Consumer complaint received 2023-07-04
Company: Resurgent Capital Services L.P.
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX, MI XXXX XX/XX/XXXX LVNV FUNDING LLC XXXX XXXX XXXX XXXX, SC XXXX ( XXXX ) XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT " LVNV Funding LLC '', you are furnishing inaccurate and incorrect information about me. 

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and household purposes. 

You and your inaccurate reporting have damaged my livelihood. 

15 US Code 1681s-2- Responsibilities of Furnishers of Information to consumer Reporting agencies.

( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors Apersonshall not furnish any information relating to aconsumerto anyconsumer reporting agencyif thepersonknows or hasreasonable cause to believe that the information is inaccurate.

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact PROHIBITION : a law or regulation forbidding something.

As Defined by the IRS Even if you didnt receive a Form 1099-C you must cancel debt as gross income on your tax return.

The IRS clearly defines a charge-off as Gross or Ordinary Income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT!

By Definition The IRS clearly says a Canceled Debt or Charge off is Income. The Reporting of this account as a debt is inaccurate.

15 USC 1681 s-2 Says you, LVNV Funding LLC are a furnisher of Information to a consumer reporting agency.

You are PROHIBITED BY LAW Furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately.

15 USC 1681 S-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency. If the person knows or has reasonable cause to believe that the information is inaccurate.

You are hereby put on Notice that you are furnishing incorrect inaccurate information.

The lender must file Form-1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication.

SEND ME MY FORM 1099-C that you should have sent, when you Filed this account as a canceled debt.

My Mailing Address is Reference at the top of the first letter.

15 U.S. Code 1681s-2- ( a ) Duty OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION B ) Reporting information after notice and confirmation of errors Apersonshall not furnish information relating to aconsumerto anyconsumer reporting agencyif ( i ) thepersonhas been notified by theconsumer, at the address specified by thepersonfor such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information.

The continued reporting of this information is a clear violation of the Law 15 USC 1681s-2 of your grave responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report.

You have 10 Calendar Days to Delete this Account from my Consumer Reports! 


Sincerely, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, MI XXXX

Company response to consumer: Closed with explanation