Consumer complaint received 2024-09-23
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Resurgent Capital Services L.P. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Dear Sir/Madam, I am writing to formally demand that XXXX XXXX XXXX immediately cease and desist all collection activities including but not limited to ; XXXX. Attempting to settle the debt telephonically when contacted to obtain my XXXX despite it being past the statute of limitations to collect on pursuant to the XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Reporting the account to all three credit Bureaus as a charge-off while placing it for collections with XXXX XXXX XXXXXXXX still illegally attempting to collect on a debt that is out of statute. 

XXXX. Reporting the account to all three credit bureaus as a CHARGE-OFF with a current balance due, past due balance, AND a charged-off balance. 

XXXX. Holding my XXXX XXXX and trying to force a settlement under fraudulent pretense by stating We will not provide a XXXX until the account is settled/paid off. 

This account is listed as a charge-off and has been repeatedly verified as such by all three credit bureaus. Pursuant to the United States Code XXXX XXXX Code XXXX and IRS XXXX the debt has been canceled as XXXX XXXX has been compensated on their XXXX income taxes form XXXX XXXX XXXX XXXX  and Loss Statement. XXXX XXXX is required by law to report this as income for the XXXX by completing and filing a XXXX. I am entitled to by law to receive the XXXX for tax purposes. 

XXXX. XXXX XXXX is to hereby permanently cease and desist reporting the account ending in XXXX to my XXXX Credit Report, which appears on my credit report and is associated with file XXXX, XXXX Credit Report with file number XXXX, and my Experian credit report with report number XXXX Additionally, I remind you of your obligations under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). It is unlawful to engage in fraudulent reporting or deceptive practices, including the reporting of inaccurate or unverified information to credit reporting agencies. 
As a reminder pursuant to the XXXX XXXX Practices & Remedies Code Section XXXX, the statute of limitations on debt collection has expired, and any attempts to collect on this debt are prohibited by law. 
I hereby demand that XXXX XXXX provide my Form XXXX regarding this debt. As the recipient of such forms, I am entitled to this information for tax reporting purposes. Continued refusal to comply with this reasonable request for my XXXX C will result in XXXX XXXX being reported to the IRS for XXXX XXXX by utilizing form XXXX and it will be submitted at the IRS XXXX XXXX XXXX XXXX California XXXX 
I demand that you remove/delete the XXXX XXXX XXXX XXXX account ending in XXXX along with any negative or derogatory information related to this account and refrain from reinserting it on my XXXX, XXXX, and XXXX credit XXXX for any reason whatsoever. 
I emphasize that fraudulent or inaccurate reporting can have severe consequences for consumers and may result in significant financial harm. Therefore, XXXX, XXXX, and XXXX will be provided with a copy of this cease and desist letter and I will expect them to take immediate action to rectify this matter in accordance with the law as well. 
Please be advised that I am in possession of a recorded phone call with an employee from your account restructuring department denying me my 1099C as well as attempting to illegally settle the debt and telling me its a charge off but it's also a collection. It is one or the other not both. Know that failure to comply with this demand will leave me no choice but to pursue legal remedies available under federal and state law, including but not limited to filing complaints with the appropriate regulatory authorities and seeking damages for any violations. 
Furthermore, I request that you provide written confirmation within 10 days from the date of this letter that you have ceased all collection activities and removed any negative reporting related to the aforementioned account from my XXXX, XXXX, and XXXX credit reports. You XXXX contact me via phone at XXXX or via email at XXXX Thank you for your prompt attention to this matter. I expect your compliance within the specified time frame. 
Sincerely, XXXX XXXX