Consumer complaint received 2023-07-30
Product: Debt collection — Credit card debt
Issue: Communication tactics — Used obscene, profane, or other abusive language
Company: PORTFOLIO RECOVERY ASSOCIATES INC (CA)

I am writing in regards to Portfolio Recovery Associates , LLC letter dated XX/XX/2023, in which you claim to have reviewed my dispute. However, I must express my dissatisfaction with your response and bring to your attention several violations of consumer protection laws and credit reporting regulations. 

Intimidating Language and Unauthorized Legal Threats : It has come to my attention that your agency is not licensed to sue in the state of California. Therefore, the use of intimidating language suggesting potential legal actions against me is both inappropriate and in violation of consumer protection laws. As a consumer, I have the right to be treated fairly and without threats or harassment.

Request for New Information : Contrary to your assertion that my dispute alleges no new facts and includes no new information, I must bring to your attention that I have never previously requested the specific information contained in Schedules RC ( Balance Sheet ), RC-E ( Deposit Liabilities ), RC-C ( Loans & Leases ), RC-L ( Derivatives, and off-balance sheet items ), and RC-S ( Servicing, securitization, and asset sale activities ). This information is directly relevant to the validation of the alleged debt and my right to seek debt verification. 

Violation of Consumer Rights : I believe that your previous response, as well as the tone and content of your latest letter, may be in violation of my rights under the Fair Credit Reporting Act ( FCRA ) and other applicable consumer protection laws. The FCRA requires debt collectors to provide accurate and complete information upon request and to conduct a reasonable investigation when a consumer disputes the accuracy of information.

Compliance with Securities and Exchange Commission ( SEC ) Regulations : Given your involvement in the acquisition and management of financial assets, I would like to remind you of the importance of adhering to the regulations set forth by the Securities and Exchange Commission ( SEC ). Compliance with these regulations is crucial in ensuring transparency and accountability in your business practices.

In light of the aforementioned issues, I kindly request that you provide me with the following information : a ) Verification of the Original Creditor : Please provide documentation that substantiates the identity and contact information of the original creditor, including any account numbers or references associated with the alleged debt. 

b ) Detailed Account Information : Kindly furnish a detailed statement of the account, including a breakdown of the principal amount, interest, fees, and any other charges claimed to be owed. 

c ) Agreement and Contract : Please provide a copy of the signed agreement or contract that establishes my obligation to pay the alleged debt.

d ) Proof of Assignment : If the debt has been sold or transferred to your agency, please provide documentation that confirms your agency 's legal authority to collect the debt on behalf of the original creditor.

e ) Itemized Transaction History : I request a complete itemization of the debt, including all relevant transactions, payments, and adjustments related to the account.

f ) Schedules RC-Balance Sheet, RC-E-Deposit Liabilities, RC-C-Loans & Leases, RC-L-Derivatives, and off-balance sheet items, RC-S-Servicing, securitization, and asset sale activities : Please provide relevant portions of these records as mentioned in the debt verification process.

I must emphasize that credit card statements or incomplete documentation will not be considered as valid verification of the debt. I expect your agency to fulfill its legal obligations by providing the requested information in a comprehensive and timely manner.

Please be aware that my rights as a consumer are protected by federal and state laws, and any violations of these rights may result in legal consequences. I strongly advise your agency to take this matter seriously and comply with the applicable laws and regulations.

All communication from your agency must be in writing to maintain a clear record of our correspondence.

I kindly request that you respond to this communication within 30 days from the date of receipt. Failure to address the issues raised or continued violation of my rights may lead to further action, including filing complaints with relevant regulatory bodies and pursuing legal remedies.

I look forward to a prompt and satisfactory resolution to this matter. All future communication should be made in writing to maintain a clear record of our correspondence.