Consumer complaint received 2022-10-23
Company: Resurgent Capital Services L.P.
State: SC
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
To Whom It May Concern : CFPB Case # : XXXX was previously submitted and closed despite the fact that Resurgent Capital Services is still researching the inquiry. Resurgent provided a Assignment Transfer but did not provide the Full Accounting Summary that I requested from the original creditor to prove the alleged debt is accurate. 

I am submitting a new complaint pending the following response from Resurgent to provide an original full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes breaskdown of detailed payments, interest, fees, etc. : " Resurgent has contacted the previous creditor regarding the concerns raised in the inquiry. If, upon hearing back from the previous creditor, we learn anything to substantiate these concerns, we will take any steps necessary to resolve this matter. '' Again, I did not ask for this issue to be resolved in the future but requires immediate attention and thus, this CFPB Complaint should remain open until the entire complaint it resolved. This is my final request for Resurgent to comply with this request. 

This letter is being sent to you in response to multiple requests to Resurgent Capital Services ( on behalf of LVNV Funding LLC ) 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. As stated with facts below, I have a strong case to believe that the alleged amount from the original creditor is not accurate. 

1. 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. Resurgent has repeatedly responded with the following information : i. The referenced account originated on XX/XX/XXXX with XXXX. 
ii. The account charged off on XX/XX/XXXX with a balance of {$3800.00}. 
iii. The last payment in the amount of {$140.00} was received on XX/XX/XXXX. 
iv. Per LVNV Funding LLC ( dba Resurgent Capital Services ), the current account balance is {$3000.00} b. An Account Summary Report fabricated by Resurgent Capital Services dated XX/XX/XXXX and again dated XX/XX/XXXX 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. Resurgent Capital Services has responded on the following dates with the same fabricated account summary : i. XX/XX/XXXX ( XXXX XXXX from Resurgent ) XXXX. XX/XX/XXXX ( XXXX XXXX XXXX XXXX XXXX  XXXX ) XXXX. XX/XX/XXXX ( XXXX Office of Attorney General ) iv. XX/XX/XXXX ( Consumer Financial Protection Bureau ) XXXX XX/XX/XXXX ( SC XXXX XXXX XXXX XXXX  XXXX ) vi. XX/XX/XXXX ( Consumer Financial Protection Bureau ) vii. XX/XX/XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) viii. XX/XX/XXXX ( Consumer Financial Protection Bureau ) XXXX To date, 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. 

2. Credit Reporting Agency Disputes : a. Resurgent Capital Services has responded on the following dates with validations of the alleged debt amount : i. XX/XX/XXXX ( XXXX  Dispute Results ) XXXX. XX/XX/XXXX ( XXXX Dispute Results ) XXXX. XX/XX/XXXX ( XXXX Dispute Results ) 3. Proof of Personal Knowledge : To meet its burden, the proof submitted by Resurgent Capital Services must be based on personal knowledge. Personal knowledge means that the person offering the evidence on behalf of Resurgent Capital Services 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. 

4. Full Accounting of Alleged Debt from Original Creditor : Without full accounting of how all charges and payments were allocated, it is assumed that 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. 
a. Per FTC vs Avant LLC Complaint ( Case # XXXX ), XXXX XXXX has agreed to settle the Federal Trade Commissions charges that it engaged in deceptive and unfair loan servicing practices, such as imposing unauthorized charges on consumers accounts and unlawfully requiring consumers to consent to automatic payments from their bank accounts. 
b. Link to : XXXX XXXX XXXX XXXX Based on attached documentation and as a previous customer of XXXX XXXX XXXX I am confident that I was a victim of XXXX XXXX business practices. As a result, I think that it is non-negotiable that Resurgent Capital Services provide a full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes payments, interest, fees, etc. 
d. Some of the violations that I believe that XXXX committed against me are : i. 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 ). Per the original contract, XXXX did not have standing in the original contract to collect interest on a post-charged off balance which is an FCRA violation. Payment history in the assignment transfer provided by Resurgent shows charge off interest outstanding in addition to the charge off principal outstanding. 
ii. XXXX falsely advertised that it would accept payments by credit or debit cards, when in fact it rejected these forms of payments. 
iii. XXXX repeatedly agreed to multiple settlement offers and then would terminate the agreements claiming that the payment could not be processed. As I recall, I spent numerous hours on the phone with the bank trying to determine why they rejected the payments with no viable solution found. I was often told that there was no valid reason for the bank payment to be rejected nor was it ever presented on the bank side. Per the attached copies, you can see that an unsophisticated person would not be able to verify the accurate balance due since interest and fees were added each time that XXXX illegally terminated the settlement agreements in order to falsely inflate the outstanding balance. XXXX set up payments and then falsely claimed that the payments were rejected in order to inflate outstanding balances. 
1. XXXX failed to properly and timely credit payments made by check ; thus, inflating outstanding balances. 
2. XXXX provided inaccurate payoff quotes to consumers ( See attached document ) 3. XXXX offered collecting payment by means of remotely created check ( RCC ). 
iv. The attached information from the original credit service provider XXXX XXXX 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. 
e. 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. 
i. In CFPB response dated XX/XX/XXXX : Resurgent provide a copy of the payment history from XXXX included with the Purchase Agreement. Again, the attached payment history is not a full accounting summary from the Original Creditor but rather aggregate amounts. Resurgent states It is Resurgents goal to adhere to all state and federal laws and regulations concerning the collection of debts. After investigating the Account, we found no evidence of the mishandlings alleged in the complaint. How is it possible that LVNV found no evidence of mishandlings when I provided documentation to prove otherwise? 
ii. Then 3 days later, in CFPB response dated XX/XX/XXXX : Resurgent states : Resurgent has contacted the previous creditor regarding the concerns raised in the inquiry. If, upon hearing back from the previous creditor, we learn anything to substantiate these concerns, we will take any steps necessary to resolve this matter. This statement is an admission of guilt and proof that Resurgent has not properly validated the alleged debt in all of my previous inquiries including credit reporting disputes since they are just now contacting the original creditor/Credit Service Provider for validation. This is an FDCPA violation. 

5. As per an opinion letter published by the FTC, reporting the collection to the credit bureaus is considered continued collection activity. 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. 

6. 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 from the original creditor. 

I am requesting that Resurgent Capital Services 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 

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 Resurgent Capital Services. 

Under FDCPA, I have the right to sue Resurgent Capital Services and 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 Resurgent Capital Services did not follow the law then I have the option to sue them under 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 Resurgent Capital Services claim I owe per 15 USC1692g Sec.809 ( b ) of the FDCPA.

Company response to consumer: Closed with explanation