Date Received: 2023-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I keep getting harassed by resurgent capital and XXXX XXXX for a XXXX debt I never had and never used. I have asked for verification numerous times and they keep sending me inadequate verification and no real verification like a sworn affidavit of account from original creditor etc. a matter of fact their debt buying contract says that the original creditor does not warrant these accounts and they know it. See attached verification they sent which is an account summary they created! These companies should be investigated and XXXX down for their predatory tactics and I can not imagine how many people in this country they have scammed that doesnt know the law.
Company Response:
State: OH
Zip: 45069
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I was with XXXX XXXX until I closed my account in XXXX. I entered the store, closed my account, and paid the final balance. It was paid in cash and I was given a receipt. Once again this was done in early XXXX. They are sending me an invoice from XX/XX/ and I closed the account and paid the final balance in full in XXXX of XXXX. I am now receiving collection letters from companies Resurgent and XXXX XXXX stating that I owe {$1200.00}. This is 13 ( thirteen ) years later? I do not have the original receipt from paying the account. Who keeps a receipt from 13 years prior? I have requested documentation bearing my signature and they refuse to produce. I get an old bill that is not even the correct amount and is months later than when I closed the account.
Company Response:
State: AZ
Zip: 85282
Submitted Via: Web
Date Sent: 2023-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Resurgent Capital Services L.P. is collecting on a debt that they cant validate. As per letter they sent. They are in violation of 15 USC 1692 ( 2 ), 15 USC 1692 ( 5 ), 15 USC 1692e ( 2 ), 15 USC 1692e ( 10 ).
Company Response:
State: TN
Zip: 37221
Submitted Via: Web
Date Sent: 2023-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Contact this company they will not give me any information on this collection let them know I was fraud wand they keep putting on my report
Company Response:
State: MS
Zip: 387XX
Submitted Via: Web
Date Sent: 2023-08-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-30
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am writing to file a formal complaint against Resurgent Capital Services L.P. ( Debt Collection Agency ) regarding their handling of the alleged debt associated with the above-referenced account. Despite my previous communication with the agency, I remain dissatisfied with their numerous responses dated XXXX XXXX, two on XXXX, XXXX, 2023, XX/XX/2023, and XX/XX/2023 all stating the same, " We have received a recent inquiry regarding the above-referenced account and have enclosed the account summary which provides verification of debt. For further assistance, please contact one of our Customer Service Representatives ... '', which failed to meet the requirements for proper debt validation as mandated by the Fair Debt Collection Practices Act ( FDCPA ). Statements Are Not Sufficient Verification of Debt : In their previous correspondence, Resurgent Capital Services L.P. provided credit card statements and an account summary, claiming that they constitute verification of the debt. However, I want to emphasize that credit card statements or an account summary do not fulfill the FDCPA 's standards for proper debt validation. Debt collectors are required to provide specific details that validate the authenticity and accuracy of the debt. Demand for Proper Debt Validation : I kindly request that the Consumer Financial Protection Bureau intervenes and ensures that Resurgent Capital Services L.P. provides a comprehensive and substantiated validation of the alleged debt, adhering to the guidelines set forth in the FDCPA. The agency must be required to submit the following information : a ) Verification of the Original Creditor : Documentation that establishes the identity and contact information of the original creditor, including any account numbers or references associated with the alleged debt. b ) Detailed Account Information : A comprehensive statement of the account, including a breakdown of the principal amount, interest, fees, and any other charges claimed to be owed. c ) Signed Agreement or Contract : A copy of the signed agreement or contract that establishes my obligation to pay the alleged debt. d ) Proof of Assignment : Documentation confirming Resurgent Capital Services L.P. 's legal authority to collect the debt on behalf of the original creditor if the debt has been sold or transferred. e ) Itemized Transaction History : A complete itemization of the debt, including all relevant transactions, payments, and adjustments related to the account. f ) Schedules RC-Balance Sheet, RC-E-Deposit Liabilities, RC-C-Loans & Leases, RC-L-Derivatives, and off-balance sheet items, RC-S-Servicing, securitization, and asset sale activities : I demand that Resurgent Capital Services L.P. exhibits the relevant portions of these records, as mentioned in the debt verification process . These records are required under 12 U.S.C. 1817 ( a ) ( 1 ) ( Federal Deposit Insurance Act ) and are essential in validating the debt 's authenticity. Removal of Credit Bureau Reporting : If Resurgent Capital Services L.P. fails to provide the proper validation of the alleged debt within 30 days from the date of receipt of this complaint, I demand that the Consumer Financial Protection Bureau ensures the prompt removal of any negative credit reporting associated with this debt from my credit profile. The failure to validate the debt renders it unverifiable, and continued reporting of unverified information to credit bureaus is a direct violation of the Fair Credit Reporting Act ( FCRA ).
Company Response:
State: CA
Zip: 93313
Submitted Via: Web
Date Sent: 2023-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-30
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am writing to file a formal complaint against Resurgent Capital Services L.P. ( Debt Collection Agency ) in direct response to their letter dated XX/XX/2023. The unsatisfactory and inadequate response from Resurgent Capital Services L.P. in attempting to validate the debt associated with the above-referenced account is the final straw in their continuous disregard for consumer rights, which is now met with forceful action. Statements Are Not Verification of Debt : Resurgent Capital Services L.P. 's audacity to claim that an account summary constitutes proper verification of the debt is not only erroneous but also insulting to the intelligence of consumers. I am well aware that credit card statements or an account summary do not even come close to meeting the stringent standards for proper debt validation set forth by the Fair Debt Collection Practices Act ( FDCPA ) a law enacted to safeguard consumers from such misleading tactics. Demand for Proper Debt Validation : I demand that Resurgent Capital Services L.P. ceases its deceptive practices and promptly provides me with legitimate and irrefutable validation of the alleged debt. Their verification must be in strict compliance with the guidelines outlined in the FDCPA, which include but are not limited to : a ) Verification of the Original Creditor : They must furnish documentation that establishes the identity and contact information of the original creditor, along with any account numbers or references associated with the alleged debt. b ) Detailed Account Information : They are obliged to present a comprehensive statement of the account, which encompasses a breakdown of the principal amount, interest, fees, and any other charges claimed to be owed. c ) Signed Agreement or Contract : They must submit a copy of the signed agreement or contract that substantiates my obligation to pay the alleged debt. d ) Proof of Assignment : They are required to provide documented evidence confirming their legal authority to collect the debt on behalf of the original creditor if the debt has been sold or transferred. e ) Itemized Transaction History : I demand a complete itemization of the debt, encompassing all relevant transactions, payments, and adjustments related to the account. f ) Schedules RC-Balance Sheet, RC-E-Deposit Liabilities, RC-C-Loans & Leases, RC-L-Derivatives, and off-balance sheet items, RC-S-Servicing, securitization, and asset sale activities : They must promptly exhibit the relevant portions of these records, as mandated in the debt verification process. I reiterate that these records are required under 12 U.S.C. 1817 ( a ) ( 1 ) ( Federal Deposit Insurance Act ) and are critical in validating the debt 's authenticity. g ) the tax reports on the capital gains re-issued on the securities, an unaltered copy of the original security, the cash receipt required under UCC 3-501 ( b ) ( 2 ) ( iii ) and FASB Statement of Financial Accounting Standards Number 95 disproving that Resurgent Capital Services L.P enjoyed accord and satisfaction of its claim ( s ). Compensation for Damages to Credit and Reputation : Resurgent Capital Services L.P. 's malicious reporting of unverified debt information to credit bureaus has caused severe damages to my creditworthiness and reputation. As such, I demand full compensation for the losses incurred as a result of their illegal and unjust actions. The Fair Credit Reporting Act ( FCRA ) entitles consumers to seek damages for violations, and I intend to hold Resurgent Capital Services L.P. fully accountable for their actions.
Company Response:
State: CA
Zip: 93313
Submitted Via: Web
Date Sent: 2023-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Company cant validate the alleged debt.
Company Response:
State: TN
Zip: 37221
Submitted Via: Web
Date Sent: 2023-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: My name is XXXX XXXX. I am sending this compliant in regards to LVN Funding & Resurgent Capital. All alleged accounts that you are falsely claiming that I owe with no proof that Ive asked for. I contacted both companies which is represented by one company due to the fact that they violated my rights under the FDCPA and continued to harass me with phone calls at unpleasant times of the day and continued harassing me calling family members of mine, also I sent a certified copy of a cease & desist letter so to the harassing and threatening phone calls to collect an alleged debt accusing me that I owed. I sent in several certified documents asking for the companies to prove several things within the FDCPA laws along with the UCC & Constitutional laws which protects a person from harassing debt collectors violating their rights. I would like for the alleged debt be validated by providing the original contract with XXXX XXXX wet signature not anyone other than XXXX XXXX not XXXX XXXX, provide proof of ownership of the alleged debt that you are falsely accusing me of owing. If you cant provide any proof please remove immediately from my credit profile within 30 days or less. I have never opened any accounts or did any business contracting with these companies that allegedly claim I owe for the accounts listed in the attachments below. The date on the accounts are false and knowingly they could face charges under the FDCPA for several violations.
Company Response:
State: GA
Zip: 30350
Submitted Via: Web
Date Sent: 2023-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX days ago, I found XXXX accounts for collection on my credit reports I have no knowledge about. I contacted the Company that listed these accounts on my credit reports, LVNV FUNDING LLC. XXXX claims that I opened an account with XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX of XXXX and that I owe {$440.00} XXXX also claims that I opened an account with XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX of XXXX and that I owe {$620.00}. This information is false. I opened an account with XXXX XXXXXXXX XXXX XXXX XXXX on XX/XX/XXXX of XXXX which was closed on XX/XX/XXXX of XXXX with a XXXX balance, XXXX past due and a credit limit of {$300.00} Records also reflect this account was later purchased by another lender.
Company Response:
State: GA
Zip: 30906
Submitted Via: Web
Date Sent: 2023-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-29
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XX/XX/2023 RE : Method of Verification To whom it may Concern : I am requesting the Method of Verification for the following disputed account ( s ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This is in accordance with the Fair Credit Reporting Act 611 ( a ) ( 7 ). This is not a request for a reinvestigation of the previous dispute. This is rather a request for a Method of Verification where the following items should be provided to ensure the validity of the account ( s ). Please provide the following items : identify item ( s ) by the name of source, such as creditor or tax court, and identify type of item, such as credit account, judgment, etc. 1. The name of the original creditor and full account number ( s ). 2. The creditors address and telephone number 3. The persons name they verified the dispute with 4. The documentation used to verify the dispute According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX is a consumer reporting agency and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Write off accounts are deemed transactions, and transactions are prohibited from being furnished by credit reporting agencies. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. ''XXXX XXXX the financial institution and the credit reporting agencies XXXX XXXX XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX funding whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX XXXX XXXX and XXXX XXXX funding Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. accounts in question I am certain that the item I disputed is incorrect and should be removed, so l am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my dispute. I am very interested to learn how your investigators arrived at this erroneous conclusion. I would like to see a complete list of all documents and correspondence with. Please include all names and contact information of employees that you spoke to as part of this investigation. I am asking for this verification because my credit score is important to me, and I believe it is being unjustly degraded as a result of this unfortunate error. I would therefore request that you please do not send me a template letter in response to this request. I am in the process of planning a legal case, so l demand specific answers to the specific questions asked of you in this letter. I expect to receive a response within 15 days of receipt of this letter, or I will expect to see the item in question permanently expunged from my record. If you are unable to respond in a timely manner and provide the above items, please delete the account ( s ) from my credit report to prevent further damage. Thank you, XXXX XXXX
Company Response:
State: MI
Zip: 48210
Submitted Via: Web
Date Sent: 2023-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A