Consumer complaint received 2023-09-18
Company: Resurgent Capital Services L.P.
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I received noticed on debt lawsuit on XX/XX/2023. I filed a Civil Action Answer on XX/XX/2023 stating that alleged debt had not been verified by Plaintiff. On XX/XX/2023, I received a letter from XXXX XXXX XXXX XXXX stating that a nonjury trial has been scheduled for this case, XXXX  XXXX, on XX/XX/2023. On XX/XX/2023, XXXX XXXX XXXX, XXXX, representing LVNV Funding LLC, filed a Motion for Summary Judgement. On XX/XX/2023, I received notice via email The motion filed on XX/XX/2023 will be decided on XX/XX/2023. Do not come to the courthouse because no oral argument has been requested. The courts decision will be provided to you. On XX/XX/2023, I filled a formal opposition to the Motion for Summary Judgement due to a genuine dispute of material fact. On XX/XX/2023, I requested debt validation from Plaintiff through providing the following documentation to fully validate the debt by having proof of contract/business relationship, extended privacy document, full account number of alleged owned debt, proof of claimed amount, accuracy of portfolio, 1099 C Filing Disclosure, Dunning Letter , affidavit of claimed from originating creditor. Oral Argument has been grantedscheduled on XX/XX/2023 notice via email on XX/XX/2023. I received Plaintiffs respond to Debt Validation request on XX/XX/2023 ; not enough time to submit a Motion to Compel due to the incomplete/partial data presented as the important facts are not in dispute. 
On XX/XX/2023, Judge XXXX, XXXX, XXXX, put both Plaintiff and Defendant, myself, into a separate room to settle the allegedly owned debt for three hours without verifying that debt, was in fact, owned by the Plaintiff. Once Oral Arguments began, Plaintiff focused on stating that Defendant has not denied owning the debt. Before Defendant was able to present argument, Judge XXXX identified that Exhibit A was missing, and Exhibit B was presented as Exhibit A and there was one crucial document missing. Once Defendant was able to speak, Defendant highlighted that Plaintiff has yet to verify debt, that the correct wording within the employee affidavit mimicked the affidavit from the original creditor that was supposed to be in its place, the full account number or social security was not provided to correctly identify the allegedly owned debt, and that the debt validation request was not answered in full. Judge XXXX asked why Defendant had not filed a Motion to Compel, to which Defendant stated not enough time was granted and the missing documents alone should make the Motion for Summary Judgement inappropriate for this case, allowing the Plaintiff enough time to provide appropriate documents by trial date. Judge XXXX asked if Plaintiff wanted to comment. Plaintiff, once again, highlighted that Defendant had not denied that debt was not owned, and that both full account number and full social security number were present, but omitted for privacy reasons, ( Plaintiff was unable to point on which document it was present and omitted from, as it was missing from the presenting evidence ). Judge XXXX stated that both parties would be notified of verdict and next steps to take. On XX/XX/2023, I received notice via email : Order for Summary Judgement Granted by Judge XXXX, and a second notice via email : The trial proceeding for XXXX XXXX scheduled for XX/XX/2023 has been cancelled, despite Judge XXXX identifying missing evidence and acknowledging that no full account number was present to validate identity. 
XXXX XXXX XXXX XXXX is attempting to collect a fee from me that I do not owe them. 

To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation proving my obligations to perform or comply, that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDC PA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time, I will also inform you that if your offices have or continue to report invalidated information to any major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, ( which it already has ), I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which XXXX XXXX puts me at risk currently. It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 
CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this debt was assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages ) PARTS OF A LAWFULCONTRACT 1. Parties competent to contract the parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds a meeting of the minds consensus ad idem, occurs between the parties when they recognize each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman.A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being an accommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognized by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorized agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.

Company response to consumer: Closed with explanation