Consumer complaint received 2023-11-02
Company: Resurgent Capital Services L.P.
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, IL XXXX Dear XXXX, I hope this message finds you well. I am writing in response to your recent correspondence dated XX/XX/2023. It appears that there may be a misunderstanding regarding my previous request for debt validation and the subsequent communication. 
In my initial letter dated XX/XX/2023, I explicitly requested validation of the alleged debt in accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ). I requested a copy of a signed contract or agreement that was signed by all parties involved. Regrettably, your response included an account summary, which does not meet the criteria for proper validation. Under the FDCPA, it is crucial that collectors provide clear and accurate validation of a debt, including the requested documentation.

Furthermore, I asked that all collection activity, including credit reporting, be ceased immediately. This is in line with my rights under the FDCPA. Despite this request, it appears that reporting on the disputed debt has not been halted, and my personal information has been shared without my consent to third parties, which raises concerns about consumer privacy.

In light of these issues, I must emphasize that your response has not adequately addressed my specific requests and appears to be in violation of the FDCPA. I would like to draw your attention to the following points : 1. Failure to provide proper validation of the alleged debt by not supplying a signed contract or agreement as requested. An account summary does not fulfill the requirements of debt validation. The FDCPA stipulates that collectors should not attempt to collect any debt that is not expressly authorized by an agreement creating the debt or permitted by law.

2. Failure to cease credit reporting on the disputed alleged debt. Under the FDCPA, it is considered misleading to communicate credit information that is unknown or should be known to be false.

In the spirit of transparency, I would also like to inform you that a lawsuit was recently brought against me by XXXX XXXX for similar claims. I am pleased to report that I successfully defended my case in court, demonstrating my commitment to upholding my rights and holding debt collectors accountable for their actions.

Due to the issues outlined above, I have experienced additional stress, credit damage, and incurred costs, which I believe could have been avoided. You have missed the opportunity to resolve this matter amicably without resorting to litigation. As such, I intend to seek legal counsel to initiate litigation against you under the FDCPA.

However, you may still choose to rectify the situation before formal legal action is taken. To resolve my FDCPA claims, I kindly request that you take the following actions : 1. Cease and desist all collection activity related to the alleged debt. 
XXXX. Delete all credit reporting associated with the disputed debt. 
3. Tender the amount of {$1000.00} U.S. payable to the order of XXXX XXXX within XXXX business days from the receipt of this notice. 
I believe that resolving this matter promptly and in a compliant manner is in the best interest of all parties involved. I look forward to your timely response and cooperation. 


Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation