Consumer complaint received 2017-08-16
Company: Resurgent Capital Services L.P.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XXXX IS A CRIMINAL, THEY CAN NOT PROVE ANY CONTRACT OR THE ORIGINAL INSTRUMENT OF INDEBTEDNESS, THERES NO CONTRACT WHATSOEVER, Due to these facts, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character, & information breach, using fictitious names, reporting false information, punitive, and what ever codes and laws that are applicable!. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond wit h clarity to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which XXXX  puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION : Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this deb was assigned or sold to collector. Complete accounting of alleged debt. Meaning public and private side of bookeeping, and CUSIP # S purchase price for information from alleged creditor, or information provider Commission for debt collector if collection efforts are successful.
Please provide the name and address of the bonding agent for COLLECTION AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above 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. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intetnt to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages. PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, no t disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds A meeting of the minds consensus ad idem, occurs between the parties when they recognize each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman. A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of the same and equal kind.
7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being an accommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognized by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorized agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. Best Regards XXXX XXXX. Respondent to Respondent, must respond within 30 days. Please provide relevence and clarity with your response. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. [ US vXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) quoting US v. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX ] Silence is a species of conduct, and constitutes an implied representation of the existence of the state of facts in question, and the estoppel is accordingly a species of estoppel by misrepresentation. [ cite omitted ] when silence is of such a character and under such circumstances that it would become a fraud upon the other party to permit the party who has kept silent to deny that which his silence has induced the other to believe and act upon, it will operate as estoppel. [ XXXX XXXX XXXX, XXXX XXXX. XXXX ( XXXX ) ] Your silence stands a consent, and tacit approval, for the declarations of facts and conclusions here being established as fact, as a law matter and this affidavit absent timely rebuttle, will stand as final judgment in this matter. Failure to reply with-in thirty days, establishes you are in agreement with the foregoing and are thusly legally estopped pursuant to : XXXX v. XXXX, XXXX XXXX. XXXX, XXXX, silence activates estoppel. I, XXXX XXXX, hereby reserve the right to amend this letter /document, and am the only party authorized to assert the right to make amendments to this document as necessary, and in order that the truth may be ascertained and these proceedings justly determined. Should any party possess information that will controvert and overcome this Declaration with specificity, pleaseadvise Me in writing by DECLARATION in AFFIDAVIT FORM within 30, days from receipt hereof and thereby, provide Me with your timely rebuttle, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and at no time in reliance on mere presumptive facts and personal conclusions law, that this Affidavit by Verified Declaration is substantially and materially false sufficiently for changing materially my declaration. The Undersigned, I, XXXX XXXX, do herewith declare, state and say that I, XXXX XXXX issue this with sincere intent in truth, that I, the undersigned am competent by stating the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, reasonable, not misleading, and by My best knowledge, by Me, the undersigned. This document and all others pertaining to this issue may be recorded and thusly may be used at the discretion of its issuer for any and all matters as so allowed under Rule 902 of the Federal Rules of Evidence and others, including, without limitations, the jurisdiction of the State of illinois, illinois state, and the United States of America. By my hand, this sixth day of XX/XX/XXXX, Your Name Here. XXXX XXXX, UCC 1-308 all rights reserved XXXX illinois ZIP EXEMPT CC : FTC Federal Trade Commission. BCC ; BBB Better Business Bureau THIS IS A LETTER COMMUNICATION FROM XXXX XXXX ( XXXX. ) and not XXXX XXXX. reserves all rights UCC 1-308

Company response to consumer: Closed with explanation