Consumer complaint received 2023-12-15
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Subject : Request to Reopen Case - Inadequate Debt Validation and Inaccurate Reporting by LVNV FUNDING LLC Complaint ID - XXXX Dear Sir/Madam, I am writing to request the reopening of my case and to file a formal complaint against LVNV FUNDING LLC.This request stems from their continued failure to provide complete and satisfactory debt validation and their inaccurate reporting of information on my credit report. 
Despite my previous efforts to resolve this issue, LVNV FUNDING LLC has not adequately addressed the concerns raised. Specifically, their response to my debt validation request was incomplete and lacked the necessary documentation to verify the legitimacy of the debt. This failure not only violates my rights under the Fair Debt Collection Practices Act but also continues to adversely impact my credit standing. 
Given these unresolved issues and the significant impact they have on my financial profile, I am compelled to seek further assistance from the CFPB. It is imperative that this case be reopened to ensure that [ Credit Collection Agency 's Name ] is held accountable for their actions and that my concerns are addressed in a thorough and lawful manner. 
The key issues that necessitate further investigation and resolution include : 1. Incomplete and inadequate response to my debt validation request. 
2. Inaccurate information reported on my credit report by LVNV FUNDING LLC.

3. Lack of compliance with the legal requirements for debt collection and reporting.

Enclosed are the questions that I have previously asked, along with an additional question added to the previously asked questions. LVNV Funding LLC should answer each and every question with accurate information, including previous correspondence with LVNV FUNDING LLC and records of the disputed credit report entries. These questions highlight the areas where LVNV FUNDING LLC has failed to comply with legal standards and the impact of these failures on my financial standing. 


1. Please provide a complete payment history made by me, as required by Spears v. Brennan, 745 N.E.2d 862 ( 2001 ) Ind. App. LEXIS 509. This should include verification by line item, with an explanation for each item, such as when the purchase took place, the cost of the item, whether the goods were received, and when they were received. This information should be obtained directly from the original creditor for the entire amount you claim I owe. 
2. A certified copy of the originating contractual agreement bearing my signature with the initial creditor that I would pay this creditor, elucidating terms pertinent to interest, fees, and ancillary charges.

3. I am requesting information to determine if any insurance claims have been made regarding this debt. Please provide any relevant documentation or evidence of such claims.

4. I require proof that you have the legal chain of title necessary to collect this debt. This should include documentation showing the transfer of ownership of the debt from the original creditor to your agency.

5. The obligation between LVNV Funding LLC and me, which permits you to collect on the alleged debt, and any transactions with LVNV Funding LLC that bind me to an agreement to pay any money that LVNV Funding LLC claims I owe 6. The exhaustive sum of the purported debt, encapsulating any accrued interest, fees, or additional charges.

7. An itemized account of the principal amount initially owed, accompanied by a delineation of any interest, fees, or other charges incorporated post the original creditor 's assignment of the debt to your agency.

8. The name of the creditor to whom the debt is owed ; 9. The precise date marking the initial default or non-payment related to this account.

10. Documentary evidence affirming your agency 's legal authority to initiate collection activities within my jurisdiction, inclusive of, but not limited to, necessary licensure and registrations.

11. Confirmation that the window for the statute of limitations concerning this debt remains open.

12. A statement that unless I dispute the validity of the debt within 30 days, it will be assumed valid by your agency ; 13. A statement that if I do dispute the debt within the 30-day period, your agency will obtain verification of the debt or a copy of a judgment against me and mail me these verifications ; 14. A statement that upon my written request within the 30-day period, your agency will provide me with the name and address of the original creditor, if different from the current creditor.

I appreciate the CFPB 's attention to this matter and look forward to your prompt response and assistance in resolving these ongoing issues.

Thank you for your time and consideration. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation