Consumer complaint received 2024-12-29 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Portfolio Recovery Associates, LLC
State: GA

Complaint narrative:
I am writing to formally notify you that your attempts to collect on the alleged debt referenced above are in violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 USC 16921692p. If you are not aware this entire claim is regulated by an arbitration agreement with XXXX XXXX, which clearly stipulates that any dispute must be resolved through arbitration due to the binding agreement. To date there has been no arbitration proceedings. As a direct result of that this is considered a material breach of the arbitration terms listed in the original agreement acknowledged by all involved parties. 

Furthermore, a payment was made to the original creditor on XX/XX/year> by XXXX XXXX XXXX XXXX XXXX, and proof of payment was provided, yet the negative entries related to this account remain on my credit reports for six years now. 

So in addition to the violation above, the additional violations are as follows : Under the Fair Debt Collection Practices Act ( FDCPA ), Section 807 ( 8 ), it is unlawful for debt collectors to use any false, deceptive, or misleading representation in connection with the collection of any debt. By failing to delete the account, your agency is potentially engaging in deceptive practices. 

Under Section 808 ( 1 ) of the FDCPA, continuing to report the debt in violation of my agreement with the original creditor could be considered an unfair practice.

Under the Fair Credit Reporting Act ( FCRA ), Section 623 ( a ) ( 1 ), your agency is required to provide accurate information to credit reporting agencies. Your continued reporting of this debt after being notified with proof of payment that it should be deleted is not only inaccurate but also in violation of this section.

Your agency has reported inaccurate information to credit bureaus in violation of 15 U.S.C. 1681s-2 ( a ). Statutory Damages : {$1000.00} 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Prohibition Against Knowingly or Recklessly Furnishing Inaccurate Information : Your agency has knowingly or recklessly furnished inaccurate information to credit bureaus, violating 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ). Statutory Damages : {$1000.00} These actions have caused significant harm to me, including damage to my credit score, and emotional distress as it relates to my ability to pursue other loans and credit opportunities. As a result, I am entitled to statutory damages of up to {$1000.00} for each violation listed above.

I am requesting immediate action to correct this matter. Please remove and delete any negative entries related to this account from all credit reporting agencies. As I confidently assert that you have no right to collect on this alleged debt.

I am writing this as I humbly seek to have this discrepancy resolved both promptly and amicably.

With that, my demands are as follows : 1. You must promptly notify any credit reporting agency to remove all information and/or tradelines associated with this account. I request a written confirmation of that communication to be sent to the address you have on file ; 2. A settlement agreement that I may retain for my records.

3. Monetary compensation in the amount of {$2000.00}.

While I do not desire or anticipate that your negligence may force me to pursue further legal action, that option will be explored. In the event that needs to happen, you are subject to a significant increase in demands to cover damages, attorney fees, and more. I am sure a company of your caliber does not look to unreasonably be exposed to those routes. 

Thank you for your immediate attention to this matter. We look forward to resolving this issue promptly and receiving confirmation of your compliance within 15 days.

Company response to consumer: Closed with explanation