Consumer complaint received 2021-06-06
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Resurgent Capital Services/LVNV Funding is in violation of Truth in Lending as well as Fair Debt Collection Practices Act laws. 
Resurgent Capital Services/LVNV Funding sent me a letter on XX/XX/2021 stating that they have " acquired an account in which I am the alleged account holder. '' The letter stated that they are a debt collector but not attempting to collect a debt at that time. I have no contract or agreement with Resurgent Capital Services/LVNV Funding. 

On XX/XX/2021, I sent Resurgent Capital Services/LVNV Funding a packet with an Affidavit of Truth, Invoice, Debt Validation Form, Cease and Desist as well as 6 Exhibits labeled Exhibit A-Exhibit F with documented evidence/proof that Resurgent Capital Services/LVNV Funding is in violation of Federal laws in regards to me as a consumer as well as violating my natural person. My letter was signed and notarized under penalty of perjury. 
On XX/XX/2021, Resurgent Capital Services/LVNV Funding sent me an envelope that was not even sealed whereas anyone could have read the contents inside. In this packet was a paper listing me as the account holder, the original creditor as XXXX XXXX XXXX  with a balance of {$4700.00}. They also sent me a loan agreement with my name typed at the top and with XXXX XXXX XXXX  XXXX XXXX Loan Agreement and Promissory note typed underneath. 
This loan agreement and promissory note is in itself questionable as anyone can type a name on anything and say they owe it. Secondly, this still shows no documented proof of any contract between my person and Resurgent Capital Services/LVNV Funding. Resurgent Capital Services/LVNV Funding is acting on the presumption that some relationship that they may have with XXXX XXXX XXXX XXXX is in some way related to me. I confirm that I am not a party to this implied relationship Resurgent Capital Services/LVNV Funding has with XXXX XXXX XXXX XXXX either directly, indirectly, neither by any means of tacit consent. 
Resurgent Capital Services/LVNV Funding is in violation of 15 USC 1692e ( 2 ) ( A ). This is evidenced in Exhibit A of the packet.

Resurgent Capital Services/LVNV Funding is in violation of 15 USC 1692g ( c ) as I have never admitted liability to any debt with any of these companies. This is evidenced in Exhibit B as Resurgent Capital Services/LVNV Funding has not and can not prove that the alleged debt even belongs to me.

Resurgent Capital Services/LVNV Funding is in violation of 15 USC 1692 ( g ) ( 5 ) in which they are saying XXXX XXXX XXXX is the original creditor. What is the proof that you have that this is accurate verifiable information that you can show me. A copy of a statement or agreement ( especially an unsigned agreement ) is not verifiable or validated proof. Furthermore, how did Resurgent Capital Services/LVNV Funding acquire this contract since Resurgent Capital Services/LVNV Funding is a 3rd party? A privacy breach may be another violation as the alleged consumer has not given any consent to any 3rd parties of alleged debt. 
In Resurgent Capital Services/LVNV Funding 's letter dated XX/XX/2021, it clearly stats that " this is an attempt to collect a debt and that this communication is from a debt collector. '' Pursuant to 15 USC 1692j, Resurgent Capital Services/LVNV Funding unlawfully furnished forms to make me think I owe an alleged debt and this is inviolation of federal law. 
Pursuant to 15 USC 1611 ( 3 ), Resurgent Capital Services/LVNV Funding is CRIMINALLY liable for knowingly and willfully reporting fraudulent and invalidated information to the credit bureaus. It is very evident that there is no contractual agreement between my person and Resurgent Capital Services/LVNV Funding. 
Resurgent Capital Services/LVNV Funding is also civilly liable for the mental anguish and stress they have imposed on my person and natural person pursuant to 15 USC 1640 ( a ) ( 1 ). 
The Affidavit of Truth that was mailed on XX/XX/2021 was not responded to at all. An unrebutted Affidavit of Truth point by point, signed XXXX preferably y CEO/CFO of Resurgent Capital Services/LVNV Funding and notarized under penalty of perjury is considered admission of guilt and Truth in Commerce. 
Additionally, I asked for the debt validation form included in packet on pages 6-7 to be returned back to me within 30 days completely filled out and signed. I have not received this either. 
The packet mailed to Resurgent Capital Services on XX/XX/2021 is attached to this CFPB complaint for reference.

Company response to consumer: Closed with explanation