Consumer complaint received 2023-09-21
Company: Resurgent Capital Services L.P.
State: NC
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
The creditor and collection agent as fiduciaries breached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other.

In this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a " wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is " any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A " chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. 

Trover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond.

Trover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. 

NOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. Use of the Beneficiarys Private Credit for backed credits or choses in action by indoserment, creating securities as an accommodating party establishes a TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables. 

The sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ). 

NOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights.

Company response to consumer: Closed with explanation