Consumer complaint received 2023-08-10
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I am writing to formally dispute the inaccurate, false, and unauthorized Collections entry on my credit report, which is being reported by Resurgent Receivables LLC, with Resurgent Capital Services L.P. known as " Resurgent '' serving as the Servicer for the account. I hereby request a thorough re-investigation of this matter based on the following concerns : Lack of Valid Validation of Debt : Resurgent has repeatedly failed to provide any valid verification of debt as required by the Fair Debt Collection Practices Act ( FDCPA ). Despite my previous requests for a contractual agreement containing my full signature and matching my social security number, Resurgent has not produced the necessary documentation to establish the legitimacy of the debt. 


Disputed Origin of the Account : Resurgent alleges that the Collections status is from an account that originated on XX/XX/XXXX, with XXXX XXXX XXXX, XXXX, and further claims the last payment was received on XX/XX/XXXX, for {$80.00}, with the account being charged off on XX/XX/XXXX, with a balance of {$2100.00}. I dispute the validity of this account 's origin with XXXX XXXX XXXX, XXXX, as I have never had any creditor relationship with XXXX XXXX XXXX, XXXX. through a contractual agreement executed with my full signature and matching my social security number. This constitutes a violation of the FDCPA, as the burden of proof lies with Resurgent to demonstrate the existence of a valid debt. 


Failure to Produce Assignment Transfer of Debt : Resurgent has not provided any verification of debt through an Assignment Transfer of Debt, as required by the FDCPA. This documentation is essential to validate the ownership and legitimacy of the collections account. The absence of such documentation further raises doubts about the legality and accuracy of the collections entry. 


Resurgent 's response has been inadequate and has not fulfilled the legal requirements for verification of debt, as outlined by the FDCPA. Instead, Resurgent has provided a false billing statement and terms and conditions, which do not constitute a valid contractual agreement under the FDCPA. This action has resulted in an inaccurate and misleading representation of my credit history with XXXX. 


I demand that XXXX initiate a comprehensive re-investigation into the accuracy and legitimacy of the collections entry reported by Resurgent Receivables LLC, taking into account the requirements set forth by the FDCPA. I urge XXXX to verify the existence of a valid contractual agreement, the permissible purpose for accessing my credit information, and the proper documentation regarding any Assignment Transfer of Debt, as mandated by the FDCPA. 


Furthermore, I request that XXXX provide me with a written response regarding the results of the re-investigation and any actions taken to address this dispute, specifically addressing the violations of the FDCPA. Additionally, I expect to receive an updated copy of my credit report reflecting the removal of the erroneous collections entry if found to be invalid or unverifiable. 


Your immediate attention to this matter is greatly appreciated. I believe that resolving this dispute in accordance with the law is essential, and I kindly request transparency throughout the re-investigation process, in compliance with the FDCPA.

Company response to consumer: Closed with explanation