Consumer complaint received 2024-08-23
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: PORTFOLIO RECOVERY ASSOCIATES INC (MD)

On XX/XX/XXXX I sent a validation letter to XXXX XXXX Chief Complaince Officer that included a Cease and Desist on all collection including stop reporting a collection to the credit bureaus until I am provided documents to validate this debt. It was sent certifed mail return receipt. When I sent the letter the credit bureau reporoted the collection as open and the original creditor as XXXXXXXX XXXX I never expected the response from Portfolio Recovery Assoc that I received. On XX/XX/XXXX I received several credit alerts telling me there had been a change to my credit record on a Collection by XXXX XXXX XXXX. Since I informed them they had never verified the debt and to cease and desist andthat it was illegal to keep that collection of my record until it was verified when I got the credit alert I expected the collection to be deleted. When I went in to check my credit record XXXX XXXX XXXX had edited the collection not deleted it and to my surprise broke the again. They re-aged the collection to indicate the account was opened in XX/XX/XXXX which is not possible and they removed XXXXXXXX XXXX as the Original Creditor and replaced themselves as the Original Creditor. Portfolio purchased this old debt from XXXX Bank according to the collection that I asked XXXX to delete. Portfolio has violated multiple provisions of the FDCPA ( 15 U.S.C. 1692 ) by failing delete the collection and to to validate the debt dispute as required under 1692g. Now that Portfolio has edited the collection to show that it is the Original Credit which is False It has also contravened 1692e by furnishing misleading information to credit bureaus and making it public on my credit record.Violations of the Fair Credit Reporting Act ( FCRA ) 1681s-2 occured when Portfolio a debt collector misrepresented their status under the Harris v. Melnick XXXX XXXX ) ruling on XX/XX/XXXX by reporting itself inaccurately as the original creditor and e-aging the debt. In addition Re-aging the debt contradicts the MCDCA ( MD Code Comm. Law, Title 14, Subtitle 2 ) under the Md. App. and under the State of Maryland law a ruling in Wright v. Associates ( XXXX ) that debt validation must be provided before collecting can continue by failing to delete the debt as requested in my Cease and Desist Validation letter. I acted in good faith only to get a surprise response of " Not Going to Happen '' CFPB recently held Portfolio responsible for these same actions in XXXX and made them pay a XXXX XXXX dollar fine but apparently Portfolio has not learned a lesson. 

XX/XX/XXXX XXXX XXXX Chief Risk and Compliance Officer Portfolio Recovery Assoc. 
XXXX XXXX XXXX XXXX 
XXXX, VA XXXX Re : Request for Validation and Cease and Desist for an Alleged debt owed to XXXXXXXX XXXX  XXXX # XXXX amount reported {$5800.00} XXXX XXXX, This letter is to serve as notice that I am disputing the alleged debt you have reported regarding a XXXX XXXX account on my credit reports. I am requesting validation and documentation of this debt pursuant to my rights under the Fair Debt Collection Practices Act, 15 U.S.C. 1692g. 
Under Maryland common law, before a debt can be collected, the debt collector must provide valid proof of the existence and amount of the debt. Kouabo v. Chevy XXXX XXXX, 336 F. Supp. 2d 471 ( D. Md. XXXX ). As the Fourth Circuit held in Johnson v. Midland Funding, [ a ] debt collectors liability under the FDCPA depends on whether the objective evidence supports a conclusion that a least sophisticated consumer would be led to believe that she was obligated to pay the debt described in the letter. 823 F.3d 1334 ( 4th Cir. XXXX ). 
Additionally, Maryland Commercial Law Code 12-704 states that a debt buyer may not bring legal action to collect a debt without valid documentation of the debt 's ownership and amounts owed. 
I do not believe XXXX can validate its claim against me for this alleged XXXX XXXX debt. Please provide the following documentation within 30 days : 1.The original credit application and terms of account opening between myself andXXXX XXXX 
2.Documents showing the entire transaction history of the account from origination tocharge-off.

3.The Fair Debt Collection Practices Act and Maryland Consumer Protection Act entitle meto a full copy of the assignment agreement documenting the sale and transfer of myaccount from XXXX XXXX to PRA. Mere excerpts are unacceptable - I demand thecomplete, unredacted agreement in its entirety with all terms and conditions. 
4.Account-level documentation establishing the precise debt balance, interest, and feesPRA alleges are owed as of the date of their purchase. 
If such documentation is not received by 30 days from the signed receipt of this letter, I will have no choice but to escalate this matter through reports to regulatory agencies and legal action. I expect immediate removal of this disputed account from my credit files pending validation. 
Please contact me with any questions by my direct email printed above.