Consumer complaint received 2015-08-13
Company: Resurgent Capital Services L.P.
State: NC
Product: Debt collection
Sub-product: I do not know
Issue: Disclosure verification of debt
Sub-issue: Not given enough info to verify debt

Complaint:
In XXXX XXXX, I found 4 collection accounts on my credit reports that were listed by LVNV Funding. I disputed these accounts with the credit bureaus to no avail. I then disputed these accounts directly with LVNV Funding and requested the following validation pursuant to the FDCPA, 15 USC 1692g Sec. 809 XXXX b XXXX :1 XXXX A copy of the original consumer contract containing my signature. 
2 ) A list of the transactions that make up the alleged outstanding balances on the accounts. 
3 XXXX The name of the original creditor to whom the alleged debts are owed and written proof that LVNV Funding has been authorized by the original creditor pertaining to this matter to collect on these alleged debts XXXX Notice of Assignment XXXX. 
4 XXXX Copies of the letters they should have sent me upon acquiring these alleged debts with proof of delivery from the postal service or courier they used to deliver said letters. 
5 XXXX Explanations and calculations on amounts allegedly owed. 
6 XXXX Proof that LVNV Funding is licensed to collect in my state, including license numbers and Registered Agent. 

I received no response from LVNV using the address listed by LVNV on my credit reports. A company called Resurgent Capital Services, which claim they manage the accounts for LVNV, responded by sending " account summary reports '' which do not comply with the disclosure requirements of the FDCPA ( see XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX. XXXX XXXX. When I call the phone number reported by LVNV, it connects to Resurgent. The actual corporate entity that claims I owe them money has never responded to my demands for validation and is impossible to contact, yet the credit reporting agencies list this contact information for LVNV as if it is accurate. 

I informed Resurgent that according to the FCRA, Section 609 ( a ) ( 1 ) ( A ), they are required by federal law to verify - through the physical verification of the original signed certified consumer contract - any and all accounts they request to be posted and or reported on a credit report, and unverified, invalid accounts must be removed. But since Resurgent Capital Services is not the reporting entity, I assume that LVNV Funding is somewhat akin to a " ghost '' entity they use to circumvent the laws set forth by the FCRA. 

I submitted a complaint to the XXXX and Resurgent Capital stated in a response to the XXXX that " all ownership rights were transferred to LVNV when these accounts were purchased from the previous creditors '', but a Notification of Assignment or bill of sale was not presented. Resurgent also stated that " verification of debt with validation '' was mailed to me for two of the accounts, but the documents sent did not constitute proper " validation '' under case law cited above. Resurgent also stated that " validation of debt '' for the other two accounts was not sent to me because I requested they cease contact with me. What I requested was no telephone contact and that all communications be in writing. 

On my XXXX credit report dated XXXX XXXX, XXXX these accounts are listed under " First Reported '' in " XXXX XXXX '', perhaps as a way to make the debts look fresh, but Resurgent claims these accounts were purchased in XXXX, and the original amount is not reported, which leads me to opine that Resurgent may be engaging in unconscionable conduct. A chain of custody on these alleged debts has not been provided. I am requesting the written documentation that is proof under established case law that LVNV 's claims are valid, and demand the right to deal with the entity that is listed on my credit reports, which in this case is LVNV Funding, not Resurgent Capital Services.

Company response to consumer: Closed with explanation