Consumer complaint received 2019-04-11
Company: Resurgent Capital Services L.P.
State: KY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I have sent three letter to LVNV Funding with the last being a certified letter on XXXX XX/XX/XXXX. They will not provide me with any information and keep raising the collection on all three of the credit reporting agencies. I fully claim that this account was opened without my consent, permission or knowledge. 

XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX KY XXXX LVNV Funding LLC XXXX XXXX   XXXX XXXX, SC XXXX XXXX To Whom It May Concern : This 2nd letter, ( certified/receipt return ), is regarding account # XXXX, which you claim a DEROGATORY condition on all three credit bureau reports and that I owe {$970.00} on an account that was opened on XXXX. 

This is a formal notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting validation ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you. Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX and XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore if you can not validate the debt, you must request that all credit reporting agencies delete the entry. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. My contact information is as follows : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX KY XXXX SSN- XXXX Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Consumer Financial Protection Bureau, Attorney Generals Office, XXXX XXXX XXXX Thank you, XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX KY XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX, SC XXXX XXXX To Whom It May Concern : This letter is in response to your recent claim regarding account # XXXX, which you claim a DEROGATORY condition on all three credit bureau reports and that I owe {$970.00} on an account that was opened on 06.01.2015. Yet again, you have failed to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. 

I am again formally requesting a copy of any documents, bearing my signature, showing that I have a legally binding contractual obligation to pay you the alleged amount. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete, and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continued non-compliance of federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and corresponding local state laws. I further remind you that you may be liable for your willful non-compliance. 

Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) You will be required to appear in a court venue local to me, in order to formally defend yourself. My contact information is as follows : Your Name ( printed not signed ) Your Address SSN P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. 

CC : Consumer Financial Protection Bureau, Attorney Generals Office, XXXX XXXX XXXX Thank you, XXXX XXXX XXXX

Company response to consumer: Closed with explanation