Consumer complaint received 2023-01-12
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To Whom It May Concern : I am writing to inform you that upon reviewing a copy of my consumer report file, I have noticed an account from this creditor that is erroneous, inaccurate, and illegal. Therefore, I am requesting the description of the procedure used to validate the accuracy and completeness of this account on my consumer report. 


Be advised this is not a refusal to pay a debt, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. 


I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. 


This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 


At this time I will also inform you that since your offices have reported inaccurate and invalidated information to several credit bureaus including XXXX, XXXX, XXXX XXXX, XXXX, and XXXX, this action has aided in enabling identity theft fraud as my personal information is being used for financial gain without my consent under both federal and state laws. 


Due to this fact, this is my official notice of intent to sue for negative marks that have been found and are currently reporting on my consumer reports by your company or the company you represent. 


I am bringing legal action against you for the following. 


Violation of the Fair Debt Collection Practices Act Defamation of Character Failure to notify that consumer disputes Reporting a closed account as open XXXX XXXX XXXX XXXX Compliance Reporting as all fields are not 100 % complete nor accurate, in example, account number is incomplete and showing stars/asterisks instead of a full account number Reporting same account multiple times as debt collection agency and as original creditor if applicable I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 


If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. 


If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be closed and deleted with your company or the company which you represent and completely removed from my consumer files and a copy of such deletion request shall be sent to me immediately. 


Please provide the following : Agreement with you or your client that grants you the authority to collect on this alleged debt. 


Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the original creditor. 


Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the assigned debt collector. 


Any insurance claims been made by any creditor regarding this account. 


Any Judgments obtained by any creditor regarding this account. 


Name and address of alleged creditor. 


Name on file of alleged debtor. 


Alleged account number. 


Address on file for alleged debtor. 


Amount of alleged debt. 


Date this alleged debt became payable. 


Date of original charge off or delinquency. 


Verification that this debt was NOT canceled by 1099-C Verification that this debt was or was not assigned or sold to collector. 


Complete accounting of alleged debt. 


Commission for debt collector if collection efforts are successful if applicable. 


Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. 


Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation