Consumer complaint received 2024-12-07 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Portfolio Recovery Associates, LLC
State: FL

Complaint narrative:
Portfolio Recovery Associates XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Demand for Assignment Contract and Validation of Debt for Accounts # XXXX XXXX XXXX XXXX XXXXXXXX Dear Portfolio Recovery Associates, This letter serves as a formal demand for documentation validating your legal right to collect on the following accounts currently reported to my consumer report : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Balance {$870.00} Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, you are required to provide clear and sufficient validation of the alleged debts. Specifically, I demand the assignment contract proving your legal authority to collect on these accounts. A bill of sale or billing statements alone do not constitute sufficient proof of ownership or assignment.

Legal Basis for My Request : 15 U.S.C. 1692g ( b ) : Upon disputing the validity of a debt, the debt collector must provide verification. Verification requires substantive proof, including the assignment contract that demonstrates the transfer of ownership or the right to collect the debt. A generic bill of sale or billing statements are insufficient, as they do not establish your right to enforce the debt.

Uniform Commercial Code ( UCC ) 9-404 ( Rights Acquired by Assignee ) : Under the UCC, you must provide the original contract and proof that you acquired the rights to enforce the debt. If you lack such documentation, your claim to these debts is invalid. 
Federal Trade Commission XXXX XXXX XXXX XXXX XXXX : In this case, it was affirmed that debt collectors must possess and provide evidence of a legal transfer of ownership or assignment to collect on debts.

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) : Furnishers of information, including debt buyers, are prohibited from reporting information they know or should know to be inaccurate. Reporting debts without sufficient legal documentation violates this provision. 
Specific Documentation Required : Assignment Contract : Provide a copy of the assignment contract explicitly showing the transfer of ownership or the right to collect the debts from the original creditor to Portfolio Recovery Associates. 
XXXX Signed XXXX : Provide a copy of the original signed agreement between myself and the original creditor to establish the validity of the alleged debts. 
Purchase Amount : The purchase amount Portfolio Recovery Associates paid for these accounts must be disclosed to ensure transparency regarding ownership and collection practices.

Payment History and Balance Verification : A full and detailed account of the payment history, including how the balances were calculated, must be provided. This includes verification that the claimed balances are accurate and free from errors or inflated amounts.

Demand for Removal from My Consumer Report : If you can not provide the above documentation, it is clear you do not have the legal authority to collect on these accounts. As such, I demand that these accounts be immediately removed from all consumer reporting agencies to avoid further violations of the FDCPA and FCRA.

Failure to Comply : Failure to comply with this request will result in : Filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ) for violations of the FDCPA and FCRA.

Legal action to seek damages under 15 U.S.C. 1692k for your willful or negligent noncompliance. 
I expect a full response within 15 days of receiving this letter. Noncompliance will not be tolerated.

Company response to consumer: Closed with explanation