Consumer complaint received 2023-09-14
Company: Resurgent Capital Services L.P.
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Resurgent/LVNV Funding is contacting me again ; EVEN THOUGH XXXX XXXX XXXX HAS DELETED MY ACCOUNT AND IS PAID TO XXXX. THE XXXX XXXX XXXX ACCOUNT HAS BEEN DISHARGED AND DELETED FROM MY CONSUMER REPORT! 
THIS IS A COMPLETE VIOLATION OF FDCPA -AND I HAVE EXPLAINED IN DETAIL BELOW AND ATTACHED PAID OFF ACCOUNT WITH PROOF 1099B. 
I HAVE ALSO SENT TO MY STATE OF MICHIGAN ATTORNEY GENERAL XXXX XXXX. 

RE : CLAIMS AND FAIR NOTICE XX/XX/23 2ND CEASE AND DESIST NOTICE AFTER THE XXXX XXXX ACCOUNT HAS BEEN PAID TO XXXX BALANCE AND DISCHARGED WITH PROOF. 

NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX Attorney XXXX XXXX Michigan Attorney General XXXX XXXX XXXX XXXX XXXX, MI XXXX RESURGENT/LVNV FUNDING po box XXXX XXXX, SC XXXX XXXX I am writing this letter to formally enforce my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., in relation to the alleged debt you are attempting to collect from me. Delete your account from my credit report across all agencies now! You at LVNV FUNDING/RESURGENT ARE RUINING MY CREDIT. I WILL ENFORCE CLAIMS OF {$10000.00} FOR EACH VIOLATION. 

I have received communications from your agency regarding the debt in question, and I believe that your actions may constitute violations of my rights as outlined in the FDCPA. Therefore, I am requesting that you cease all communication with me and take the necessary actions to comply with the FDCPA immediately. 

Specifically, I believe the following FDCPA provisions have been violated : Section 805 ( c ) : Communication with Third Parties I have reason to believe that your agency has communicated or disclosed information about my debt to third parties, which is prohibited by the FDCPA. 

Section 807 ( 5 ) : Threatening Legal Actions I have received written correspondence from your agency that suggests legal action may be taken against me without any intention or legal basis for such action. This behavior is in violation of the FDCPA. 

Section 807 ( 10 ) : Using False Representation or Deceptive Means Your agency may have used false, deceptive, or misleading tactics in attempting to collect this debt, in violation of the FDCPA. 

Under the FDCPA, you are obligated to cease all communication with me until you have fully investigated and remedied these alleged violations. 

Please consider this letter as a formal dispute of the paid off debt as well as a cease and desist request under the FDCPA. I request that all communication regarding this debt be halted immediately, and I expect you to respond to this letter in writing within 30 days. 
Failure to comply with the FDCPA may result in legal action, including a lawsuit against your agency. I trust that you will take this matter seriously and act promptly to rectify any violations. 
Enclosures : XXXX XXXX XXXX IRS Discharge of Debt Proof 1099B

Company response to consumer: Closed with explanation