Consumer complaint received 2024-09-27
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/year> Resurgent Capital Services L.P . 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : Follow-Up Request for Debt Validation Account Number : XXXX CFPB Case # : XXXX Reference Number : XXXX Dear Resurgent Capital Services, I am writing to follow up on your response dated XX/XX/year>, regarding the validation of the debt associated with the above-referenced account. After reviewing the documents you provided, I have identified several areas where your response remains insufficient, as outlined below : Debt Validation Insufficiencies : While you provided billing statements and an account summary, these do not constitute complete validation under 15 U.S.C. 1692g ( b ) of the Fair Debt Collection Practices Act ( FDCPA ). Specifically : You have not provided proof of ownership of the debt, such as a bill of sale or assignment from XXXX XXXX XXXX  to LVNV Funding LLC, demonstrating LVNV Funding LLCs right to collect this debt. 
There is no documentation proving the existence of a signed contract or agreement between myself and XXXX XXXX XXXX, establishing the original debt.

Failure to Cease Collection Efforts : Under 15 U.S.C. 1692g ( b ), you are required to cease all collection activities until the debt has been fully validated. Despite my request, you have continued collection efforts and reporting this debt to credit bureaus. Continuing these actions without validating the debt constitutes a violation of the FDCPA. 

Reporting to Credit Bureaus : According to 15 U.S.C. 1681s-2 ( b ) of the Fair Credit Reporting Act ( FCRA ), you are required to stop reporting this debt to credit reporting agencies until full validation is provided. Although you have reported this debt as " disputed, '' this is not sufficient if you have not yet provided proper validation. Continued reporting without validation could result in violations of the FCRA, for which I reserve the right to seek damages. 

Request for Full Documentation : To resolve this matter, I request the following documentation : A copy of the original signed contract or agreement establishing the validity of this debt. 
Proof of ownership or assignment from XXXX XXXX XXXX  to LVNV Funding LLC, such as a bill of sale or other relevant documentation. 
A full accounting of the debt, including all charges, fees, and interest accrued, to verify the accuracy of the debt. 
Legal Consequences for Non-Compliance : If you do not comply with my request within 30 days, I will take further action, including filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and potentially pursuing legal action for violations of the FDCPA and FCRA. Be advised that I may be entitled to statutory damages of up to {$1000.00} per violation, in addition to any actual damages, court costs, and attorneys fees. I may also pursue damages for willful non-compliance under the FCRA, which may include punitive damages. 

Notice of Intent to Sue : If the issues outlined above are not addressed and resolved within 30 days, I will have no choice but to file a lawsuit to enforce my rights under the FDCPA and FCRA. This letter serves as my formal Notice of Intent to Sue, and I expect immediate corrective action. 

In closing, this letter represents my final attempt to resolve this matter without legal action. If I do not receive a satisfactory response within 30 days, I will proceed with filing formal complaints and seeking legal remedies as outlined. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX