Consumer complaint received 2025-12-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Portfolio Recovery Associates, LLC
State: TX

Complaint narrative:
INDEPENDENT DISPUTE / DEMAND FOR DOCUMENTATION ( VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED ) XXXX XX/XX/XXXX Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX {$680.00} XXXX XXXX XXXXXX/XX/XXXX ( Chain of Title ) Dear Sir or Madam : I write in response to your letter dated XX/XX/XXXX regarding the above-referenced alleged XXXX XXXX account no XXXX XXXX. This letter is sent while the account remains formally disputed and without waiver of any defenses, rights, or claims under federal or Texas law. 

Your correspondence asserts that : Seller / Charge-off creditor XXXX XXXX XXXX XXXXXXXX XXXX XXXX Current XXXX : Portfolio Recovery Associates , LLC ( XXXX, XXXX ) Date acquired : XX/XX/XXXX You further offer a Chain of Title that lists only Charge-off Creditor : XXXX XXXX  and Present Creditor : Portfolio Recovery Associates , LLC , without any supporting transactional documentation tying my specific receivable to any lawful transfer.

This is not sufficient to establish ownership of a securitized receivable, nor does it satisfy your obligations under the FDCPA, FCRA, or the Texas Finance Code. 

I. SECURITIZATION STRUCTURE WHY SYNCHRONY CAN NOT SIMPLY SELL THIS RECEIVABLE On information and belief, the alleged receivable underlying this account was conveyed into a XXXX  XXXX XXXX structure in which : XXXX XXXX XXXX XXXX XXXX XXXX originates retail credit card receivables ; XXXX XXXX XXXX XXXXXXXX acts as depositor, acquiring receivables from the originator ; XXXX XXXX XXXXXXXX and related entities hold interests in and oversee the securitization platform ; and The receivables are then transferred into an asset-backed securities trust, where investors, not Synchrony, hold the beneficial interest in the receivables. 

In that structure : The trust, not XXXX XXXX, owns the receivables. XXXX typically retains only servicing rights and limited residual interests. A servicer can not unilaterally sell trust property out of the trust absent specific authority in the securitization documents. 

To lawfully transfer my specific receivable out of the trust and into PRAs portfolio, there must be trust-level documentation authorizing removal and sale of this particular receivable, not merely generic language that accounts may be sold. 

Any purported sale from XXXX to XXXX that ignores the trusts ownership and governing agreements would be void or voidable and would not convey legal title to XXXX. 

Accordingly, your bald assertion that XXXX was the seller and that XXXX is now the current creditor is conclusory and legally inadequate. You must demonstrate who owned the receivable at each transfer point, what was transferred, when each transfer occurred, where in the securitization structure this receivable resided, and how it was lawfully removed from the trust and conveyed to XXXX. 

XXXX. FATAL DEFECTS IN YOUR SALE FILES AND CHAIN OF TITLE The documents you and your counsel have produced in prior matters and in response to my requests share the same structural defects : Generic Bill of Sale No Personal Identifiers The XXXX XXXX XXXX is a generic, forward-flow style instrument signed by XXXX XXXX XXXX XXXX to act for multiple entities. 

It contains no reference to my name, Social Security number, address, or to alleged account no. XXXX. 

Without a corresponding Schedule XXXX / data tape specifically listing my account, the XXXX XXXX XXXX is nothing more than a blank cover sheet. 

Missing Schedule XXXX / Loan Tape You have not produced Schedule XXXX or any account-level schedule identifying this alleged account as an asset transferred to XXXX. 

Absent Schedule XXXX, there is no evidence that the receivable you are attempting to collect was included in the pool of assets sold. 

Missing Master Account Sale XXXX & Account Sale Addendum You have not produced the Master Account Sale Agreement, Account Sale Addendum, or any Forward Flow Agreement governing the supposed sale from Synchrony ( or any trust-level entity ) to XXXX. 

These documents are critical because they set the conditions under which specific receivables XXXX be sold, and they normally reference the securitization platform, trust, and depositor entities. 

Without them, there is no proof that XXXX or any related entity had the legal capacity to transfer this receivable to XXXX. 

No Securitization Documentation You have produced no : Pooling and Servicing Agreement Trust Agreement Prospectus or Prospectus Supplement Documents from XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, or XXXX XXXX XXXX XXXX XXXX authorizing removal and sale of this particular receivable In a securitized structure, those documents are the only evidence that any party had authority to sell or assign my specific receivable. 

Authority of XXXX XXXX Not Established The Bills of Sale you rely on are typically signed by XXXX XXXX for and on behalf of multiple entities. 

You have not produced any corporate resolutions, powers of attorney, or servicing agreements demonstrating that XXXX XXXX had authority to bind each of those entities, the depositor, and the trust in a sale of my specific receivable. 

No XXXX, Charge-off/Write-off Documentation If Synchrony charged off and permanently wrote off this debt, IRS regulations ordinarily require issuance of a Form XXXX for cancellation of debt. 

You have produced no XXXX, no charge-off worksheet, and no documentation explaining how a receivable allegedly charged off and transferred to a securitized trust was later resurrected and sold to XXXX. 

In short, your XXXX of XXXX consists only of self-serving labels and generic forms that fail to show that anyone with actual ownership of the receivable ever transferred it to XXXX. 

XXXX. ACCOUNT VS. DEBT MISLEADING TERMINOLOGY Your correspondence consistently uses the term account rather than debt or receivable. This distinction is important : An account is merely a collection of data or a record in your internal system. 

A debt or receivable is a legally enforceable obligation arising from a contract and owned by a specific party. 

By describing yourself as owning an account rather than the receivable, XXXX implicitly acknowledges that it possesses information about a consumer account but has not proven ownership of any underlying legal right to payment. 

Continuing to represent yourselves to me, to the credit bureaus, or to any court as the current creditor without proof that you own the receivable not merely an internal account record risks violating : XXXX U.S.C. XXXX ( FDCPA false, deceptive, or misleading representations ) ; XXXX. Fin. Code XXXX ( a ) ( XXXX ) ( misrepresenting the character, extent, or amount of a consumer debt ) ; and XXXX. Fin. Code XXXX ( a ) ( XXXX ) ( using any other false representation or deceptive means to collect a debt ). 

IV. TEXAS CONTRACT LAW WHY XXXX HAS NO ENFORCEABLE CONTRACT Under Texas XXXX, an enforceable contract requires : A valid offer ; Acceptance ; Mutual assent / meeting of the minds on essential terms ; Consideration ; and The parties capacity and authority to contract. 

I have no contract whatsoever with XXXX. Any rights you might claim must derive from a valid assignment of the underlying receivable. To establish such an assignment, XXXX must show : That a party who actually owned the receivable ( not merely a servicer or trustee without beneficial title ) agreed to transfer it ; That the transfer complied with all governing securitization and trust documents ; and That the assignment clearly identified my specific receivable and transferred all rights necessary to enforce it. 

Because you have produced no Schedule XXXX, no Master Account Sale Agreement, no Account Sale Addendum, no securitization documents, and no trust-level authorization, XXXX can not show that any party with legal title ever transferred my receivable to XXXX. Without a valid chain of assignments, there is no privity of contract between XXXX and me and no enforceable contract under Texas law. 

V. PRIOR LITIGATION HISTORY PATTERN OF PROCEEDING WITHOUT STANDING You are already fully aware that we are in active dispute and that you have repeatedly sought to litigate alleged XXXX accounts against me in XXXX XXXX, Texas, XXXX XXXX, Precinct XXXX, Place XXXX : In XXXX cause, the case disappeared from the docket after your inability to proceed ; In XXXX other causes, your counsel requested multiple continuances, underscoring that XXXX never possessed the evidence needed to prove standing ; In Cause No. XXXX, your counsel filed and presented business-records affidavits on the day of trial, substituted a different affiant at trial, and mailed business records to me by ordinary first-class mail after the hearing, despite my prior challenges to your standing and ownership. 

This pattern demonstrates that XXXX repeatedly attempts to obtain default judgments and trial judgments without admissible business records or a lawful chain of title. You are now on renewed notice that any attempt to file suit on this alleged Synchrony/Amazon account XXXX these foundational defects remain uncured will be challenged and XXXX support claims for : Violations of the FDCPA and FCRA ; XXXX of XXXX XXXX XXXX Chapter XXXX ; and Additional remedies under the Texas Deceptive Trade Practices Act ( DTPA ) and other applicable law. 

VI. FORMAL DEMAND FOR DOCUMENTS Because this account is disputed, and because you claim to be the current creditor, you are hereby required to produce the following within 30 days of receipt of this letter : Complete chain of title for alleged account no. XXXX, including every assignment, transfer, or sale from the original creditor or trust to XXXX, with the effective date of each transfer. 

The Master Account Sale Agreement, Account Sale Addendum, and any Forward Flow / Purchase Agreements between Synchrony and XXXX ( or any intermediary ) covering this receivable. 

Schedule XXXX / account-level schedule or data tape listing my specific alleged account, including full account number, my name, and identifying information, showing inclusion in the pool of assets sold to XXXX. 

All securitization documents relevant to this receivable, including but not limited to : Pooling and Servicing Agreement ( XXXX ) ; Trust Agreements ; XXXX XXXX XXXX XXXX ; Documents describing the roles and authorities of XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX ; Any documentation authorizing removal and sale of my specific receivable from the trust to XXXX. 

A copy of any Form XXXX issued in connection with this alleged account, or a written statement explaining why no XXXX was issued if the account was charged off and sold. 

A full transaction history from account opening through charge-off, including all payments, charges, fees, interest rate changes, and credits. 

A copy of the original cardmember agreement and any amendments in effect at the time of the alleged default, including arbitration and assignment provisions. 

If you contend that any of the above documents do not exist or are not required, state that position clearly in writing and explain the legal basis for your assertion that XXXX nonetheless owns an enforceable receivable against me under Texas law. 

XXXX. CREDIT REPORTING / CFPB CEASE AND DESIST IF YOU CAN NOT PROVE OWNERSHIP While this dispute is pending and unresolved, you must : Report the account as disputed with all consumer reporting agencies to whom you furnish information ; and Refrain from any misrepresentation that XXXX is the current creditor or that the alleged debt is legally due and owing from me unless and until you can prove ownership as outlined above. 

If you can not produce the requested documents demonstrating a complete and lawful chain of title for the securitized receivable associated with alleged account no. XXXX, you are hereby demanded to : Cease all collection activity on this account ; Delete any tradeline you have reported concerning this account from all consumer reporting agencies ; and Refrain from making any negative reports or statements to the Consumer Financial Protection Bureau ( CFPB ) or any other governmental entity suggesting that I owe a legally enforceable debt to XXXX. 

Nothing in this letter should be construed as an admission of liability or as a waiver of any legal, XXXX, or procedural defenses. I expressly reserve all rights, including the right to seek statutory, actual, and punitive damages, as well as attorneys fees and costs, in any appropriate forum. 

Please direct all future written communications regarding this account to the address below. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation