Consumer complaint received 2020-11-08
Company: Resurgent Capital Services L.P.
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
LVNV Funding is infringing upon my FCRA rights by committing an intentional tort against me via refusing to discharge a fraudulent and invalid debt. I am a former victim of fraud/identity theft. Upon request from the original creditor, XXXX XXXXXXXX XXXX, I have provided a copy of the police report filed in XXXX. On XX/XX/XXXX, I contacted all three credit bureaus disputing the validity of the debt and making it known that I am a former victim of identity theft. On XX/XX/XXXX I received a notice from XXXX XXXX XXXX informing me that the debt had been sold to LVNV Funding and advising me to submit a police report regarding identity theft. I complied, and on XX/XX/XXXX I mailed LVNV Funding a letter of dispute along with a copy of the police report and driver 's license ( from the timeframe of the identity theft ). After submitting the requested exculpatory evidence, LVNV Funding refuses to discharge the fraudulent debt. On XX/XX/XXXX LVNV Funding mailed me a letter demanding that I further submit a completed and notarized identity theft affidavit, a letter from the original creditor ( XXXX XXXX XXXX ) supporting the claim, and court documents showing that the perpetrator has been prosecuted. None of these are feasible to provide based on the following : 1. ) The original creditor, XXXX XXXXXXXX XXXX, responded and stated that the debt had been sold to LVNV Funding and to contact them directly providing a police report ; whereas, I complied. XXXX XXXX is not going to provide documentation supporting my complaint and LVNV Funding is aware of this. 2. ) I now live in Maryland since late XXXX which is outside of the jurisdiction of Texas. 3. ) This incident is dating back to XXXX and is now well beyond the statute of limitations to press charges against the party who stole my identity and provide LVNV Funding that documentation. So these are all moot requests to be made now in XXXX. 

I have provided the burden of proof by submitting exculpatory evidence that is admissible in court in support of my claim, whereas LVNV Funding has not provided sufficient validation of the debt. The initial document sent to me via XXXX XXXX XXXX  details incorrect address information. This information is also inconsistent with the address information provided by LVNV Funding in a copy of a supposed credit card statement from XXXX XXXX XXXX. Also, the dates detailed via the statement and documents provided by LVNV Funding are inconsistent. On the supposed statement from XXXX XXXX XXXX ( provided by LVNV Funding ), the statement close date is listed as XX/XX/XXXX with a due date of XX/XX/XXXX. This information is inconsistent with what LVNV Funding details in the account summary report. LVNV Funding shows the account charge off date listed as XX/XX/XXXX, which is two days after the statement closing date and prior to the due date of XX/XX/XXXX. Outside of my name, the combination of misinformation provided along with the lack of identifying information is not a sufficient standard of proof and does not validate the debt beyond a reasonable doubt. As LVNV Funding is not the original creditor, and I have submitted a police report satisfying the request of the original creditor, LVNV Funding is outside of their realm of jurisdiction attempting to collect on a fraudulent and invalid debt.

Company response to consumer: Closed with explanation