Consumer complaint received 2024-05-22
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: PORTFOLIO RECOVERY ASSOCIATES INC (KY)

This is the two letters that I sent the company and received no response. The only thing I edited out was my address and name USPS tracking XXXX XXXX XXXX XXXX XXXX XXXX XXXX USPS CERTIFIED MAIL PORTFOLIO RC XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX United States PORTFOLIO RC XXXX XXXX XXXX XXXX XXXX XXXX , VA XXXX XXXX , VA XXXX ( XXXX ) XXXX Dear, PORTFOLIO RC 1, Request for Debt Validation and Legal Basis for Collection Of these three accounts PORTFOLIO RC XXXX XXXX XXXX XXXX - Open account XX/XX/XXXX PORTFOLIO RC XXXX XXXX XXXX XXXX - Open account XX/XX/XXXX PORTFOLIO RC XXXX XXXX XXXX XXXX XXXX - Open account XX/XX/XXXX I am writing in response to your attempts to collect an alleged debt. This letter serves not only as a formal request for validation of the aforementioned debts under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g but also seeks clarification on the legality and legitimacy of its origin and your collection practices. 
To adequately assess the validity of your claim and ensure that my rights are not being infringed upon, please provide the following information : 1. Amount and Origin of Debts A detailed account of the debts amount and the original creditor 's names.

2. Agreement DocumentationAny documentation or an agreement that bears my signature, evidencing my agreement to assume the debts.

3. Accounting for Debt Creation A detailed explanation of how the debt was incurred, including a breakdown of principal, interest, fees, and any other charges.

4. Legal Basis for Collection Under what legal framework was the debt originated, and how do you justify the collection of this debt as per state and federal laws? 
In the case of credit issuance, please provide detailed bookkeeping entries or records that demonstrate that actual funds were extended to me, distinct from a mere accounting entry. 
5. Proof of Assignment If you are a collection agency, provide proof of your authorization or assignment to collect this debts on behalf of the original creditors. 
Additionally, I have specific concerns regarding the legitimacy of the debt collection under certain circumstances : - If the debt was originated under conditions that do not meet the legal and regulatory standards for lending or credit issuance, how do you justify its collection? 
- Should the debt have been incurred in a manner inconsistent with the principles of equal value exchange as defined by law, please explain how this does not invalidate your claim. 
Until full validation of the debt is provided and my inquiries regarding its legality and legitimacy are satisfactorily addressed, I request that you cease all collection efforts. This includes refraining from reporting the debts to any credit bureaus or, if already reported, removing the entry pending validation and resolution of these legal inquiries. 
Please be aware that failure to comply with this request within 30 days of receipt will result in my assumption that the debt is invalid and may lead to further action on my part, including reporting your non-compliance to regulatory authorities and seeking legal recourse. 
I trust that you will treat this matter with the seriousness it deserves and respond accordingly. 
Additionally, to fully understand the nature of the alleged debt, please address the following specific inquiry : I request detailed documentation or evidence showing the exact origin of the funds 1. constituting the debt alleged to be owed by me. Specifically, I would like to see records or ledger entries that demonstrate that these funds were disbursed from real money within your possession or control at the time the debt was purportedly extended to me. This should include evidence that the funds were withdrawn from your assets, as opposed to being created as an accounting entry at the time of the loan or credit issuance.

2. This information is critical for verifying that the debt was originated in compliance with applicable lending laws and accounting standards, and to confirm that a tangible exchange of value occurred as per the terms of any agreement.

3. All correspondence sent for billing should always be attached with an affidavit. Otherwise it can be considered as fraud sending a bill without an affidavit attached do the XXXX My second letter USPS XXXX XXXX XXXX XXXX XXXX USPS tracking number XXXX XXXX XXXX XXXX XXXX XXXX XXXX United States Date : [ XX/XX/XXXX ] PORTFOLIO RC XXXX XXXX XXXX XXXX XXXX XXXX , VA XXXX XXXX, VA XXXX Telephone : ( XXXX ) XXXX Dear PORTFOLIO RC I am writing to follow up on my previous letter dated [ XX/XX/XXXX ] with, USPS Tracking # : XXXX wherein I requested validation of the debt you claim I owe, as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g. This request pertained to the following accounts : PORTFOLIO RC XXXX XXXX XXXX XXXX - Opened XX/XX/XXXX, XXXXPORTFOLIO RC XXXX XXXX XXXX XXXX - Opened XX/XX/XXXXXX/XX/XXXXPORTFOLIO RC XXXX XXXX XXXX XXXX XXXX - Opened XX/XX/XXXX To date, I have not received the requested information or any communication from your office acknowledging my letter. As over 30 days have elapsed since your receipt of my request without the provision of the requested debt validation, I am concerned about the lack of response, which appears to disregard the requirements set forth by the FDCPA.Given the absence of the requested validation, I am led to believe that you may not have the necessary documentation to substantiate the claims against me. Therefore, under the FDCPA, I am formally requesting that you cease all collection activities immediately. This includes, but is not limited to, contacting me about the debt and reporting it to any credit reporting agencies. If information has already been reported to credit bureaus, I request that it be removed promptly due to the lack of validation.Furthermore, please be informed that your failure to provide the requested documentation and to cease collection efforts night compel me to take additional actions to protect my rights. These actions may include filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), and considering legal avenues to seek redress for non-compliance with the FDCPA. I urge you to address this matter with the urgency and seriousness it warrants. I expect a written response acknowledging the receipt of this letter and detailing the steps you will take to rectify this situation. Please send all correspondence to the address provided above. Thank you for your prompt attention to this matter. 
Sincerely,