Consumer complaint received 2024-10-08
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (AL)

XXXX XXXX XXXX XXXX XXXX XXXX, AL XXXX XX/XX/XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX, SC XXXX Re : Accounts XXXX ( reference # XXXX ) XXXX. XXXX ( reference # XXXX ) To Whom It May Concern, I am writing to address your recent communication regarding the account you claim to have purchased after it was discharged. Your assertion that I was served a summons on XX/XX/XXXX, is categorically false. I demand immediate clarification on who allegedly served these documents and to whom they were delivered. 
During that time, and a year prior I was facing mental and medical issues while grieving another XXXX during the time frame you claimed I was served on XX/XX/XXXX. Given these circumstances, I was not able to receive or respond to any legal notifications due to being depressed and recovering from a medical procedure. This was a period of immense personal crisis, and your claims are not only unfounded but deeply insensitive. I have also included a couple of my medical documents to support my claim against you. 
I must emphasize further that I did not authorize the sale or transfer of my personal information to any third party. Under the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 ), consumers are entitled to notice about the sharing of their personal information, and I was never given such notification or opportunity for consent. Additionally, the California Consumer Privacy Act ( CCPA ) grants consumers the right to know what personal information is being collected and prohibits its sale without explicit consent ( Cal. Civ. Code 1798.120 ). Your actions are in clear violation of these laws.

Furthermore, the Fair Debt Collection Practices Act ( FDCPA ) and the Uniform Commercial Code ( UCC ) protect consumers from being pursued for debts that have been charged off by the original creditor. Specifically, UCC 9-622 states that once an account is charged off as a loss, the original creditor has already received compensation for that debt. Pursuing further collection on such an account is not only unethical but may also be unlawful.

Additionally, the FDCPA prohibits the use of unfair practices in debt collection, including serving documents through unauthorized third parties. Section 806 of the FDCPA specifically states that debt collectors must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, which includes proper service of legal documents.

I am demanding that you immediately delete your claim from all consumer reports. If you fail to do so, I will be forced to take legal action against your agency for violating my rights as a consumer and for any damages resulting from your erroneous collection efforts.

This is a serious matter, and I expect your prompt attention. Until this dispute is resolved and your claim is deleted, I demand that all collection activities cease immediately.

I look forward to your swift response, including the requested information regarding the alleged summons and confirmation of the deletion of your claim. 
Kind Regards, XXXX XXXX