Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Resurgent Capital Services L.P. (SC)

Resurgent Capital Services L.P . 
XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX Subject : Non-Compliance with Cease and Desist Request and Demand for Deletion of Accounts from Consumer Reports Dear Resurgent Capital Services, I am writing in response to your letter dated XX/XX/year>, regarding the accounts ending in XXXX and XXXX, currently owned by LVNV Funding LLC. Your response fails to fully address the key issues raised in my original dispute and my cease and desist request. 

Violation of FDCPA Cease and Desist Request Ignored Under 15 U.S.C. 1692c ( c ) of the Fair Debt Collection Practices Act ( FDCPA ), I exercised my right to request that Resurgent Capital Services cease all communication regarding these debts, including communication through consumer reports. A consumer report is considered a medium of communication under this law. By continuing to report these debts to the credit bureaus, your actions constitute a violation of the FDCPA. 

Your acknowledgment of my cease and desist request, yet continued reporting of the debts to credit bureaus, directly violates the statutory requirement that all communication cease, except for certain statutory notices which do not include credit reporting. 

Request for Deletion Under FCRA Unverified Information Furthermore, under 15 U.S.C. 1681i of the Fair Credit Reporting Act ( FCRA ), I have the right to dispute inaccurate, incomplete, or unverifiable information. According to the FCRA, any information that can not be fully verified must be deleted from the consumers credit report. The accounts in question have been charged off and sold, which means the original creditor no longer has any rights to report these accounts as " charged off. '' Once an account is sold, it must reflect a {$0.00} balance and any continuing derogatory remarks must be deleted by the original creditor. 

Reasoning for Deletion Improper Charge-Off Reporting The continued reporting of these debts as charge-offs after they have been sold to LVNV Funding LLC is misleading and constitutes an unfair and deceptive practice. The original creditor, XXXX XXXX XXXX, no longer retains rights to these accounts after their sale to LVNV, and therefore, reporting these accounts as charge-offs is both inaccurate and unverifiable.

Additionally, the reporting of these accounts by LVNV Funding must either show current ownership with a {$0.00} balance under the original creditor or the accounts should be deleted in their entirety, as the debt has already been transferred. 

Actions Requested Immediate Deletion : I demand that both accounts ending in XXXX and XXXX be immediately deleted from all consumer reporting agencies ( XXXX, XXXX, and XXXX ), as the information is inaccurate, incomplete, and unverifiable under FCRA 15 U.S.C. 1681i.

Cessation of Reporting : Under FDCPA 15 U.S.C. 1692c ( c ), I request that Resurgent and LVNV Funding cease any further communication through credit reporting agencies, as this communication violates the cease and desist request that I initially submitted. 

Failure to comply with this lawful request will result in further action, including : Filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ) for violations of the FDCPA and FCRA. 
Seeking legal remedies for the continued violations of my consumer rights under both federal statutes. 
Please provide written confirmation that these accounts have been deleted from all consumer reporting agencies within 30 days of receiving this letter. 

I expect your prompt and full compliance with my requests. I reserve the right to escalate this matter should you fail to adhere to the law.