Consumer complaint received 2023-07-30
Company: Resurgent Capital Services L.P.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I am writing to file a formal complaint against Resurgent Capital Services L.P. ( Debt Collection Agency ) regarding their handling of the alleged debt associated with the above-referenced account. Despite my previous communication with the agency, I remain dissatisfied with their numerous responses dated XXXX XXXX, two on XXXX, XXXX, 2023, XX/XX/2023, and XX/XX/2023 all stating the same, " We have received a recent inquiry regarding the above-referenced account and have enclosed the account summary which provides verification of debt. For further assistance, please contact one of our Customer Service Representatives ... '', which failed to meet the requirements for proper debt validation as mandated by the Fair Debt Collection Practices Act ( FDCPA ).

Statements Are Not Sufficient Verification of Debt : In their previous correspondence, Resurgent Capital Services L.P. provided credit card statements and an account summary, claiming that they constitute verification of the debt. However, I want to emphasize that credit card statements or an account summary do not fulfill the FDCPA 's standards for proper debt validation. Debt collectors are required to provide specific details that validate the authenticity and accuracy of the debt.

Demand for Proper Debt Validation : I kindly request that the Consumer Financial Protection Bureau intervenes and ensures that Resurgent Capital Services L.P. provides a comprehensive and substantiated validation of the alleged debt, adhering to the guidelines set forth in the FDCPA. The agency must be required to submit the following information : a ) Verification of the Original Creditor : Documentation that establishes the identity and contact information of the original creditor, including any account numbers or references associated with the alleged debt.

b ) Detailed Account Information : A comprehensive statement of the account, including a breakdown of the principal amount, interest, fees, and any other charges claimed to be owed.

c ) Signed Agreement or Contract : A copy of the signed agreement or contract that establishes my obligation to pay the alleged debt.

d ) Proof of Assignment : Documentation confirming Resurgent Capital Services L.P. 's legal authority to collect the debt on behalf of the original creditor if the debt has been sold or transferred.

e ) Itemized Transaction History : A complete itemization of the debt, including all relevant transactions, payments, and adjustments related to the account.

f ) Schedules RC-Balance Sheet, RC-E-Deposit Liabilities, RC-C-Loans & Leases, RC-L-Derivatives, and off-balance sheet items, RC-S-Servicing, securitization, and asset sale activities : I demand that Resurgent Capital Services L.P. exhibits the relevant portions of these records, as mentioned in the debt verification process . These records are required under 12 U.S.C. 1817 ( a ) ( 1 ) ( Federal Deposit Insurance Act ) and are essential in validating the debt 's authenticity.

Removal of Credit Bureau Reporting : If Resurgent Capital Services L.P. fails to provide the proper validation of the alleged debt within 30 days from the date of receipt of this complaint, I demand that the Consumer Financial Protection Bureau ensures the prompt removal of any negative credit reporting associated with this debt from my credit profile. The failure to validate the debt renders it unverifiable, and continued reporting of unverified information to credit bureaus is a direct violation of the Fair Credit Reporting Act ( FCRA ).

Company response to consumer: Closed with explanation