Consumer complaint received 2024-11-25 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:
I HAVE ASKED PORTFOLIO RECOVERY TO SHOW PROOF OF THE PURCHASE AGREEMENT BETWEEN THEM AND THE ORIGNAL CREDITOR THEY SENT STATEMENT TRANSACTIONS WHICH IS NOT A PURCHASE AGREEMENT ALSO ITS REPORTING AS A CHARGE OFF PER THE INTERNAL REVENUE SERVICE A CHARGE OFF IS CONSIDERED INCOME AND INCOME CAN NOT BE REPORTED AND A CONSUMER REPORT IF IT IS A CHARGE OFF WHY HAVE I NOT received A 1099C cancellation OF DEBT LAST THING THE DATES OPEN ARE ALL different which is inaccurate information being reported I am writing to formally dispute the charge-off account reported by [ Creditor 's Name ] under my name, account number [ Account Number ]. This correspondence serves as a notice of my rights under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ).

I would like to bring to your attention that, under the FCRA ( 15 U.S.C. 1681 ), consumers have the right to dispute any information in their credit report that they believe is inaccurate or incomplete. I believe that the charge-off designation on my account is misleading and improperly represented for the following reasons : 1. IRS Conclusions on Charge-Offs : The Internal Revenue Service ( 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.

2. 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. 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.

3. 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.

Per 12 CFR 1006.34 ( c ) ( 4 ) ( i ), your failure to provide accurate and complete disclosure of all necessary information prior to furnishing details to consumer reporting agencies further substantiates the illegal practices you are engaged in.

P.s. My NEXT letter will be a notification of my LOITS! So that you do not need for a legal dictionary, a LOITS notice is a Letter Of Intent To Suit! You BEST be PROVEN COMPLIANT to ALL requirements and standards of FCRA COMPLIANCE and also of the implemented CRSA enacted CDIA implemented XXXX XXXX Compliance mandates as well. I will demand verification that each employee at your firm which MIGHT have seen or conducted any business on the file you allege mine has been properly trained by a certified and qualified instructor of the XXXX XXXX data field formatted reporting standards. I am NOT shy in detailing my DOUBTS you can withstand the requisites to survive a court hearing versus me as I leverage your DEFICIENCIES for a slew of victories being awarded a minimum of {$1000.00} PER VIOLATION PER TIME, and there certainly appears to be a bucket full. So, lets do this! Anything OTHER than your letter describing to me that you have already begun or completed the annulment of these unproven claims versus me and have eradicated ENTIRELY any and all aspects of records of what you allege being mine ( yeah! ) will IMMEDIATE compel me to assume your hostile to my demands of proper reporting and I will assume that your ignorance of appropriate and adequate duties are willful and intentionally injurious. Being such, civil suits are obvious however criminal charges are not out the question, particularly if your chicanery-led subterfuge brings forth or allows. 

Collection Accounts : Accounts seriously past due PORTFOLIO RC XXXX XXXX XXXX Account # : XXXX XXXX -- High Balance : {$380.00} {$380.00} -- Last Verified : XX/XX/XXXX -- -- Date of Last Activity : XX/XX/XXXX XX/XX/XXXX -- Date Reported : XX/XX/XXXX XX/XX/XXXX -- Date Opened : XX/XX/XXXX XX/XX/XXXX -- Balance Owed : {$380.00} {$380.00} -- Closed Date : -- -- -- Account Rating : Derogatory Derogatory -- Account Description : Individual Individual -- Dispute Status : Account not disputed Account not disputed -- Creditor Type : Other Collection Agencies Other Collection Agencies -- Account Status : Closed Closed -- Payment Status : Collection/Chargeoff Collection/Chargeoff -- Creditor Remarks : Dispute resolved; customer disagrees Subscriber reports dispute resolved - consumer disagrees. 
-- Original Creditor : XXXX XXXXXXXX XXXX XXXX XXXX -- Last Payment : -- -- -- Past Due Amount : {$0.00} {$0.00} -- Account Type : -- XXXX XXXX XXXX XXXX Account # : -- -- XXXX High Balance : -- -- {$380.00} Last Verified : -- -- -- Date of Last Activity : -- -- XX/XX/XXXX Date Reported : -- -- XX/XX/XXXX Date Opened : -- -- XX/XX/XXXX Balance Owed : -- -- {$380.00} Closed Date : -- -- -- Account Rating : -- -- Open Account Description : -- -- Individual Dispute Status : -- -- Account disputed Creditor Type : -- -- Factoring Companies Account Status : -- -- Open Payment Status : -- -- Late 120 Days Creditor Remarks : -- -- Consumer disputes this account information Consumer disputes after resolution Payment Amount : -- -- {$0.00} Last Payment : -- -- XX/XX/XXXX Term Length : -- -- -- Past Due Amount : -- -- {$380.00} Account Type : -- -- -- Payment Frequency : -- -- -- Credit Limit : -- --

Company response to consumer: Closed with explanation