Consumer complaint received 2020-11-10
Company: Resurgent Capital Services L.P.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Account # - XXXX ( LVNV FUNDING ) Dear XXXX, Please be advised this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance.

Despite two written requests, the unverified item ( LVNV FUNDING ) listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your first investigation and subsequent reinvestigation, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified.

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. Now, I respectfully request that your office ( s ) provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following : 1 ) Please validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) ; 2 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and original creditor, bearing Consumer wet-ink signature ; 3 ) Please provide proof when the original creditor claims this debt became due and when it became delinquent ; 4 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and Collector, bearing Consumer wet-ink signature ; 5 ) Please provide a copy of the last billing statement sent to Consumer by the original creditor ; 6 ) Please provide late payment notice and/or account closing notice provided by the original creditor ; 7 ) Please provide me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above- alleged account ; 8 ) Please provide me a verified certificate of authority, and/or proof that your company are licensed to collect in my State ; 9 ) Please provide general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original custodian of the books and records ; 10 ) Please provide the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as FR 2046 balance sheet ( OMB # 's 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S, and RC-B call schedules ; 11 ) Please provide verification and/or copy of any judgment if applicable ; 12 ) Please provide proof of any interest, fees or other charges expressly authorized by the agreement ; 13 ) Please provide a certified copy of all Public Hazard Bond ( s ) and Liability Insurance Policy ( s ) and accounting demonstrating the financial capability of Collector ; 14 ) Please provide proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, an Insurance Claim or selling the purported debt to third party debt collector ; 15 ) Please provide a Statute of Limitations expressly authorized by the agreement ; 16 ) Finally, please provide an affidavit signed under Penalty of Perjury that Collector or any agent ( s ) acting on their behalf has not violated any portion of the Fair Debt Collection Practice Act.

At this time, I also inform you that reporting invalidated information to major credit bureaus ( XXXX, XXXX, XXXX or any third party ) might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. Also, this action might constitute fraud under both Federal and State Laws. 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 to bring legal action against you for the following : Violation of the Fair Credit Reporting Act ; Violation of the Fair Debt Collection Practices Act ; Violation of the Consumer Collection Practices Act in my State ; I am waiting for your immediate action to my requests. Best Regards,

Company response to consumer: Closed with explanation