Consumer complaint received 2021-04-24
Company: Resurgent Capital Services L.P.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
This letter is your notice that I dispute the above referenced debt. 
This is not my account. I do not owe this balance. I did not open this account. This account was opened without my consent or knowledge. 
I request that you verify this account with all pertinent information, including the original creditors identity principal amount, late charges, interest, and collection costs that have been assessed. 

Please cease all collection efforts for this account until you have provided me the with the validation of said debt, the verification of my personal information and all contracts bearing my ACTUAL SIGNATURE that I have requested and please do not send any computer printouts I want to see actual documents bearing my signature. 

It is a crime to threaten suit with no intention of doing so, therefore you can take heed that I am very serious about filing suit against you. 

Accordingly, I can show a judge that these accounts are inaccurate and that you violated the Fair Credit Reporting Act by ignoring my requests to investigate these items. My previous letters- all sent certified mail- stated my reasons for an investigation and these reasons were not frivolous in anyway.

I believe your company has violated several of my consumer rights. Specifically, you : -Failed to validate a debt at my request- FDCPA violation -Continued to report a disputed debt to the CRA- FCRA violation -Continued to attempt to collect a disputed debt- FDCPA violation -Ignored my cease and desist- FDCPA violation Not only have you ignored my prior requests for validation of debt also you continue to report this debt to the credit bureaus causing damage to my character. This letter will again request that you follow the FDCPA and provide the following : I do mean all XXXX, request. 

Validation of Debt Request - Proof of your right to own/collect this alleged debt. 
- Balance claimed including all fees, interest and penalties. 
- Contract bearing my ACTUAL personal signature ( Not a Computer Printout ). 
- License proof to collect debts in my state. 
- A credit agreement signed by me and you. 
- Documentation of the chain of custody of all paperwork- in short, proof that the paperwork is accurate and came from the original creditor. 
- Copy of my NYS Photo ID which is required to open this type of account.

As you may be aware, " Admission by Silence '' legally means that you had a duty to defend your position but failed to do so and if my claims were untrue you would have been compelled to deny my charges. I will use the Admission by Silence in my defense when I summons you to court or take action against you and your company or law firm. 

Additionally, any attempt on your part to report this alleged debt to my credit reports will be a violation of the Fair Credit Reporting Act. 

Should you again ignore my request for validation of debt I reserve the right to sue your company for violations of my consumer rights as indicated under both the FDCPA and the FCRA. I may seek damages from you if warranted.

Company response to consumer: Closed with explanation