Consumer complaint received 2023-02-05
Company: Resurgent Capital Services L.P.
State: IL
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
LVNV Funding, LLC Resurgent Acquisitions LLC Resurgent Capital Services XXXX XXXX XXXX XXXX Notice of Legal Hold and Debt Validation Demand for account ending XXXX This letter is being sent to you in response to your Debt Collection attempt of the debt I purportedly owe to LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX. in the amount of {$1400.00}. I never heard about LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services as my alleged creditors or representatives of my Creditor and never received any mandatory Notices under FDCPA about LVNV Funding, XXXX, Resurgent Acquisitions LLC, Resurgent Capital Services intent to collect from me as required under FDCPA. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. Please also be advised that I plan to file an Adversary Complaint as ProSe, under Rule XXXX ( 2 ) to determine Validity of Claim where all of named above entities - LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX will be included as co-defendants. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following : Please provide me a Written Warranty of Ownership of my alleged debt by ANY company who claims to be the owner of this debt, signed by an individual employee of this XXXX who is responsible for accounting or bookkeeping. Please disclose if the Account receivable for this alleged debt was established and currently exists in books and records of ANY company who claims to be my XXXX. Please provide me a copy of account receivable LEDGER for this account receivable wet-ink signed by an individual employee of my Creditor who is responsible for collection and administration of my alleged debt. Please disclose how LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX became my XXXX. If it was a purchase of this alleged debt, please provide me a proof of payment such as wire transfer receipt, ACH or cancelled check. Please provide me FULL mailing address and direct contact information for XXXX XXXX from Resurgent Capital Services since I can not issue them Summons to a XXXX XXXX XXXX Please provide me copies of Notices under FDCPA sent to me by these alleged XXXX where they intended to collect any money from me. What the money you say I owe is for ; Explain and show me how you calculated what you say I owe ; Provide me with copies of any papers that show I agreed to pay what you say I owe ; provide me a proof of purchase of my debt, if any Please provide me a copy of retainer and confirmation sale of my purported debt to LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services by XXXX. Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent. Please provide me evidence if my Promissory Note as Appeared on the Application for the Credit was processed by XXXX in accordance with XXXX. Was it placed as a receivable to XXXX account to generate profits? If yes, please state how much profits were generated by using my signature on the XXXX as an XXXX on XXXX balance sheets. Please state if my promissory Note was securitized and sold to investors for cash and how much profits XXXX received by trading on my name, signature and reputation on the open markets. Please send me a document where it said that I allowed XXXX to use my name, signature and reputation to trade on the open market as a security to generate profits. At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus XXXX XXXX, XXXX or XXXX ) this action might constitute fraud under both XXXX XXXX XXXX XXXX Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act ; Violation of the Fair Debt Collection Practices Act ; Defamation of Character. If your offices are able to provide the proper documentation as requested, I will require at least XXXX XXXX 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, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within XXXX XXXX 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. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any XXXX parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Furthermore, This Notice is to inform you that I plan to file a legal action for violations of FDCPA and XXXX XXXXXXXX XXXX XXXX XXXX  Act, 18 U.S.C 1961-1968. I demand you to put legal hold on all documents related to this alleged debt and transfers, including all origination documents ; and copies of all communication with any XXXX, LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services representative, including but not limited to letters, emails, faxes, ect. I want to stress out the importance of my request. When Companies facing litigation and regulatory or enforcement proceedings today, they must bear not only the enormous burdens of electronic discovery, but also the risk of increasingly expensive penalties for failing to preserve email and business records from the earliest possible moment after a dispute arises. Charges and liabilities for aiding and abetting wrongful conduct XXXX with these challenges, its is essential that your Companies issue litigation holds as soon as any type of formal legal proceeding is reasonably anticipated. Both, civil and Federal courts have held that the failure to design and implement an adequate litigation hold may constitute negligence. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), a defendant was held in contempt of court for its failure to implement an adequate litigation hold. The court entered a default judgment and required the defendant to pay plaintiff 's costs and attorneys ' fees. Please be advised that I place a litigation hold on all and any documents. You must preserve and retain all paper files and electronically stored information that is related to this matter. In the paragraphs below, I have outlined my recommendations for ensuring that all potentially relevant evidence is preserved. I can not stress enough the importance of taking immediate actions to preserve this information as failure to take adequate steps to collect and preserve evidence, including electronic evidence, could result in severe sanctions being imposed by the XXXX for spoliation of evidence. I recommend that you take the following XXXX steps to ensure that all date, including electronic date, is preserved : XXXX. You should agree on XXXX person to take a lead in preserving all information potentially relevant to this matter. This person will insure that these steps are taken in their entirety, and that steps are not accidentally skipped because they all assume that the other is taking care of it. XXXX. You should develop a strategy for preserving ALL electronic data in their possession, including consulting an XXXX XXXX XXXX if necessary. You are required to preserve all electronic data, including but not limited to, emails, electronic documents ( such as documents created using XXXX XXXX, XXXX, XXXX XXXX and the like ) ; data generated by calendaring, task management, and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ; data created with the use of document management software ; all data created with the use of paper and electronic mail logging and routing software ; all Internet and Web browser generated history files, caches and cookies files ; all electronic activity logs ; and employee personal e-mail accounts. You must preserve all potentially relevant data, regardless of whether it is contained on business or personal computer, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If you automatically dispose of or recycle digital or paper files, digital back-up files/tapes ; or any other storage media ( possibly pursuant to a document retention policy ), I recommend suspending such program for the time being. We can then discuss which information should be preserved throughout the litigation. If your document retention policy previously resulted in the destruction of electronically stored information that can still be reasonably recovered, please recover this information immediately. If it is possible to recover information for a significant period of time, please contact me to discuss the relevant period of time for recovery. Once you have had an opportunity to consider the points raised in this letter, please contact me to discuss this matter in greater details. Sincerely, XXXX XXXX,

Company response to consumer: Closed with explanation