Consumer complaint received 2018-04-12
Company: Resurgent Capital Services L.P.
State: VA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I filed a complaint with the CFPB on XX/XX/XXXX which your company responded to on XX/XX/XXXX. ( your response attached labeled in part XXXX XXXX ) I could not respond on portal so I e-mailed the following e-mails in an attempt to get further assistance regarding FDCPA violations and an attempt to amicably resolve them.

* XX/XX/XXXX- I emailed XXXX ( listed on your website ), XXXX, and XXXX ( person who responded to my complaint ) * XX/XX/XXXX- I forward my e-mail to XXXX XXXX  at XXXX A copy of my e-mail is now listed below and attached ( attachment probably easier to read- labeled Fwd : re : CFPB.. '' ) I look forward to hearing from you : From : XXXX XXXX <XXXX> Date : XX/XX/XXXX at XXXX XXXX EDT To : " XXXX  '' <XXXX> Subject : Fwd : Re ; CFPB Response regarding XXXX XXXX Account ID : XXXX XXXX, I was hoping you could assist me with the email I sent below. I would really appreciate it. If you have any questions please dont hesitate to reach out to me.

XXXX XXXX.

Begin forwarded message : From : XXXX XXXX  <XXXX> Date : XX/XX/XXXX at XXXX XXXX EDT To : " XXXX '' <XXXX>, " XXXX '' <XXXX>, XXXX XXXX <XXXX> Subject : Re ; CFPB Response regarding XXXX XXXX Account ID : XXXX  To Whom It May Concern, This letter is in response to the Consumer Financial Protection Bureau response to my complaint from your company dated XX/XX/XXXX and also attached to this e-mail for your ease of review. In that letter signed by A. Black Compliance Department, advised you would honor a prior settlement arrangement, {$1800.00} over five monthly payments. Four payments of {$350.00} and one payment of {$410.00} starting XX/XX/XXXX. This letter also advised that contrary to prior arrangement with the previous servicer XXXX XXXX XXXX, the tradeline would not be removed at the completion of the settlement arrangement, but rather it would be updated to account paid in full for less than the full balance.

While I appreciate your willingness to honor the settlement amount, the denial to honor the tradeline removal caused me to research the account handling by Resurgent. This review reminded me of FDCPA violations by Resurgent, of which Resurgent was notified via phone call and e-mail, back in XX/XX/XXXX. Here is a timeline of events : XX/XX/XXXX- Letter Dated with this date was sent to me advising me of an electronic payment to be debited on XX/XX/XXXX. ( attached to this e-mail ) o Notice of withdrawal sent a day after the actual date of withdrawal.

o 15 U.S. Code Section 1692 ( f ) ( 2 ) of The Fair Debt Collection Practices Act ( FDCPA ) prescribes the timing requirements ; 1. The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

o Here I was sent a letter dated XX/XX/XXXX that notified me of a scheduled draft to take place one business day prior. Clearly a violation, but that is not all.

o FDCPA violation # 1 XX/XX/XXXX- Checks # XXXX and # XXXX were drawn on my checking account for {$50.00} each, a total of {$100.00}.

o No notice was sent to me by Resurgent, not even a letter similar to the letter dated XX/XX/XXXX. Notes below will confirm no letter was sent by Resurgent.

1. FDCPA violation # 2 o Even if a letter was sent, which it wasnt, only {$50.00} was previously authorized to be drafted pursuant to the settlement arrangement set up.

o This additional {$50.00} draft caused my account to be overdrawn and a {$12.00} fee was charged by my bank.XX/XX/XXXX- I sent an e-mail to XXXX ( also attached to this e-mail ) advising them of the double draft, an overdraft fee was incurred, a request for reimbursement of overdraft fee, a request for reimbursement of the extra {$50.00} payment that was drafted, and notice that no electronic withdrawal notice was provided XX/XX/XXXX- Voicemail received at XXXX from a XXXX XXXX  ( Sp ? ) from Resurgent, in response to my e-mail, requesting a call back XXXX.

o This confirms XXXX is a valid/working e-mail address Multiple attempts made to reach XXXX, but no call back was ever received after her initial call on XX/XX/XXXX Around XX/XX/XXXX- I called Resurgent and was able to reach a representative who was very combative and not the least bit helpful. I strongly suggest listening to that phone call, which was recorded.

o One thing that stood out the most was him telling me I could spin my story however I want to 1. This in regards to me explaining what happened and how your company committed a violation.

o Nothing resolved from this phone call as you can imagine.

XX/XX/XXXX- I sent an e-mail to XXXX advising them of this awful experience and to not draft any more funds and another request to refund the {$50.00} draft and the {$12.00} overdraft fee o No response received on this e-mail.XX/XX/XXXX- I forwarded previous e-mail chain sent to XXXX  to XXXX in hopes to get a response.

o In this e-mail I reiterated my request for {$50.00} back and {$12.00} fee o Requested a confirmation that this request was received o Advised I was extremely disappointed in the handling of this account o No response received from your company To date, I have not received a reimbursement of the overdraft fees or the unauthorized draft. All my e-mails have been received by Resurgent, with my Account ID in the subject line and name/last 4 SSN in the body of the e-mail, but no response was received by your firm.

In light of all of this, I now write in hopes we can resolve this amicably without the need for litigation. As you previously were made aware in my CFPB complaint, I was the Collection Manager for a Creditors Rights law firm. I defended our firm when FDCPA lawsuits were threatened/filed against our company. Since the FDCPA is a strict liability statute, the clear violations, such as this one were negotiated without the need for a lawsuit. The FDCPA violations, by statute, will award me {$1000.00} plus attorney fees and costs at a minimum. One of our competitors had an FDCPA lawsuit against them, where the judge found them to have violated the FDCPA, awarded the consumer money and awarded the attorneys representing him over {$40000.00} in attorney fees. I had a matter with a collection agency and original creditor ( CA was collecting on OC debt ) that resulted in me receiving {$1500.00}, complete waiver of my five-figure debt ( no XXXX  ) and tradeline deletion. Due to the release we signed, I cant disclose the parties involved.

I mention the above to show the reasonableness of my offer to settle. To avoid drawn out litigation and because I am also a member of the ARM industry, I propose the following to resolve the FDCPA claims I have.

Tradeline deletion of the XXXX XXXX XXXX item on my credit reports from all bureaus you report to Waiver of the debt completely o No further collections on the account, account wont be sold to another agency and no XXXX   due to waiver ; and Reimbursement of my {$50.00} that was not authorized and {$12.00} fee.

Resurgent can keep {$150.00} of the {$200.00} in payments they have received o According to my colleagues who work in asset sales at major creditors and a competitor of yours, the {$150.00} should come close to covering the cost of purchasing this type of debt.

If you are agreeable, I can provide a release, or I am willing to use a release drafted by your company. I would like a response to this offer by this Friday, XX/XX/XXXX. You can respond directly to my e-mail at XXXX  you have my express permission to do so. You may call me at XXXX to confirm receipt of this letter. I will hold off on filing this e-mail with the CFPB as they allow me until XX/XX/XXXX to provide an update as to your filed response with them. I look forward to hearing from you and resolving this matter. Have a great week.

Regards, XXXX XXXX Last 4 SSN XXXX  DOBXX/XX/XXXX

Company response to consumer: Closed with monetary relief