Consumer complaint received 2023-10-21
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX LVNV FUNDING LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX number ( XXXX ) XXXX Phone number ( XXXX ) XXXX Subject : I- Request for Documentation in Compliance with CFPB Debt Collection Regulations II- Request for Documentation in Compliance withFair Debt Collection Practices Act ( FDCPA ) III- Notice of Formal Dispute In accordance with the Fair Credit Reporting Act it is my belief that among many issues depicted below you LVNV Funding LLC have violated my rights under 15 USC 1681 602 states I have the right to privacy pursuant to 15 USC 1681 section 604A section 2 it also states a consumer reporting agency can not furnish an account without my written instructions.

Under 15 USC 1666 b LVNV Funding LLC may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.

In accordance with Disclosures to consumers [ 15 U.S.C. 1681 et seq, I request that the information regarding this account be Verified by LVNV Funding LLC with ALL documents requested below or Removed Information on file ; sources ; report recipients. 


Pursuant To Fair Credit Reporting Act, 15U.S.C. 1618 et seq, I am requesting that the information regarding my personal information and accounts disputed be verified Or REMOVED from my credit report Pursuant to FCRA section 611 ( a ) ( 2 ) ( A ) and section 609 ( c ) ( 1 ) you LVNV Funding LLC are required to provide me ALL relevant information Documentation and proof gathered during your investigation Pursuant to FCRA section ( a ) ( 6 ) ( b ) ( ii ) if you choose Not to remove this disputed information than you are required to provide notice of your decision and include ALL documents used during the investigation LVNV Funding LLC Repeatedly Refused to verify this debt LVNV Funding LLC Repeatedly invaded my privacy by unjustifiably intruding into my personal life without my consent LVNV Funding LLC has Repeatedly, unjustifiably, intentionally deformed my character in public LVNV Funding LLC has violated federal law by improperly using my personal information in my credit report LVNV Funding LLC has Threatened to ruin my life and my reputation by keeping this collection in my credit Dear LVNV Funding ( LLC ) Account # XXXX I am responding to your many contacts about a debt you are trying to collect You have repeatedly contacted me and demanded that I pay {$540.00} As it shows below ( per my credit report ) Experian credit report : Prepared For XXXX XXXX XXXX XXXX XXXX, XXXX FL XXXX LVNV FUNDING LLC {$540.00} Account name LVNV FUNDING LLC Account number XXXX Date opened XX/XX/XXXX Status Collection account. {$540.00} past due Status updated XX/XX/XXXX Balance {$540.00} Original balance $ XXXX  Monthly payment - XXXX Past due amount {$540.00} Terms 1 Month Responsibility Individual Dear LVNV FUNDING LLC Please supply the information below By Law you are required to report negative personal information with Maximum Accuracy ****Pursuant to 15 usc 1692g Please Provide proof and ALL documentation for your in depth investigation on this Inaccurate information/Account or Remove it from my credit report Immediately, Including but not limited to : 1- My signature on the contract for this debt 2-Chain of title for this debt 3-Chain of title that gives LVNV FUNDING LLC legal authorisation to collect on this debt 4-Detailed list of the payment history made by me on this account 5-Any and ALL insurance claims filed on this debt 6- Original signed contract that shows I am responsible for this debt 7-My credit application for this debt 8-Provide verification and documentation about why this is a debt that I am required to pay To LVNV FUNDING LLC 9-Proof that you have the legal authority to collect on this debt 10- Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?

The amount and age of the debt, including : 1-A copy of the last billing statement sent to me by the original creditor.

2-State the amount of the debt when you obtained it, and when that was. 

XXXX Have there been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount.

4-In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law.

5-Have there been any payments or other reductions since the last billing statement from the original creditor, 6-provide an itemization showing the dates and amount of each of them.

7-Have there been any other changes or adjustments since the last billing statement from the original creditor?

8- Please provide full verification and documentation of the amount you are trying to collect.

9-Explain how that amount was calculated.

10- In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.

11-Tell me when the creditor claims this debt became due and when it became delinquent and How and why 12-Tell me when you think the statute of limitations expires for this debt, 13 -Provide documentation that proves the statue of limitation and how you determined determent it Details about your authority to collect this debt.

1-Does your firm have a debt collection license from my state? If not, say why not.

2-If yes, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.

3- If you are contacting me from a place outside my state, does your firm have a debt collection license from that place?

4-If yes, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.

Pursuant to 5U.S.C. 552 a ( i ) ( 3 ) i am requesting this disputed item to be removed from my credit report Immediately Since you have failed to comply with 5U.S.C. 552 a ( i ) ( 3 ) by failing to maintain my records with accuracy, relevance, timeliness and completeness as is necessary to guarantee fairness in any determination shall Not use such record LVNV FUNDING LLC FAILED and once again REFUSED to remove the account from my credit report even though they Failed to Validate it In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion between us.

****Please Remove this debt from my credit report Immediately What would be fair Resolution 1- LVNV FUNDING LLC to provide all above described documents to validate this debt 2- If LVNV FUNDING LLC does not provide above documents to validate this debt LVNV FUNDING LLC to remove Immediately this negative improper inaccurate derogatory information from my credit report 3- LVNV FUNDING LLC be held accountable for - Inaccurate, false statement made in my credit report - Damaging my reputation with the derogatory statements- Punitive damages 4- LVNV FUNDING LLC be held accountable for refusing and failing to provide the above documents after my complaint with CFPB and responding to this complaint without resolving /validating / providing documents above described necessary to validate the debt 5- LVNV FUNDING LLC be fully investigated and held accountable for praying on senior citizens like myself defrauding senior citizens like myself and getting away with it by not providing the documents as required to validate the False/inaccurate debt Notice of Formal Dispute I am writing to formally dispute the amount of {$540.00} that you claim I owe. I am currently disputing the validity and accuracy of this debt and demand that you either provide all the necessary documentation as required by the Consumer Financial Protection Bureau ( CFPB ) and the Fair Debt Collection Practices Act ( FDCPA ), or DELETE the debt from your records.

It is my believe that among other issues LVNV Funding LLC is in Violation of all below Underlined in Bold : Fair Debt Collection Practices Act ( FDCPA ) : Debt collectors must comply with the provisions outlined in the FDCPA, a federal law governing debt collection practices. It prohibits abusive, deceptive, or unfair practices and sets guidelines for communication, validation of debts, and disclosure of rights to consumers.

Validation of Debts : Upon receiving a debt collection request, debt collectors must provide consumers with written validation of the debt. This validation should include details such as the amount owed, the original creditor, and information on the consumer 's rights to dispute the debt.

Dispute Resolution : Debt collectors must provide a mechanism for consumers to dispute the debt and request verification. They must investigate and respond to consumer disputes within a reasonable timeframe.

Prohibited Practices : Debt collectors are prohibited from engaging in certain practices, such as misrepresenting the debt amount, falsely implying legal action, or threatening actions they can not legally take. They must provide accurate and truthful information to consumers.

***I demand that you either provide ALL the above documents as per CFPB and Fair Debt Collection Practices Act ( FDCPA ) or DELETE the debt ***In the absence of providing the requested documentation, I demand that you DELETE the debt from your records and cease any further collection efforts associated with it.

Please note that the CFPB regulations require you to provide the requested documentation within 30 days of receiving this written request.

I appreciate your attention to this matter and your prompt response. If you have any questions or need further clarification, please do not hesitate to contact me at the phone number or email address provided above.

Company response to consumer: Closed with explanation