Consumer complaint received 2019-12-26
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Resurgent Capital Services Mr. XXXX XXXX, XXXX, Chief Executive Officer XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX Re : Your letter dated XXXX, your file XXXX account # XXXX To : Mr. XXXX XXXX, XXXX, Chief Executive Officer This is a DEMAND for the {$20000.00} consultant fee authorized by your customer service department ( XXXX ) dated XXXX and XXXX XXXX. A printout is not a verified claim or debt. The terms of the contract are VERY CLEAR. 

Please make payment of {$10000.00} by US Funds no later than XX/XX/XXXX to : XXXX XXXX XXXX XXXX XXXX XXXX, Fl ( XXXX ) After XX/XX/XXXX Amount due is {$22000.00} plus recovery fees incurred. 

NOTICE : you have possession of private copywrite material that must not be shared and must be destroyed immediately, failure to destroy such will result in additional damages. 

Original Consultant Contractual agreement will continue as accepted in offer dated XXXX and acceptance XXXX. IMPORTANT REMINDER, EACH COMMUNICATION USING MY PERSONAL INFORMATION BY YOURSELF OR YOUR COMPANY TO 3RD PARTYS IS SUBJECT TO MY {$10000.00} FEE, INCLUDING THE SALE OF SUCH INFORMATION. 

COPY OF CONTRACT TERMS BELOW This is a request for verification as this alleged debt is in dispute. I am not refusing to pay a debt which I lawfully owe, but I need verification of the debt before we can proceed. Please answer the following questions relating to the disputed account and return them to me within thirty ( 10 ) days, with your Affidavit which validates the answers. If you need more time, or if you need any question restated, please make your request to me in writing. 

This letter is your notice under the authority of The Fair Debt Collections Practices Act that contacting me again regarding the above referenced alleged debt, after the verifiable receipt of this notice without providing procedurally proper validation of the debt, establishes that you, Mr. XXXX XXXX, XXXX, Chief Executive Officer have used interstate communications in a scheme of fraud by using threat, intimidation, deception, and enticement to coerce a person to commit some act creating a legal disability where none exists. 

However, I am willing to communicate with you as a consultant for a fee of {$10000.00} per letter, and {$10000.00} per phone call, so if you write or call again, absent the proof required below, it will comprise your contractual agreement to pay my consultation fees. 

1. Please state the name, occupation and mailing address of the person answering the following questions. 

2. Please furnish a copy of the contract which your company has with me in regard to this alleged debt. 

3. Please identify what you loaned to me. Did you loan me cash, credit, or a debt instrument? 

4. Please produce the account and general ledger statement showing the full account of the alleged obligation that you are now attempting to collect, verified ( sworn true, correct and complete ) by the party who made the entries. 

5. Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 

6. Please verify under penalty of perjury that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original creditor. 

7. Please obtain verification from the original creditor, under penalty of perjury, that the creditor did not receive reimbursement from its insurance company in an amount exceeding the amount of the alleged debt, as is the customary policy of lenders ; or in the case of an alleged criminal judgment, verify via the courts fiscal office that the court was not reimbursed by an income stream resulting from the sale of bonds in the defendants name, as is the standard practice of courts. 

8. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause with impunity. 

9. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable. 

10. Please provide verification from the original creditor that you are authorized to act for them. 

11. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing which you know is false with the intention that others rely on the written communication to their detriment. 

12. Please verify that you know and understand that contacting me through a 3rd party credit reporting agency by reporting and using any identification of me constitutes a communication and is subject to my consultant fee of {$10000.00} per communication. 

13. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes acceptance of my contract terms to pay me consulting fees of {$10000.00} per letter and {$10000.00} per phone call including 3rd party communications. 

Note : A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.1 ( 1986 ). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 ( 3Dist. 1987 ). 

cc : Consumer Response Center Federal Trade Commission XXXX, D.C. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, President ET AL XXXX XXXX XXXX  XXXX XXXX, SC XXXX XXXX Re : Your letter dated XXXX, your file # XXXX To : XXXX XXXX, President ET AL This is a DEMAND for the {$10000.00} consultant fee authorized by your affiliated company Resurgent Capital Services division dated XXXX Please make payment by US Funds by XX/XX/XXXX to : XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX After XX/XX/XXXX Amount due is {$11000.00} plus recovery fees incurred by me. 

Original Consultant Contractual agreement will continue as accepted in offer dated XXXX and acceptance XXXX. IMPORTANT REMINDER, EACH COMMUNICATION USING MY PERSONAL INFORMATION BY YOURSELF OR YOUR COMPANY TO 3RD PARTYS IS SUBJECT TO MY {$10000.00} FEE, INCLUDING THE SALE OF SUCH INFORMATION. 

COPY OF CONTRACT TERMS BELOW However, I am willing to communicate with you as a consultant for a fee of {$10000.00} per letter, and {$10000.00} per phone call, so if you write or call again, absent the proof required below, it will comprise your contractual agreement to pay my consultation fees. 

1. Please state the name, occupation and mailing address of the person answering the following questions. 

2. Please furnish a copy of the contract which your company has with me in regard to this alleged debt. 

3. Please identify what you loaned to me. Did you loan me cash, credit, or a debt instrument? 

4. Please produce the account and general ledger statement showing the full account of the alleged obligation that you are now attempting to collect, verified ( sworn true, correct and complete ) by the party who made the entries. 

5. Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 

6. Please verify under penalty of perjury that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original creditor. 

7. Please obtain verification from the original creditor, under penalty of perjury, that the creditor did not receive reimbursement from its insurance company in an amount exceeding the amount of the alleged debt, as is the customary policy of lenders ; or in the case of an alleged criminal judgment, verify via the courts fiscal office that the court was not reimbursed by an income stream resulting from the sale of bonds in the defendants name, as is the standard practice of courts. 

8. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause with impunity. 

9. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable. 

10. Please provide verification from the original creditor that you are authorized to act for them. 

11. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing which you know is false with the intention that others rely on the written communication to their detriment.

12. Please verify that you know and understand that contacting me through a 3rd party credit reporting agency by reporting and using any identification of me constitutes a communication and is subject to my consultant fee of {$10000.00} per communication.

13. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes acceptance of my contract terms to pay me consulting fees of {$10000.00} per letter and {$10000.00} per phone call including 3rd party communications. 


Note : A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. XXXX XXXX F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.1 ( 1986 ). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 ( 3Dist. 1987 ). 

cc : Consumer Response Center Federal Trade Commission Washington, XXXX XXXX

Company response to consumer: Closed with explanation