Consumer complaint received 2025-03-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Portfolio Recovery Associates, LLC
State: CA

Complaint narrative:
To Whom It May Concern, I am filing this formal complaint against Portfolio Recovery Associates , LLC ( XXXX ) for unlawful debt collection practices, failure to properly validate an alleged debt, illegal re-aging of the account, and improper, inaccurate credit reporting, all of which have caused severe harm to my credit profile and financial well-being as a mother and primary provider for my family of XXXX. 

Background & Timeline : On XX/XX/XXXX XXXX XXXX  Portfolio first contacted me about an alleged debt they claimed to have acquired from XXXX XXXX XXXXXXXX. 
On XX/XX/XXXX, I sent Portfolio a timely Debt Validation and Ownership Documentation Request ( attached ). In that letter, I made clear that I was conditionally willing to resolve any lawful debt if and only if Portfolio could provide proof of ownership, a full chain of title, the original credit contract, and lawful documentation demonstrating their legal right to collect and report this debt. 

On XX/XX/XXXX, Portfolio responded with a single statement from XXXX XXXX and a letter stating that was all the seller XXXX XXXX  XXXX ) provided to them. They did not provide : *A valid Purchase Agreement. 
*A Bill of Sale tracing the full chain of ownership from XXXX XXXXXXXX to XXXX XXXX, back to XXXX XXXXXXXX from XXXX  and then to Portfolio Recover Associates XXXX 
*The original Cardholder Agreement or contract governing this account. 

This failure to properly validate the alleged debt is a violation of both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

Despite this failure, in XX/XX/XXXX, Portfolio unlawfully reported this unvalidated account to the credit reporting agencies. 

Worse, they also Re-Aged the account, falsely listing the account as opened on XX/XX/XXXX, even though the alleged debts date of last delinquency was back in XX/XX/XXXX. This illegal re-aging artificially extended the reporting period, in violation of federal law. 

Violations Committed by Portfolio Recovery Associates , LLC -Failure to Validate Debt=FDCPA Violation Portfolio failed to properly validate the alleged debt as required by 15 U.S.C. XXXXg ( b ). Providing a mere account statement is insufficient under California law and the FDCPA, especially after I specifically requested the Purchase Agreement, full chain of title, and original contract. 

Inaccurate and Unlawful Credit Reporting=FCRA Violations *15 U.S.C. XXXX ( b ) : Portfolio failed to conduct a proper and reasonable investigation after I disputed the debt and requested full validation. 
*15 U.S.C XXXX XXXX ( b ) : Portfolio failed to ensure maximum possible accuracy when furnishing information to credit reporting agencies. 
*15 U.S.C XXXX XXXX ( a ) ( XXXX ) ( A ) : Portfolio knowingly furnished information to credit bureaus without proper basis, since they had not proven their legal right to collect or report this debt. 

Illegal Re-Aging of Debt = FCRA Violation *By reporting this account as a newly opened account on XX/XX/XXXX, rather than accurately reflecting the true date of delinquency ( XX/XX/XXXX ), Portfolio illegally re-aged the debt to artificially extend the reporting period. This violates the FCRA and the Consumer Data Industry Association ( XXXX ) guidelines for accurate credit reporting. 

Identity Theft and Unauthorized Reporting Because Portfolio never obtained proper documentation proving they have a lawful right to possess, collect, or report this alleged debt, their actions amount to identity theft under XXXX XXXX. XXXX ( a ) ( XXXX ), as they are unlawfully using my personal information to create and report a new account in my name without my consent or a lawful basis under a valid contract. 

California State Law Violations Under California XXXX CXXXXe XXXX, Portfolio, as a debt buyer, is required to provide complete documentation to prove ownership and the right to collect, not just account statements. They have failed to meet this legal requirement. 

The Chain of Title Problem & Transparency Failure Portfolios failure to provide the Purchase Agreement is not a minor oversight, it is a deliberate refusal to prove they legally own this alleged debt. The true chain of title would need to show : *When and how XXXX XXXX sold the debt to XXXX XXXXXXXX XXXX XXXX 
XXXXWhen XXXX XXXX reacquired it from XXXX ( if they ever did ). 
*How and when Portfolio Recovery Associates XXXX purchased the debt. 
*Whether any rights were retained by XXXX or XXXX XXXX, that gives them the right to continue to collect. 

Without this, there is no proof that Portfolio has any right to collect, or report this alleged debt. 

I want to be clear : I am conditionally willing to resolve any debt that is lawfully owed, provided Portfolio can prove both what is owed and to whom. 

That proof requires : *The original contract ( cardholder agreement ). 
*A valid purchase agreement proving Portfolio has legal standing. 
*A complete chain of title tracing every sale or transfer of this alleged debt since its date of first delinquency. 
*Proof the debt is correctly reported, including the correct date of XXXXXXXX  delinquency. 

Until such proof is provided, I demand : *Immediate removal of this account from all credit reporting agencies. 
*That is account be closed and there be a permanent cease and desist of all collection efforts by Portfolio Recovery Associates and its affiliates agent or partners. 
*A formal statement from Portfolio admitting they can not prove ownership and that any further collection or reporting would be unlawful.

Company response to consumer: Closed with explanation