Consumer complaint received 2020-08-10
Company: Resurgent Capital Services L.P.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Originally disputed this fraudulent account back earlier around XXXX and was able to remove it from my credit report. I then now fast forward to XXXX on XX/XX/XXXX received a call from this debt collector around XXXX XXXX   to my personal cell claiming to have an account which I owed debt to. I argued and insisted that the debt wasn't mine and wasn't legal or binding as it was a result of identity fraud which I had already spoken with the original creditor XXXX XXXX XXXX to remove and close the fraudulent account that was opened without my permission and authorization as I was legally not able to enter any binding contract and lenders like the bank and debt collectors couldn't collect unpaid debt for this credit card as the account opened at the time was a result of identity theft and the fact I was under the legal age of 18. The account was opened 5 years ago prior to when I could of entered into a binding contract with lenders which was this account was illegal and fraudulent account being opened as I had no method of paying back any debt as I had no independent ability to pay any payments for any form of debt. Under the Credit Card Act this law states 226.51 ( b ) ( 1 ), credit card issuers can not open a credit card account for consumers under age 21 unless the applicant submits a written application as well as having financial information that the applicant must have the independent ability to make minimum payments for the credit extended. Both of which I never had first given any written signed application to the lender and second being able to financially pay for this debt. XXXX XXXX XXXX  has since then removed the fraudulent account from my report but however I got this call with a lady speaking on the phone claiming this is a valid account ( which I also have a recording of the call ), trying to convince me that this is a valid debt as if I didn't know any better and provided information such as my DOB being incorrect and stated herself the account was opened in XXXX and threaten to damage my credit which I had just started building upon recently. I've reached out to the collection agency regarding this account as it shows it's from XXXX back when I was merely XX/XX/XXXX and unable to have opened any line of credit under my name yet they refuse to acknowledge this and continue pressuring me through letters and automated phone calls. I provided proof of my ID as well as filed and attached the FTC Identity theft report to provide valid proof and information that this account was opened under fraudulent methods and the repeated calls and letters being sent that they are doing are illegal yet no action from them has been taken to stop this. I'm already thinking of filing a police report if that to help me but at this point this is hurting me for something that I have no idea on what money they're trying to viciously collect from me. At this point I'm considering reaching out to a lawyer to the state attorney general.

Company response to consumer: Closed with explanation