Consumer complaint received 2022-09-10
Company: Resurgent Capital Services L.P.
State: NM
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
I am filing a complaint against Resurgent Capital Services, L.P. for violating the Fair Debt Collections Practices Act ( FDCPA ). Today I received in the mail a letter from Resurgent Capital Services dated XX/XX/2022, regarding my account ending in XXXX and advising me that this letter serves as notification the effective XX/XX/2022 LVNV Funding LLC has placed your account with Resurgent Capital Services, L.P. for servicing. This letter also states their records show that my account has an outstanding balance that has not yet been resolved. This letter indicates my account being placed with Resurgent Capital Services on XX/XX/2022, but the letter does not indicate anywhere where I have 30 days to dispute this alleged debt. Under the FDCPA Section 809 Validation of debts it states that the debt collector must provide a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, any portion thereof, the debt will be assumed to be valid by the debt collector. This statement is nowhere stated on this letter dated XX/XX/2022, which is a clear violation of the FDCPA. 
But here is where things get crazy because I previously received a letter dated XX/XX/2022, advising me that my account has a new home with Resurgent Capital Services, L.P. as my account ending in XXXX ( Reference ID : XXXX in the amount of {$5000.00} ) had been sold on XX/XX/2022 and the new owner is LVNV Funding LLC. Also states in this same letter that effective XX/XX/2022, LVNV Funding LLC placed your account with Resurgent Capital Services L.P. for servicing. On page 4 of this letter dated XX/XX/2022, it states how you can dispute the debt? I could call or write to them by XX/XX/2022, to dispute all or part of the debt. If you dont, we will assume that our information is correct. It also states in this letter that if you write to us by XX/XX/2022, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. 
I also received a second dated XX/XX/2022, advising me that my account has a new home with Resurgent Capital Services, L.P. as my account ending in XXXX ( Reference ID : XXXX in the amount of {$8300.00} ) had been sold on XX/XX/2022 and the new owner is LVNV Funding LLC. Also states in this same letter that effective XX/XX/2022, LVNV Funding LLC placed your account with Resurgent Capital Services XXXX for servicing. On page 4 of this letter dated XX/XX/2022, it states how you can dispute the debt? I could call or write to them by XX/XX/2022, to dispute all or part of the debt. If you dont, we will assume that our information is correct. It also states in this letter that if you write to us by XX/XX/2022, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. 

On or about XX/XX/2022, I sent a letter to Resurgent Capital Services, L.P., disputing my account ending in XXXX and with Reference ID : XXXX in the amount of {$5000.00} and a second letter to Resurgent Capital Services, L.P., disputing my account ending in XXXX and with Reference ID : XXXX in the amount of {$8300.00} with both letters in same envelope were mailed via XXXX XXXX Mail with Tracking Number XXXX which shows this envelope being delivered to Resurgent Capital Services, L.P. on XXXX XXXX at XXXX in XXXX XXXX SC XXXX. A few weeks later, I received 2 letters dated XX/XX/2022, from to Resurgent Capital Services, L.P. regarding both above mentioned accounts has initiated a review of the inquiry recently received. They failed to acknowledge that I was in fact disputing both of these accounts. Resurgent Capital Services, L.P. has yet to provide me proof of debt on either of the above-mentioned accounts. Again, I have the right to request verification of my debt ( XXXX ) within 30 days. This period is sometimes called the XXXX XXXX. After Resurgent Capital Services, L.P. received my dispute letters dated XX/XX/2022, they must have stopped all attempts to collect this debt from me which they failed to do so also violating the FDCPA. Resurgent Capital Services, L.P. continued to call and leave voice-mail messages and on a daily basis sent me collection notices via email as these actions are also a violation of the FDCPA. 
Resurgent Capital Services, L.P. also is not allowed to list both of the above-mentioned debts on my credit report after receiving my dispute letters. Resurgent Capital Services, L.P. did the opposite as both the above mentioned debts were not reported on my credit reports until after they received both my dispute letters, then Resurgent Capital Services, L.P. reported both the above mentioned debts on my credit report which is also not only a violation of the FDCPA, but by reporting these disputed debts to the 3 major reporting credit agencies, caused my Credit Score to seriously plumet so insurance companies have taken advantage of my lower credit score by increasing my insurance premiums by at least 25 % which is not right! I strongly believe I should be financially reimbursed by Resurgent Capital Services, L.P. for their actions not only violating the FDCPA, but also for negatively impacting my credit reports and credit scores. 
Apparently, a debt collector such as Resurgent Capital Services, L.P., can take as long as they want to respond to my letter request to validate both of my above-mentioned debts. Most debt collection agencies normally respond within either XXXX to 30 days or they never respond when they cant in fact validate a debt. I strongly believe that Resurgent Capital Services, L.P. cant prove the validation of both of the above-mentioned debts which is why Resurgent Capital Services , L.P. never sent me proof supporting that I in fact owed both debts mentioned above. Instead of Resurgent Capital Services, L.P. sending me proof of my above-mentioned debts or acknowledge the fact that I am disputing the same above-mentioned debts as well, Resurgent Capital Services, L.P. , is trying to erase the fact that I have sent debt validation letters not only requesting validation of the above-mentioned debts, but also the fact that I was disputing both above mentioned debts as well. I strongly believe that Resurgent Capital Services, L.P. is trying to erase both my letters dated XX/XX/2022, in regards to both the above-mentioned debts is Resurgent Capital Services XXXX L.P. can not provide proof that I in fact owe both the above-mentioned debts. The way Resurgent Capital Services, L.P. is trying to erase my previous letters is by trying to start the entire debt notification process over again which should also be a violation of the FDCPA. Proof of this action is in Resurgent Capital Services, L.P. letter dated XX/XX/2022 which against states that this letter is notification that effective XX/XX/2022 and not XX/XX/2022 as originally stated in the letter dated XX/XX/2022, that XXXX has placed my account with Resurgent Capital Services, L.P. for servicing. This letter dated XX/XX/2022, also states that because my account has not been resolved, it has now been moved into a six-month accelerated prelegal collections track. This letter also states this track is the last stop in collection efforts before the account is considered for referral to an attorney. This letter also states that if I do not establish a plan with. Resurgent Capital Services, L.P. to resolve my account ( s ) before the end of the prelegal track, it may be forwarded to an attorney to review for possible lawsuit. Again, this letter does not give me the opportunity to dispute this debt, which is again a violation of the FDCPA, but this letter does not mention the previous letter that was sent by Resurgent Capital Services, L.P. dated XX/XX/2022. I believe the reasoning behind this is they can not in fact validate either of the above mentioned debts and Resurgent Capital Services, L.P. is now trying to intimate me into establishing some type of payment plan with. Resurgent Capital Services, L.P. in order to avoid a possible lawsuit against me which again is not right. I sent XXXX dispute letters dated XX/XX/2022, to Resurgent Capital Services, L.P. advising them to provide proof I owe these debts as well as the fact I was also disputing both of these debts with providing documentation to support my disputes. Resurgent Capital Services, L.P. acknowledged the fact they received my letters dated XX/XX/2022, with their letters dated XX/XX/2022, but these same letters did not mention the fact I was disputing both of the above-mentioned debts. I also strongly believe that Resurgent Capital Services, L.P. letter dated XX/XX/2022, violates several sections within the FDCPA. I also strongly believe that the date for Resurgent Capital Services, L.P. provide documentation to support the two above mentioned debts ended on XX/XX/2022, when Resurgent Capital Services, L.P. sent me a letter dated XX/XX/2022 which clearly states that this letter will serve notification that effective XX/XX/2022 LVNV Funding LLC has placed my account with Resurgent Capital Services, L.P. for servicing which implies that Resurgent Capital Services, L.P. just received this account as a new account which is not true according to the later dated XX/XX/2022 from Resurgent Capital Services, L.P. which advises that Resurgent Capital Services, L.P. had my account placed with them back on XX/XX/2022 and not XX/XX/2022. So far, I have only received XXXX letter dated XX/XX/2022, regarding both the above-mentioned accounts from Resurgent Capital Services XXXX XXXX, XXXX they previously sent me XXXX letters dated XX/XX/2022 & XXXX letters dated XX/XX/2022, so I am assuming I will either be receiving a second letter date XX/XX/2022, or it may have been lost in the mail. 

To me this is serious fraud and Resurgent Capital Services, L.P. should be forced to not only cease and desist on collecting both above mentioned accounts, but also be forced to have both above mentioned accounts be removed immediately from the 3 major credit reporting agencies. I strongly believe I should receive some type of financial compensation for the damage that Resurgent Capital Services, L.P. has done to my credit scores which has caused me financial harm as an example would be insurance companies have increased my annual premiums as a result of my lower credit score which was caused by Resurgent Capital Services, L.P. when they reported both the above mention accounts to be reported as collections status with all 3 of the major credit reporting agencies. I would greatly appreciate it if your federal agency could follow up with the 3 major credit reporting agencies to make sure Resurgent Capital Services, L.P. has removed both above-mentioned accounts from all 3 of my credit reports. Thank you very much in advance for your assistance.

Company response to consumer: Closed with explanation