Should Portfolio Recovery Associates LLC neglect to remove the collection from my credit reports in the scenario they are supposed to. I will serve them in CA Superior Court where I will request the collection be removed from my reports, seek {$1000.00} statutory charge for violation of my CA consumer rights, damages, payment of legal fees, and attorney fees.