Consumer complaint received 2024-01-19
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: PORTFOLIO RECOVERY ASSOCIATES INC (WY)

I began receiving phone calls daily from PRA, however did not answer them. I looked at my credit report and it says it is in collection with PR for the amount of over XXXX. 

In short, In XXXX I consolidated my debts with a company called XXXX ( nightmare ). One of my accounts was XXXX XXXX of which is what PR is trying to collect on. I had approximately XXXX left to pay to them on this particular account, however, I had a family member pass away from XXXX  and I backed out of the program due to various issues, and received several months later, a notice from XXXX XXXX  saying that I owed approx XXXX. When I explained to them that I had been making payments through consolidation and only had approx XXXX left to pay, they indicated that since I backed out of the program, it is null and void. Then they upped it to the original debt amount, of over XXXX. I refused to pay it, they turned it over to PR, and now PR is attempting to collect. I can not get any resolution. I wrote the following letter ( below ) to PR, requesting quite a bit of information, sending it certified. They received it on XXXX XXXX XXXX and continued to call me a couple of times after they received the letter. 

yesterday I received a letter from them stating : In response to your dispute related to the above account PRA, LLC has enclosed additional documentation for your review. We have completed our investigation of your dispute concerning this account. PRA, LLC has obtained and reviewed the attached documents relating to this account which establishes its validity. 

The only attached document or information enclosed is one from XXXX dated XXXX stating : we are sending you notification that your account ending in XXXX with a balance of XXXX has been sold to PRA, LLC. They included the mailing address along with their payment information. 

That is it. I am not sure what I should do next. 
Please advise. My letter is below. 
Thank you, XXXX XXXX XX/XX/XXXX Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Re : Debt collection attempt XXXX Dear Portfolio Recovery Associates , LLC, This letter is being sent to you pursuant to the Fair Debt Collections Practices Act, 15 USC 1692g Sec. 809. 
I am responding to your contact about collecting a debt for {$5700.00}. You have called daily, leaving a voicemail on XX/XX/XXXX indicating that you are attempting to collect a debt. 

You violated the FDCPA Sec. 809 ( a ) by not providing the written notice specified in that section within five ( 5 ) days of your initial communication. I do not have any responsibility for the debt youre trying to collect. 

If you have good reason to believe that I am responsible for this debt, please mail me the documents that make you believe I am. Stop all other communication with me and with this address. If your offices continue to attempt communication, other than to validate the debt, it will be considered harassment and I will have no choice but to file suit. 

Please record that I dispute having any obligation for this debt. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ), also report that the debt is disputed. 

If you have good reason to believe that I am responsible for this debt, please mail me the following information : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 
If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. 
When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. 
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 
If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. 
Provide verification and documentation about why this is a debt that I am required to pay. 
The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 
State the amount of the debt when you obtained it, and when that was. 
If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 
If there have been any payments or other reductions from the original creditor, provide an itemization showing the dates and amount of each of them. 
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explaining how that amount was calculated. 
In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 
Tell me when the creditor claims this debt became due and when it became delinquent. 
Identify the date of the last payment made on this account, including amount. 
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

I would also like details about your authority to collect this debt. 
I would like more information about your firm before I discuss the alleged debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

This is not a refusal to pay. This is not a request for verification or proof of my mailing address, but a request for validation made pursuant to the FDCPA. 

If you have reported invalidated and inaccurate information to any of the three major Credit Bureaus XXXX XXXX, XXXX, or XXXX ), that action might constitute fraud and disparagement of credit under both Federal and State Laws. Accordingly, if any invalidated or inaccurate negative mark is found on any of my credit reports by you or the third parties that you represent, I demand you remove such negative marks. I will not hesitate in bringing legal action against you and your client for violation of the Fair Credit Reporting Act, violation of the FDCPA, and defamation of character. 

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time collection activity must cease and desist. 

If I do not hear from you within thirty ( 30 ) days of the date of this letter, then this matter will be deemed closed. And all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

Thank you for your cooperation. 
Litigiously,