Consumer complaint received 2023-06-16
Company: Resurgent Capital Services L.P.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
This notice is to inform you that you unlawfully reported an unauthorized account on my consumer report. I have not given you written permission to put anything on my credit profile. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. I am writing this letter to dispute the these accounts.. This agency is in violation of 15 USC 1692g. As the original creditor only, I can validate this debt. I do NOT validate this debt. Therefore, the following accounts must be deleted from my report. Failure to respond satisfactorily with deletion of the above referenced accounts will result in legal actions being taken against your company, for which I will also be seeking XXXX per violation for : Defamation of Character ( per XXXX ) Negligent Enablement of Identity Fraud Fair Debt Collections Practices Act 15 USC 1692g violations Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] I recently received communication from you attempting to collect the following listed alleged debts. 1. LVNV FUNDING LLC Account numberXXXX. XXXX. Account XXXX 3.Account numberXXXX XXXX.Account numberXXXX Please be advised that I hereby dispute the validity of the alleged debt listed above in its entirety. Further, I request verification of the alleged debt, specifically, a copy of a contract or agreement. Said contract or agreement must be with the original creditor and signed by all parties involved. You are illegally attempting to collect the above-listed alleged debt and money that I do not owe. 

Cease and desist all collection activity, including all reporting to consumer reporting agencies. Promptly request deletion of any and all prior reporting made to any consumer reporting agencies. If you comply with my requests above within 14 days, then you are excused from verification. 

Further more pursuant 15 USC 1692 ( e ) ( 3 ) False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. 

LVNV FUNDING LLC have no right under the law to send me any type of communication what so ever. Cease and Desist all communication immediately. 

Further More You XXXX XXXX XXXX XXXX XXXX XXXX Are attempting to collect an alleged debt where the so called original creditor has falsely represent the character other Violations under 15 USC 1692 e that you are implementing your self.

Violation : 15 USC 1692b ( 5 ) 15 USC 1692 ( 2 ) ( A ) 15 USC 1692e ( 3 ) 15 USC 1692 ( 6 ) ( B ) 15 USC 1692 ( 9 ) 15 USC 1692 ( 10 ) 15 USC 1692 ( 11 ) This letter is CCed to the Bureau of Consumer Protection Finance as evidence may be provided to the Consumer Financial Protection Bureau ( CFPB ). The CFPB is authorized to investigate this fully matter and receive any related information herein. Be advised, if you fail to comply with this demand letter, I may turn the matter over to an attorney ). 

Note I am a very litigious consumer, and I will proceed with legal action for all my consumer rights violations under this subchapter plus all remedies and actual damages as a result of your failure pursuant 15 USC 1692K. 

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. 

This includes any listing of information to a credit reporting repository/ agency that could be inaccurate or invalidated. 

If your office fails to respond to this validation request within 10 days from the date of your receipt, all references to this account must be deleted and completely removed from my consumer report, and a copy of such deletion request shall be sent to me immediately. 

Sincerely, XXXX XXXX The Following information is required. Please fill out the form below in its entirety. 

Name and address of Alleged creditor : Name on file of alleged debtor : Alleged Account # : Address on file for alleged debtor : Amount of alleged debt : Date this alleged became payable : Date of original charge off or delinquency : Was this debt assigned to a debt collector or purchased? ____ No ____Yes Amount Paid if debt was purchased : Commission for debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants LVNV FUNDING LLC the authority to collect this alleged debt. 

Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector. 

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. 

All statements while this account was open. 

Have any insurance claims been made by any creditor regarding this account? 

Yes No Have any Judgements been obtained by any creditor regarding this account? 

Yes No Please provide me the name and address of the bonding agent for LVNV FUNDING LLC in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter. 

Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act. 

Please allow 30 calendar days for processing after I receive this information. 

Thank You.

Company response to consumer: Closed with non-monetary relief