Consumer complaint received 2024-12-12 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Portfolio Recovery Associates, LLC
State: CA

Complaint narrative:
THIS IS A RESPONSE BACK TO PORTFOLIO RECOVERY IN MY LAST COMPLAINT I SIMPLY ASKED TO SHOW PROOF OF THE PURCHASE AGREEMENT BETWEEN YOU AND THE ORIGNAL CREDITOR THAT STILL HAS NOT BEEN PRESENTED ANYTIME A COMPANY SENDS A ACCOUNT INTO COLLECTION THEY WRITE IT OFF STILL HAVE NOT RECEIVED MY 1099 C cancellation OF DEBT YOUR REPORTING LATE PAYMENTS ON A CHARGED OFF ACCOUNT CLEAR VIOLATION. 
XXXX - Notice for Validation of Debts ( a ) Validation Information Required XXXX. General Requirement : - A debt collector must provide consumers with specific validation information as described in paragraph ( c ). This must be done under the following conditions : Methods of Providing Validation Information : - ( i ) Through Written Notice : The validation information can be sent in writing as follows : - ( A ) Initial Communication : The debt collector can send the validation notice in the first correspondence with the consumer concerning the debt. 
- ( B ) Within XXXX Days : If not provided in the initial communication, the collector must send the notice within XXXX days after this initial contact. 
- ( ii ) Orally During Initial Communication : Alternatively, the validation information can be provided orally during the first conversation regarding the debt. 

XXXX. Exception to the Requirement : - A debt collector may omit the validation notice if : - The consumer has already paid the debt before the notice would be required to be sent ( i.e., before the five-day timeframe for sending the written notice has elapsed ). 

( b ) Definitions For clarity and specificity, various terms related to the validation of debts are defined as follows : XXXX. Clear and Conspicuous : - Information presented to consumers must be easily understandable. This entails : - Written and Electronic Disclosures : The information should be located in a way that is noticeable, and the font size must be legible ( though no minimum size is specified ). 
- Oral Disclosures : The spoken information must be delivered at a volume and speed that allow for clear hearing and understanding. 

XXXX. Initial Communication : - This refers to the first instance in which a debt collector communicates about a debt, including any information about the debt, except : - Communications in the context of a formal legal action ( e.g., court pleadings ). 
- Notices required by federal or state laws regarding tax, privacy risks, or data security breaches. 

XXXX. Itemization Date : - This term encompasses XXXX potential reference dates that help determine the amount owed on the debt. The XXXX categories include : - ( i ) Last Statement Date : The date of the most recent periodic statement or invoice sent to the consumer by the original creditor. 
- ( ii ) Charge-Off Date : The date when the debt was officially classified as a loss by the creditor. 
- ( iii ) Last Payment Date : The date when the consumer last made a payment toward the debt. 
- ( iv ) Transaction Date : The specific date when the financial transaction that generated the debt occurred. 
- ( v ) Judgment Date : The date on which a court issued a final judgment establishing the amount owed by the consumer. 

Summary In conclusion, XXXX lays out clear obligations for debt collectors regarding how and when they must provide consumers with validation information about debts they are attempting to collect. The section emphasizes the need for clarity in communication and identifies timeframes, modes of delivery, and exceptions to these requirements. This regulation is designed to protect consumers by ensuring they receive critical information about their debts in a manner they can easily understand. 



XXXX. IRS Conclusions on Charge-Offs : The Internal Revenue Service XXXX IRS ) has concluded that a charge-off can be considered income to a debtor under certain circumstances. However, this should be reported accurately through a Form 1099-C ( Cancellation of Debt ) if applicable. To date, I have not received a 1099-C concerning this debt, which calls into question the legitimacy of the charge-off being reported. As such, it should not be treated as a completed transaction as it lacks adequate documentation. 

XXXX. Reporting of Late Payments : The Fair Credit Reporting Act requires that all information reported to credit bureaus must be accurate and reflect the true payment history. If [ Creditor 's Name ] has reported late payments leading up to the charge-off, I demand verification of these claims. If accurate payment history exists, it should not have been misrepresented as an accumulation of late payments leading to a charge-off. 

XXXX. FDCPA Compliance : Furthermore, I would like to assert my rights under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 ). If [ Creditor 's Name ] or any collection agency that reports on this account has failed to provide adequate validation of the debt when requested, this can be deemed a violation of my rights under the FDCPA as well. 

Given these points, I request a detailed investigation into this matter. I ask that you provide documentation of the charge-off, proof that a 1099-C has been issued to the IRS, and verification of any late payments or outstanding balances. If you can not provide such documentation, I request that you immediately correct the reporting of this account with the credit bureaus. 







Thank you for bringing this matter to our attention. Portfolio Recovery Associates , LLC ( PRA ) investigated the complaint and verified the PRA account ending in 0888. PRA is a " Debt Buyer '' ; PRA purchases delinquent debt from creditors to whom such debt is owed and seeks to collect such debt from debtors who owe such debt. Business records provided to us by XXXX XXXX XXXX XXXX  ) reflect that on or about XX/XX/XXXX, XXXX  opened an XXXX credit card account ending in XXXX for XXXX XXXX whose social security number ends in XXXX. Those records further reflect that an obligation to pay for the use of the account was formed when XXXX offered the credit card, and the credit card account was used. A balance of {$380.00} was due on the account when we purchased that account and that obligation from XXXX on or about XX/XX/XXXX, together with the right to receive payment of the balance due. PRA sent its initial notification letter regarding this account to our customer on or about XX/XX/XXXX. We take compliance with all applicable state and federal laws very seriously. PRA furnished information relating to the account to the consumer reporting agencies in accordance with the Fair Credit Reporting Act as amended, the Consumer Financial Protection Bureau Regulation V, state and local law, and industry guidelines including, but not limited to, the date of first delinquency which was XX/XX/XXXX. PRA does not control the way in which the consumer reporting agencies report the information furnished by PRA. Accordingly, any differences in their reporting of the information which PRA furnishes is the responsibility of the consumer reporting agencies, not PRA. Because we purchased the account and obligation XXXX XXXX had with XXXX to pay the balance due, no other contract between XXXX XXXX and PRA is required to validate the account. We have no record of a request or dispute being received in relation to our initial notification letter. We subsequently received and investigated a dispute regarding the account. In response to that dispute, PRA sent our customer a letter on or about XX/XX/XXXX, with validating documentation from the original account. We believe that the validation provided resolved the dispute and that no further steps in response to the complaint or follow-up actions are required at this time.

Company response to consumer: Closed with explanation