Consumer complaint received 2023-06-11
Company: Resurgent Capital Services L.P.
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I spoke with XXXX XXXX who called on XX/XX/XXXX, and was told this debt was pending attorney review but wasn't told I still had time to respond. Please request to review the recorded calls from them. I was offered a settlement in payments and gave my debit card #, because right now more legal disputes is not what I am looking for. I called them on XXXX, because I mistakenly confused a 1099 I received ( and submitted with my tax returns ) with a similar amount of debt discharged, and an older credit bill that I mistakenly wrote 1099 on ( when I was verifying this information by calling the creditors I settled debts with ahead of preparing to file my XXXX tax returns ) and said I believed I paid the debt. I called back ( and received a call and voicemail from a credit repair agency called XXXX XXXX, not leaving their company name but only the representative name, who I hadn't called per my phone records but they confirmed the date and time I called when I actually dialed another phone # looking for the right agency relevant to my debts. ) I wrote back to the email address I was provided to send in the proof of payment/1099 after going through my files, finding the original debt showing I had until XX/XX/XXXX to respond with no mention of attorney review. Below is the copied/pasted email I sent on XX/XX/XXXX after realizing I was mistaken and they were too so I wanted to get clarification ( which I'll also send as an attachment along with a copy of the debt itself ). I never received a call or email back from anyone at XXXX XXXX, and emailed back on XX/XX/XXXX asking for receipt of this email. Today I received an email that there was an update to my XXXX credit report, and see that this debt was added to collections on XX/XX/XXXX by LVNV Funding LLC when the letter I asked to be acknowledged says they must stop collections if I write to them. I made a mistake and caused some confusion to myself and them, but I did my due diligence to clarify it and am not trying to get out of paying the debt which is rightfully mine. I settled several debts last year, and have every intention to pay what's rightfully owed as I can, key word.. rightfully. However I refuse to spend unnecessary time and energy on any creditor 's abuse tactics especially when this is not the only problematic debt I have with regards to the means in which there is an attempt to be collected and when I have to be careful about how I allocate the limited funds certain parties are attacking me for ( which I will be filing complaints on as well ). I'm not 100 % sure what their reasoning is for not replying to me, or calling me back but it also seems that debtors ( and people and companies in general ) dislike when one debt gets settled and theirs is left behind, or someone asks for their rights but seems to have the shorter end of the stick.. leading to retaliatory behavior, which is nothing new for myself or others in this subject unfortunately. 

Good evening XXXX XXXX, To summarize.. at XXXXXXXX XXXX  I called the XXXX phone number given to me by XXXX XXXX who called me from the XXXX # on XX/XX/XXXX at XXXXXXXX XXXX to discuss this debt that had been given to him and was now pending attorney review, so he wanted to know my intentions. 

During today 's call I spoke with an agent named XXXX, who gave me this email address as I thought I realized while going through some papers and notes earlier that I already paid this debt ( through a different creditor ) and received a 1099, after making a payment arrangement. I also realize I was wrong in my confusion and haven't paid this debt yet, but received a 1099 for a discharge of {$780.00} from XXXX XXXX XXXX XXXX which has nothing to do with XXXX XXXX and mistakenly wrote a note of receiving a 1099 on the wrong debt document. I have piles of documents to go through and verify so this is my fault and I truly apologize for any inconvenience and confusion. I have the original debt document mailed to me by your agency, for your confirmation so please see attached. XXXX was very kind and understanding with my circumstances, and I don't want to blame your company for handling anything wrong especially when I understand debts are passed around and creditors/agents are just trying to do their job, but I just want to verify some things if you could please answer the below. 

1. In that I had until the XXXX to write to you guys, and the original debt says nothing about attorney review being the next step, why was that even mentioned on the call on XX/XX/XXXX? 

2. XXXX confirmed my payment installment was cancelled, but please confirm this in writing. I have intentions of eventually clearing this, when I can, but I won't be pressured into making payments when I'm not in a legal situation and obligated to. 

3. I spoke with XXXX XXXX, who made the arrangement, and was told by XXXX that you are the supervisor. XXXX XXXX ' name is on the payment arrangement, and on the letter mailed to me. I just want to understand why I was reached out to by XXXX on the XXXX if XXXX XXXX is my account manager. 

4. As I mentioned during today 's call, the IRS may still be reviewing my returns ( and is holding onto some of my refunds ) due to reasons which I'm not sure I'm obligated to disclose by law. As mentioned on the call with XXXX on the XXXX, my car was towed to a shop and unfortunately I wasn't approved for a payment plan. It's still in the shop despite having hefty amounts of money put into it this past year alone to have it repaired ( let alone being repaired just 2 months ago ), and I have serious housing issues, medical issues, galore to consider so I have no choice but to be choosy in where my limited funds are going at the moment. When I can, I will pay this and IF I can, in its entirety regardless of whether through your agency or another. If I rightfully owe it, I will eventually pay it. Circumstances have prevented me from keeping up with payments as I used to whether my accounts were open or charged off, which my records can clearly show despite whatever discrepancies may or may not show due to the ways the information is collected/reported. 

5. There are several phone # 's connecting to your company, which makes it confusing to keep track of how to get in touch with your creditor. Just an FYI. 

You have this from me, in writing, so I would appreciate the answers in writing, please and thank you! 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX NJ XXXX

Company response to consumer: Closed with explanation