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 — Problem with personal statement of dispute
Company: Portfolio Recovery Associates, LLC
State: TX

Complaint narrative:
LETTER TO PORTFOLIO RECOVERY ASSOCIATES , LLC RE : XXXX Account XXXX in XXXX Continued Dispute, XXXX Lack of Ownership, and Demand for Complete Chain-of-Title Documentation Date : XXXX XX/XX/XXXX To : Portfolio Recovery Associates , LLC XXXX XXXX XXXXXXXX XXXX XXXX From XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX SUBJECT : FORMAL RESPONSE & DEMAND FOR PROOF OF OWNERSHIP XXXX ACCOUNT ; ONGOING DISPUTE ; PRAS VOID DEFAULT ATTEMPTS ; BAD-FAITH CONTINUANCES ; SECURITIZATION BAR ; FAILURE TO COMPLETE INVESTIGATION To Whom It May Concern : This letter responds to your most recent correspondence regarding the alleged Barclays/Synchrony account, attached herein, which you claim to have purchased. For the reasons set forth below, Portfolio Recovery Associates ( PRA ) does not own this debt and has never possessed legal standing to collect, report, or litigate it.

This response incorporates the factual and legal record documented in my previously filed materials in Cause No. XXXX, including : Bench Brief for Immediate Dismissal ( no evidence filed ) PRA XXXX Bench Brief Emergency Consolidated Motion to Dismiss With Prejudice ( standing, securitization, disputes, no chain of title ) PRA XXXX DEFENDANTS EMERGENCY Motion to Compel Ownership Documents ( demanding Forward Flow, Schedule XXXX, data tape, trustee authorization ) PRA XXXX DEFENDANTS MOTION TO Your new letter further reinforces PRAs continued inability to verify ownership or produce required documentation. 

I. THE ACCOUNT HAS BEEN UNDER ACTIVE DISPUTE WITH ALL THREE CREDIT BUREAUS AND THE CFPB At all times relevantand prior to any lawsuit filed by PRAthis alleged account was under active dispute with : XXXX XXXX XXXX The Consumer Financial Protection Bureau You acknowledged ongoing investigations in writing, stating the account may not be yours.

Under FCRA 1681s-2 ( a ), 1681s-2 ( b ), the Texas Finance Code 392.304 ( a ) ( 8 ), ( 19 ), and the 2015 CFPB Consent Order, PRA can not continue collection activity, can not report, and certainly can not sue while an account is disputed and under investigation. 

Yet PRA : filed suit, filed a default motion with no business records filed, requested multiple continuances because you lacked evidence, continued reporting during dispute, and still can not verify ownership today.

This conduct is unlawful and voids any claim to enforcement.

II. PRA FILED A DEFAULT MOTION WITHOUT ANY BUSINESS RECORDS A VIOLATION OF TRCP 508.2 ( d ) The Register of Actions confirms PRA filed : No business-records affidavit No custodian-of-records declaration No Bill of Sale with Schedule 1 identifying me No Forward Flow Agreement No data tape No chain-of-title documents These failures are detailed in : Bench Brief ( PRA filed no evidence whatsoever ) PRA XXXX Bench Brief Emergency Motion ( PRA was never eligible to seek default ) PRA XXXX DEFENDANTS EMERGENCY Motion to Compel ( no ownership documents exist ) PRA XXXX DEFENDANTS MOTION TO Filing a default motion without any business records on file is a structural violation, not a technical error. 

This proves PRA never had standing and attempted to obtain judgment using evidence you did not possess.

III. YOUR THREE CONTINUANCES CONFIRM THAT PRA NEVER HAD STANDING AT FILING Standing must exist at the moment a lawsuit is filed. It can not be manufactured through : Continuances New affidavits Post-suit document creation Attempts to cure missing chain-of-title Your repeated continuances are an admission that PRA lacked : Evidence , Ownership documents, Chain of title, And a good-faith basis to sue. 

Texas law is unequivocal : standing can not be retroactively created. 

IV. SECURITIZATION MAKES OWNERSHIP IMPOSSIBLE BARCLAYS/SYNCHRONY CAN NOT SELL TRUST ASSETS TO PRA The XXXX receivable was securitized into a controlled master trust. Once securitized : The receivable becomes trust property. 

XXXX XXXX only as servicers, not owners. 

Servicing rights are not ownership rights. 

A servicer can not sell trust assets to PRA.

A valid transfer requires trustee authorization, which PRA has never produced. 

Your own filings and correspondence contain no : Pooling & Servicing Agreement, Master Trust documents, Trust-level release, Trustee authorization, Forward Flow Agreement, Schedule 1 identifying me, Or any document showing XXXX ever owned the receivable at the time of alleged sale.

A servicer can not sell that which it does not own.

Therefore, PRA can not legally own this debt.

V. PRAS LETTERS ADMIT THE ALLEGED DEBT MAY NOT BE YOURS A PARTY-OPPONENT ADMISSION Your letters in XXXX, XXXX, and XX/XX/XXXX expressly admit : PRA was unable to validate the account PRAs investigation was incomplete The debt may not be yours Under TRE 801 ( e ) ( 2 ), these are binding party-opponent admissions that PRA : lacked evidence, lacked ownership, and had no basis to continue collection or litigation.

You can not tell me this debt may not be yours while telling the court this debt is definitely his.

VI. ACCOUNT DEBT PRA ADMITS IT PURCHASES DATA, NOT LEGALLY ENFORCEABLE CONTRACT RIGHTS Your CFPB response states : PRA purchased these accounts, together with the right to collect the balance due An account is merely an internal ledger. 
A debt is a legally enforceable obligation requiring a valid assignment of ownership. 

To own a debt, PRA must produce : A Master Purchase Agreement A Forward Flow Agreement A Bill of Sale with Schedule 1 identifying the consumer A certified data tape Trustee authorization ( for securitized receivables ) You have produced none of these.

Therefore, PRA has purchased nothing more than electronic account data, not the underlying debt.

VII. FORMAL DEMAND FOR PRODUCTION OF OWNERSHIP DOCUMENTS Consistent with my filings in court, I demand PRA produ
ce the following within 10 days : A. Chain-of-Title & Standing Documents Master Purchase & Sale Agreement Forward Flow Agreement Bill of Sale with Schedule 1 listing my name/account number Certified data tape identifying my alleged account Trustee authorization or release for any securitized receivable All assignments and transfers B. Required Business Records ( TRCP 508.2 ( d ) ; TRE 803 ( 6 ), 902 ( 10 ) ) Cardmember agreement Complete payment and charge-off history Monthly statements Itemized accounting Custodian-of-records affidavit TRCP 21a proof of service for anything PRA claims to have sent C. Affiant Qualification & Audit Documentation Job description Training records Document creation audit trail Identity and role of any individual who created PRAs internal documents If PRA can not produce these documents , that failure will be treated as confirmation that PRA never possessed legal ownership and has been collecting and litigating without standing.

VIII. DIRECT QUESTIONS PRA MUST ANSWER Why did PRA file a default motion with no business records filed?

Why did PRA sue while the account was in dispute with all bureaus and the CFPB?

Why did PRA request three continuances if you owned the debt?

Why has PRA never produced a Schedule 1 identifying me?

Why has PRA not produced the Forward Flow Agreement?

Why has PRA never produced trustee authorization for trust-owned assets?

Why did PRA admit the debt may not be yours but continue collection and litigation?

Your silence on these issues is legally significant.

IX. DEMAND & RESERVATION OF RIGHTS Until PRA produces all required documents, this debt remains : Disputed, Unverified, Unproven, Unowned by PRA, And legally unenforceable.

If PRA continues reporting, attempting collection, or engaging in litigation without producing the above documentation, I will : Seek dismissal with prejudice, Pursue monetary damages, File additional CFPB complaints, Seek state and federal remedies for FCRA, FDCPA, and Texas Finance Code violations.

X. CONCLUSION You have sued, reported, and attempted to collect a debt you admit may not belong to me, while filing default motions with no evidence, requesting repeated continuances, failing to complete investigations, and failing to produce even the most basic ownership documents.

This demands immediate corrective action.

I will await your written response and complete production of all chain-of-title and ownership records within 10 days. 

Respectfully, /s/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation