Date Received: 2022-08-30
Issue: Closing your account
Subissue: Can't close your account
Consumer Complaint: 1. XXXX, XXXXMultiple attempts to pay off XXXX Credit Card ( XXXX via XXXX ). Confirmed complete via call center operators.. Account # : XXXX XXXX XXXX XXXX XXXX. XX/XX/XXXX, XXXX XXXX passed away. 3. XX/XX/XXXX, XXXXFinal payment sent for oustanding payment installments of {$60.00} 4. XX/XX/XXXX, XXXX cashed check acknowledging final payments sagainst account 5. XXXX, XXXXResurgent " bought '' debt from XXXX and began harrassing phone calls and letters trying to collect ONLY accumulated Interest and late fees of {$290.00}. There are NO outstanding products with payments due since XXXX. Again, Resurgent is claiming we owe on interest and late fees only through XXXXXXXX XXXX This is harrassment to an already grieving family and we request help to cease and desist.
Company Response:
State: OH
Zip: 45238
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: My complaint is against Resurgent Receivables LLC AKA Resurgent Capital Services. They are in violation of 15 USC Code 1681a ( b ) which prohibits them from reporting a payment history on my consumer reports. I have copies of all 3 my consumer reports for the month of XXXX that shows they are reporting two XXXX as collection accounts, and are showing a payment history for those accounts. This is a violation of federal law. I addition to their violation of 15 USC Code 1681a ( b ), they are reporting inconsistent information on my consumer reports. On my XXXX report, they are reporting the loan type as a " Factoring Company ''. Whereas, on my XXXX and XXXX reports they are reporting the loan type as " Debt Buyer ''. The account types they are reporting are also inconsistent. Listed below are the inconsistent account types ; XXXX : Account Type - " Open Account '', XXXX : Account Type - " Debt Buyer '', XXXX : Account Type - " Other '' This is a clear violation of the FCRA which promotes the accuracy and fairness of consumer reporting. They have also failed to provide validation of the collection accounts they are reporting under my social security number. According to the FTC A PRINTOUT OF A CREDIT CARD STATEMENT DOES NOT CONSTITUTE VALIDATION OF THE DEBT! I have tried repeatedly to get them to resolve my dispute by removing the tradelines from my consumer reports, as of today XX/XX/22 they have failed to do so. The FCRA requires that they delete any incomplete, inaccurate, unverifiable information from my credit reports and they are refusing to do so. If they do not delete both of the inaccurate, unverifiable tradelines from my ALL of my consumer reports, I will be seeking all legal remedies allotted to me under federal and state law, up to and including {$1000.00} for EACH VIOLATION!
Company Response:
State: NC
Zip: 27106
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XX/XX/XXXX I sent XXXX a debt validation letter. XX/XX/XXXX Resurgent Capital Services sent me a letter along with one statement and a Account Summary that was prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. They made it very clear that the account summary was not from the original creditor. XX/XX/XXXX I wrote Resurgent Capital Services. XX/XX/XXXX Resurgent Capital Services responded with the same exact letter they sent XX/XX/XXXX. They have ignored my dispute that I sent them directly notating all the violations they have committed. The paperwork Resurgent sent me directly claims they have acquired the alleged debt on XX/XX/XXXX but claims that the last payment was made XX/XX/XXXX. I've never paid a dime to Resurgent, but they claim I did 2 months after they acquired the alleged debt. at the time of the acquisition the alleged debt was for {$1300.00} but the current balance reads {$1200.00}. There paperwork reads that a payment was made or a credit was applied of the amount of {$110.00}. all these allegations are false and I believe resurgent is practicing illegal procedures. what date was this alleged payment or credit applied to the balance? it is illegal to alter the original balance that was charged off and if they claim that a payment was made then how was the alleged payment processed? I want to see the exact transaction. in there response letter they also notate another collection agency named XXXX XXXX XXXX saying they have received correspondence regarding the verification on this alleged debt. why is there another entity being notated in a letter that has nothing to do with resurgent or this alleged debt? when it comes to there dunning letter they sent me Resurgent is trying to collect on a debt that I owe to LVNV Funding LLC. now I believe LVNV funding and Resurgent are possibly under the same umbrella but the fact that they make it seem like XXXX is a original creditor is a violation. A debt collector can not be a original creditor. Resurgent has also failed to notate the full account number in there dunning letter. in conclusion Resurgent or LVNV funding or XXXX XXXX XXXX has NOT properly validated this alleged debt and they have violated the FDCPA on numerous counts. Resurgent has altered the original charge off balance that could have possibly re-aged this account. resurgent has falsly accused me of making a payment to there agency 2 months after they acquired the alleged debt. Resurgent claims that XXXX is the original creditor. Resurgent has threatened to return this account to active collection even tho the alleged debt has not been properly validated and is time barred. Resurgent has inserted another company XXXX XXXX XXXX in there correspondence. Resurgent is illegally trying to collect this debt under my name without any verification or contractual agreement that was made.
Company Response:
State: TX
Zip: 75604
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: U.S. Code 15 U.S.C. 5 1681 Section 604 of The Fair Credit Reporting Act According to the Fair Credit Reporting Act, Section 611 ( 5 ) ( A ) of the FCRA- you are required to promptly DELETE all Information that is inaccurate, Incomplete, or which can not be verified. 15 US.C, 1602 ( g ) 15 U.S.C 1681s-2 ( a ) ( 1 ) ( a ) 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions Which is a {$1000.00} per violation
Company Response:
State: KY
Zip: 410XX
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: In accordance wi the fair credit reporting act, Credit collection XXXX XXXX XXXX XXXX XXXX XXXX has violated my rights and HIPPA violation 15 U.S.C 1681 section 602 A states I have the right to privacy 15 U.S.C 1681 section 604 A. Section 2. It also states a consumer reporting agency can not furnish an account without my written instructions
Company Response:
State: FL
Zip: 33064
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I did not open this account. The information is wrong and my name is missed spelled and I DID NOT OPEN OR AUTHORIZE my information.
Company Response:
State: CA
Zip: 90250
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I have an account in collection and contacted the LVNV funding to advise that the account was fraudulent opened and that XXXX XXXX the original owner of the account closed the account as fraud. they purchased the account and have asked me to for documentation for which I do not have. so I asked that they contact XXXX XXXX and have the account disputed. they transferred me to XXXX XXXX. who I have consistently called every 2 to 3 days since XX/XX/XXXX, advising them I needed to have this account removed and if after my dispute I would work to settle the account. every time I called they stated still in dispute. on XX/XX/XXXX when I called 3 days after my XX/XX/XXXX call they advised a judgement was issued on XX/XX/17 and that I could not settle and the dispute was still in process. they were not transparent with what was happening with my account and did not offer me to settle but sent for judgement during the dispute and I believe this account should be removed. I have tried for quite some time over a year to get this account settled and neither XXXX or LVNV funding would work with me? can someone from your office contact me with regards to what I can do.
Company Response:
State: NY
Zip: 145XX
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-29
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: XXXX continues to allow lvnv funding to reporting an 2 open collections on exempt funds violate the Exempt income protection act an account that is exempt from debt collection should not be reporting an open account or any account this is considered continuous collection on exempt funds and must be deleted at once
Company Response:
State: NY
Zip: 11691
Submitted Via: Web
Date Sent: 2022-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX XXXX XXXX XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: IL
Zip: 61615
Submitted Via: Web
Date Sent: 2022-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-30
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: RESURGENT RECEIVABLES LLC HAS BROKE THE LAW! Pursuant to 15 USC 1681 ( a ) ( 1 ) The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal, family and household purposes. RESURGENT RECEIVABLES LLC and their inaccurate reporting have damaged my livelihood. The Congress makes the following findings : 15 U.S. Code 1681 ( a ) The banking system is dependent upon my consumer report being fair, and accurate to me. RESURGENT RECEIVABLES LLC reporting inaccuracies to be furnished on my consumer reports has caused me to lose confidence in the banking system, Inaccurate credit reports directly impair the efficiency of the banking system. CFPB, this is my attempt to OFFER OF SETTLEMENT BEFORE LITIGATION for RESURGENT RECEIVABLES LLC to amicably resolve the continuous violations of the Fair Credit Reporting Act regarding their refusal to stop reporting EXCLUDED items on my consumer credit report. Pursuant to 15 USC 1681a ( d ) ( 2 ) ( a ) ( i ) - Congress makes it clear that a consumer report should NOT include transactions between the consumer and the person making the report. Those alleged transaction that RESURGENT RECEIVABLES LLC are reporting, and failed to investigate, whether or not its factually took place, can be categorized as a transaction that took place between the consumer, and the person making the report. Which means it should not be included in my consumer report, and in fact is a violation of my consumer rights. Pursuant to 15 USC 1681a ( 2 ) ( b ) - Any authorization of a specific extension of credit, of a credit card or similar device should be excluded from my consumer credit report. This alleged transaction that RESURGENT RECEIVABLES LLC clearly did not investigate is categorized as a transaction that was issued from a credit card. Credit card as defined under 15 USC 1602 ( l ).
Company Response:
State: PA
Zip: 19143
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A