Consumer complaint received 2023-05-12
Company: Resurgent Capital Services L.P.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Dear Resurgent Capital Services, I am writing to follow up on my previous letters and my complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding the debt that is currently on my credit report. As I have stated before, I did not receive any notification or validation of this debt, and I have requested substantiation of this debt multiple times. 

I am attaching all of my previous correspondence with your company, including the letters I sent requesting validation of the debt and my previous dispute through XXXX XXXX. As you can see from these documents, I have repeatedly requested substantiation of this debt, and I have not received it until my complaint to the CFPB in XX/XX/2023. 

Furthermore, I would like to address the fact that every time I have contacted your company with a claim through the CFPB, you seem to retrieve new documentation with questionable dates entered. Moreover, None of the documents provided from my first correspondence with the CFPB addressed the fact that I requested substantiation of debt and had not received it until my first complaint. 

According to the Fair Debt Collection Practices Act ( FDCPA ), debt collectors are required to provide written validation or substantiation of the debt within five days of their initial communication with the consumer. If a consumer disputes the debt, the debt collector must cease all collection activities until they provide the requested validation.

If the consumer disputes the debt, the debt collector must cease collection efforts until the verification or substantiation of the debt is provided. The debt collector must also inform the consumer of their right to dispute the debt and request verification or substantiation.

If the debt collector fails to provide verification or substantiation of the debt, the consumer has the right to sue the debt collector for violating the FDCPA. Additionally, if the debt collector continues to attempt to collect the debt without providing the verification or substantiation, they may be subject to penalties and fines. But Im sure we all know the laws surrounding this situation.

As such, I am requesting that you remove this debt from my credit report because you failed to provide substantiation of the debt when it was requested, and I am only receiving substantiation of debt now, which still does not comply with the law as it was only given after my complaint to the CFPB. 

I urge the CFPB to verify any and all documents provided by your company. It is important that you adhere to all state and federal laws and regulations concerning the collection of debts. 

If this issue is not fully resolved, I will have no choice but to seek further action through the XXXX XXXX XXXX XXXX, my private attorney, and NY state attorney general 's office. I take this matter very seriously and I will not hesitate to pursue all available avenues to protect my rights and interests. 

Please see attached documents that are notarized and show proof that I have been making substantiation requests that have been ignored by this party. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation