Consumer complaint received 2022-10-02
Company: Resurgent Capital Services L.P.
State: SC
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
RE : Account Number Ending XXXX To Whom It May Concern : This letter is being sent to you in response to multiple requests to LVNV Funding LLC ( XXXX  Resurgent Capital Services ) for numerous FDCPA violations. This is not an admittance that I owe the stated debt but rather exercising my right to challenge questionable information found on my personal credit reports. 
1. LVNV Funding LLC ( dba Resurgent Capital Services ) has repeatedly ignored my request for proper Debt Validation via my request for a Detailed Full Account Summary Report since the Origination Date of the Loan with the Original Creditor. 
a. An Account XXXX Report fabricated by Resurgent Capital Services is not a legal validation of debt. Documentation clearly states : This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor. 
b. LVNV Funding LLC ( dba Resurgent Capital Services ) continues to state that the Charged Off Balance is {$3800.00} and the current Account Balance is {$3000.00}. To date, LVNV Funding LLC ( dba Resurgent Capital Services ) has not provided a Detailed Account Summary of the Outstanding Balance for {$3000.00} from the original creditor. I am requesting an original full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes payments, interest, fees, etc. ( See attached document ) 2. In a Demand Notice ( See attachment ) from XXXX XXXX LVNV Funding LLC, debt collector states : a. The account went into default on XX/XX/XXXX b. It was charged off on XX/XX/XXXX 3. On XX/XX/XXXX, LVNV Funding LLC ( XXXX Resurgent Capital Services ) responded to a XXXX Consumer Complaint that states ( See attachment ) : a. The referenced account originated on XX/XX/XXXX with WebBank. 
b. The account charged off on XX/XX/XXXX with a balance of {$3800.00}. 
c. The last payment in the amount of {$140.00} was received on XX/XX/XXXX. I do not have any record of payment. How is it possible that I made a payment AFTER charge-off? 
d. Per LVNV Funding LLC ( dba Resurgent Capital Services ), the current account balance is {$3000.00} e. The attached information presents confusion causing an unsophisticated consumer to be concerned which of the alleged amounts due is accurate. When that information is presented in arguably confusing manner, it could influence the consumers decision on what to pay. ( See attached documentation from the original credit service provider, XXXX XXXX ) 4. As per an opinion letter published by the FTC, reporting the collection to the credit bureaus is considered continued collection activity. LVNV Funding LLC XXXX XXXXXXXX Resurgent Capital Services ) is continuing with violations of the FDCPA for continuing to report invalidated and false debt information and is subject to a fine of {$1000.00} per each violation which can be collected in small claims court. 

5. Reporting false information to the credit bureaus has already resulted in defamation of my character and is negatively impacting my ability to get the best mortgage rates which I can prove in the court of law. As a matter of contract law, I am entitled to know the full accounting summary of the amount that is being claimed that I owe as well as the chain of assignment from the original creditor. 

LVNV Funding LLC has the burden to prove that I am responsible for the correct debt amount. To meet this burden, LVNV Funding LLC must show how it came to acquire it. The sale or assignment of a debt from the original creditor to a new creditor must sufficiently identify my particular debt to be valid. 

To prove that the alleged debt is attributable to me, LVNV Funding LLC must prove the establishment of that debt. This usually means producing an original contract and a chain of assignment as well by showing a complete original accounting of the alleged balance. This generally includes a full set of original account statements. 

The burden of proof is on LVNV Funding LLC to show it owns the debt and to show that I am liable for the correct amount LVNV Funding LLC asserts that I owe. The current creditors say-so is not enough to persuade me that the correct debt amount is actually owed. LVNV can not claim custodian testimony under the business records exception to the hearsay rule. Its custodian may be familiar with its business records. The business records exception does not create a documentary record where one does not exist. 

I am requesting that LVNV Funding LLC provide full verification and documentation of the amount that the current creditor is trying to collect and how the amount was calculated including any adjustments since it does not match the alleged charge-off amount nor any of the documentation submitted by the previous credit servicer of the account, XXXX XXXX XXXX 

In a court of law, the current creditor must show you that it has title to the alleged debt amount. How do I protect myself from fraudulent claims? I want to see the chain of title to make sure there is good title from the original creditor. At a minimum, they must show me the Purchase Agreement where they supposedly bought my debt, and they will have to show that my debt was included in the Purchase Agreement. 

Leaving false information on my credit reports or parking an account is considered continued collection activity on an invalidated account and is an FDCPA violation. Leaving or parking this false information on my credit reports is currently preventing me from getting the best rates on credit approvals. 

I have disputed this false account balance with the consumer reporting agencies ( XXXX, XXXX, and XXXX XXXX ) using a Fair Credit Reporting Act dispute ( FCRA ) and it has been updated as verified by LVNV Funding.

Under FDCPA, I have the right to sue LVNV Funding for putting false information on my credit report with no proof of the alleged balance since I have already disputed with the credit reporting agencies. Since the credit bureaus and LVNV Funding did not follow the law then I have the option to sue them under FCRA and FDCPA violations. 

According to the Fair Debt Collection Practices Act ( FDCPA ), I have the right to ask for a proper validation of the debt that LVNV Funding LLC ( dba Resurgent Capital Services ) claim I owe per 15 USC1692g Sec.809 ( b ) of the FDCPA.

In summary, I am requesting the following documentation from LVNV Funding LLC ( dba Resurgent Capital Services ) : 1. Chain of Assignment Not Proven : The debt buyer must provide reliable documentation to validate ownership and to prove the entire unbroken chain of assignment from original creditor ( WebBank ) to current creditor ( LVNV Funding LLC ). Terms and conditions governing the Bill of Sale including any representations, warranties and disclaimers are necessary. 
2. Account Stated Not Proven : Account stated requires that a new relationship between LVNV Funding LLC ( XXXX  Resurgent Capital Services ) and myself exists and an agreement to pay the correct amount which requires proof of prior transactions or an implied agreement to the correct alleged amount due. Therefore, it is necessary for debt collector to prove its status as the assignee. 
3. Original Contracts : The debt buyer must provide reliable documentation to prove the terms and conditions of underlying contracts including authenticated copies showing that the alleged debt is accurate. The lack of account details makes tying the assignments to the alleged debt impossible. Without terms and conditions of the original contract, it is impossible to prove contractual rights to issue payments to LVNV Funding LLC ( XXXX Resurgent Capital Services ). 
4. Full Accounting of Alleged Debt from Original Creditor : Without full accounting of how all charges and payments were allocated, it is assumed that LVNV Funding LLC ( dba Resurgent Capital Services ) is providing misleading statements and omissions in accurate balances owed. Supporting documentation will dis-prove any intentional deceptions, errors, or omissions in accurate data. 
XXXX XXXX XXXX  ( previous credit service provider for WebBank ) repeatedly agreed to multiple settlement offers and then for no valid reason would terminate the agreements as I now understand is a FDCPA violation. Per the attached copies, you can see that an unsophisticated person would not be able to verify the accurate balance due since it appears that interest and fees were added each time that XXXX illegally terminated the settlement agreements in order to falsely inflate the outstanding balance. 
b. In addition, LVNV Funding states : The last payment in the amount of {$140.00} was received on XX/XX/XXXX. I do not have any record of payment. How is it possible that I made a payment AFTER charge-off? In addition, I am including emails from XX/XX/XXXX, thru XX/XX/XXXX, which shows the same account balance due and does not reflect any payments on XX/XX/XXXX. 
XXXX XXXX was continuing to collect on outstanding balances AFTER the account charged off dated XX/XX/XXXX, with multiple balances due that do not match the alleged charge off amount of {$3800.00}. ( See attached Settlement Agreements and Collection Notices ) 5. Proof of Personal Knowledge : To meet its burden, the proof submitted by LVNV Funding LLC must be based on personal knowledge. Personal knowledge means that the person offering the evidence on behalf of LVNV Funding LLC must be a witness to the event shown in a particular document. The person offering the evidence must have personal knowledge of how the information got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have personal knowledge, the documentation is hearsay, and it can not be used.

Company response to consumer: Closed with explanation