Consumer complaint received 2023-12-25
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Collected or attempted to collect exempt funds
Company: PORTFOLIO RECOVERY ASSOCIATES INC (FL)

XXXX XXXX XXXX XXXX va XXXX XXXX account XXXXXXXX XXXX  Dear Creditor 's XXXX XXXX I am writing this letter to inform you of my intent to file suit against [ XXXX XXXX CAPITAL BANK ( USA ) NA ] for violations of the Fair Credit Reporting Act ( FCRA ), as outlined in the following sections : XXXX. 15 USC 1692b ( 2 ) : Prohibition on Communication with Third Parties XXXX. 15 USC 1692g ( a ) : Validation of Debts XXXX. 15 USC 1692c ( a ) : Communication in Connection with Debt Collection XXXX. 15 USC 1692d ( XXXX ) : Harassment or Abuse XXXX. 15 USC 1692 ( k ) : Civil Liability for Violations I assert that [ PORTFOLIO RECOVERY ] has failed to comply with the provisions of the FCRA in the following ways : NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT You are furnishing inaccurate and incorrect information to the consumer reporting agencies. 
The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. 
You and your inaccurate information have damaged my livelihood. 
15 U.S. Code 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate : ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 


Duty : a moral or legal obligation ; a responsibility. 
Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something. 

As defined by the IRS : Even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 
The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPOTED ON THE CONSURMER REPORT which in fact makes your reporting of this account inaccurate! 
By definition, The IRS clearly says a canceled or charge off is income. The reporting of this account as a debt is inaccurate. 
15 USC 1681 s-2 says you are a furnisher of information to a consumer reporting agency. 
You ARE PROHIBITATED BY LAW to furnish inaccurate information. I demand you to cease and desist the reporting of incorrect/inaccurate information immediately. 
15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate : You are hereby put on notice that you are furnishing incorrect inaccurate information.

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication.

SEND ME MY FORM 1099-C that you should have sent to when you filed the account as a canceled debt. 
My address is listed below. 

15 U.S. Code 1681 s-2 ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
In conclusion, I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 
The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. 
You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report. 

XXXX HAD XXXX calendar days to DELETE THIS ACCOUT FROM MY CONSUMER REPORTS! DELETE PLEASE I wish to emphasize that these violations have caused me significant harm, impacting my rights and financial well-being. As a consumer, I am entitled to fair and accurate reporting, and your actions have fallen short of the standards set forth by the FCRA. 
To avoid legal action, I request that [ Creditor 's Name : __CAPITOL ONE_promptly takes the necessary corrective measures to remedy the violations and provide me with written confirmation of the steps taken. 
Please consider this letter as a final opportunity to rectify the situation amicably before I proceed with legal action. If I do not receive a satisfactory response within [ reasonable timeframe, e.g., 30 days from the date of this letter, I will have no choice but to pursue legal remedies available to me under the FCRA. 
I expect Creditor 's Name : to take this matter seriously and address the violations promptly. I trust that we can resolve this matter without the need for litigation. 
Sincerely, XXXX XXXX XXXX XXXX