Consumer complaint received 2024-12-05 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Portfolio Recovery Associates, LLC
State: AL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX, AL XXXX XX/XX/XXXX Portfolio Recovery Associates XXXX XXXX XXXX XXXX, VA XXXX RE : Account Number : XXXX To Whom It May Concern : I am writing in response to your recent correspondence, including your letters dated XX/XX/XXXX and XX/XX/XXXX. While I appreciate your response, I must reiterate my request for specific documentation to validate the alleged debt, as required by 15 U.S.C. 1692g ( b ) under the Fair Debt Collection Practices Act ( FDCPA ).

Emotional State and Timely Notification Concerns : I want to address your claim that a letter was sent to me on XX/XX/XXXX. During XXXX and XXXX, especially around the time you claim to have sent this letter, I was not in a state to receive or act on such correspondence. I was grieving due to significant personal losses, including a XXXX in XX/XX/XXXX, and undergoing medical procedures that left me emotionally and mentally vulnerable. The lack of timely notification has materially affected my ability to address this matter promptly and is a violation of my rights under the FDCPA to receive notice and have sufficient time to respond. 
Credit Reporting Concerns : On XX/XX/XXXX, your correspondence stated that you have no control over how credit reporting agencies reflect the information you provide. However, discrepancies in how the account is reported raise serious concerns about accuracy and compliance with the Fair Credit Reporting Act ( FCRA ). Below are the discrepancies : XXXX : Reports the account as open as of XX/XX/XXXX, with the last activity dated XX/XX/XXXX, and the status showing as open. 
XXXX : XXXX the account as open as of XX/XX/XXXX, with the last activity dated XX/XX/XXXX, and the status showing as open. 
XXXX : XXXX the account as open as of XX/XX/XXXX, with the last activity dated XX/XX/XXXX, and the status showing as closed. 
These inconsistencies not only demonstrate a lack of proper reporting but also suggest that the account may not have been accurately validated. Under 15 U.S.C. 1681s-2 ( a ) of the FCRA, data furnishers are required to ensure that information provided to credit bureaus is accurate and complete. Your failure to maintain consistency in reporting violates this requirement.

Statute of Limitations and Supporting Legal Arguments : The statute of limitations for enforcing credit card debt in Alabama is 3 years from the date of the last activity, which you state was XX/XX/XXXX. This would mean the statute of limitations expired on XX/XX/XXXX, barring you from legal enforcement of the debt. 
Your claim that a letter was sent on XX/XX/XXXX does not align with these dates, nor does it validate your right to collect or continue reporting this debt. Under 15 U.S.C. 1692e, it is unlawful to misrepresent the legal status of a debt or provide false or misleading information to consumers. Furthermore : Your failure to provide a bill of sale or proof of assignment between XXXX XXXX and XXXX violates XXXX5 U.S.C. 1692g ( b ).

Your continued reporting of this debt with conflicting dates violates the FCRAs accuracy requirements under 15 U.S.C. 1681s-2 ( a ).

Demand for Immediate Action : Given the above, I demand the following : 1. Immediate Removal of This Debt from all consumer reporting agencies ( XXXX, XXXX, XXXX ). These discrepancies and your inability to provide adequate proof of ownership demonstrate that you lack the basis to continue collection or reporting. 
2. Cease All Collection Activity : As the statute of limitations has expired, any further attempts to collect this debt are in violation of the FDCPA.

If these demands are not met, the Federal Trade Commission ( FTC ), and the Alabama Attorney Generals Office for further investigation. 
Conclusion : Your inability to produce adequate proof, coupled with the inconsistencies in reporting and the expiration of the statute of limitations, leaves me no choice but to consider this matter closed. Please confirm in writing within 15 days that this account has been removed from all credit reports and that no further collection activity will occur. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation