Consumer complaint received 2023-09-04
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Notice of Default - Federal Claim/Arbitration All disputes with respect to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Federal XXXX XXXX XXXX in force when the Notice of Arbitration is submitted. 

If parties are unable to settle the dispute within the next ten ( 10 ) days, the parties shall refer the dispute to arbitration administered by XXXX 


Your company is attempting to collect a debt without a contract. According to 15 USC 1692a, Congressional Findings or Declaration of Purpose, you are hereby informed that as a result of your fraudulent practices, with the intention to cause harm, I have suffered mentally, emotionally, and financially. Your company falsely reported information that resulted in defamation of my character. Further, you created a deceptive form that made the creditors and employers believe that I was in debt, though you could not prove its validity. If the debts were valid you created a false impression that I was not able to pay the alleged debts Rule/Law- Pursuant to 15 USC 1692f ; prohibits the collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law., There is no contractual agreement between me and your company therefore your company is in violation of 15 USC 1692 ( f ) ( 1 ). Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( F.D.C.P.A. ), 15 U.S.C. 1692 ( G ) Section 809 ( B ). This notice states that your claim is disputed and validation of the account is required. 

Due to your company 's actions, I was discriminated against and denied my right to extend credit. I have suffered emotional as well as financial hardship. 
I hereby grant your company the opportunity to amicably resolve the matter by way of doing the following : 1. Deletion from all consumer reports 2. Clear away any alleged balance owed 3. Pay damages in the amount of {$10000.00}. 
You shall be granted five ( 5 ) days to respond.

Rule 602. Need for Personal Knowledge - A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

Evidence to prove personal knowledge may consist of the witnesss own testimony.

If there is no response to this letter within five ( 5 ) days, all legal rights shall be explored, including but not limited to, legal proceedings necessary in accordance with State and Federal laws. 



I have yet to be provided with proper debt validation. Please note, a statement is not an invoice, so would you please provide a signed invoice as requested. Please advise that any statements does not qualify as validation made pursuant to the F.D.C.P.A. laws. Also, a photocopy of an alleged loan application form does not constitute a contract since it does not contain signatures both by parties therefore please provide wet ink signatures of both parties. Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( F.D.C.P.A. ), 15 U.S.C. 1692 ( G ) Section 809 ( B ). This notice states that your claim is disputed and validation of the account is required. This notice is not a request for verification of the account or proof of my mailing address but a request for validation made pursuant to the F.D.C.P.A. laws. I humbly request that your agency/ office sends me valid proof of claim that I am legally obligated to pay you. Please provide me with the below mentioned items : The amount you claim the Respondent owes you An explanation showing me how you have computed the amount. Copies of any documents that prove I agreed to pay the alleged amount The identity of the original creditor Confirmation that the account has not crossed the statute of limitation ( SOL ) period Evidence that you are a licensed debt collector Evidence of your license numbers and your registered agent. A copy of the Contract binding both parties, in a letter by certified mail so that there is an independent witness to it having been delivered. I would like to inform you that in case your agency has reported invalidated account information to any of the three main credit bureaus such as XXXX, XXXX, XXXX, then it will be regarded as a fraudulent action under both federal and state statutes. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons : Violation of the Fair Credit Reporting Act ( F.C.R.A. ) Violation of the F.D.C.P.A. Defamation of character Use of my copyrighted property I would like to further inform you that if any action is taken during the validation period which could be regarded as detrimental to any of my credit reports, then I will seek advice about initiating a potential lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when, in fact, there is no provided evidence that it is. If your agency can provide me with the requested documents, I will need a minimum of thirty ( 30 ) days to investigate this information, and during this period of time, all collection activities must be stopped. Please advise that any statements does not qualify as validation made pursuant to the F.D.C.P.A. laws. Also, a photocopy of an alleged loan application form does not constitute a contract since it does not contain signatures both by parties therefore please provide wet ink signatures of both parties. Also, I request that you provide evidence that I must pay you in anything other than appropriate commercial paper should the debt be proven valid because, to my knowledge, the U.S. Congress provided the appropriate remedy for me to settle my debts via the remedy in House Joint Resolution ( H.J.R. ) XXXX of XX/XX/1933 under the United States, Public Law 73-10, and Public Law 48 stat. 112 ( among others ). If your agency/ company fails to respond to this debt validation request within a period of ten ( 10 ) days from the date of your receipt of my notice and affidavit, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once, or I will take legal action. All future communications with me should be done in writing and sent to the address mentioned in this letter. Further, any correspondence must be made in the form of a commercial affidavit under penalty of perjury and sent by certified mail. Any other form of service shall be deemed defective upon its face. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records. Any information obtained shall be used for that purpose. 


Note : Pursuant to 28 U.S.C. Section 1746 The attached statement does not need to be signed by a notary, provided it contains the following language : I declare ( or certify, verify, or state ) under penalty of perjury that the foregoing is true and correct. 

XXXX, XXXX XXXX

Company response to consumer: Closed with explanation