Consumer complaint received 2024-09-12
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (NY)

Be advised that this is not a refusal to pay, but a notice that your claim is disputed, and validation is requested. Under the Fair Debt Collection Practices Act ( FDCPA ), 15 USC 1692 Sec. 809 ( b ), I have the right to request validation of the debt you claim that 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 Fair Debt Collection Practices Act ( FDCPA ). I respectfully request that your offices provide me with competen
t evidence that I have any legal obligation to pay you.

At this time, I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act Violation of the Fair Credit Reporting Act Defamation of Character If your office can 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. 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. 

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 deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

I am also requesting, in writing, that no telephone contact be made by your offices to my home or place of employment made pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 USC 1692c Sec. 805 ( c ). If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will not have a choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. 

Please supply the information below : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. 

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 

If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. 

The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 

State the amount of the debt when you obtained it, and when that was. 

If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 

If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 

If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 

Tell me when the creditor claims this debt became due and when it became delinquent. 

Identify the date of the last payment made on this account. 

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

Details about your authority to collect this debt. 

I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 
Please provide the name and address of the bonding agent for Collection Agency Name in case legal action becomes necessary. 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 documentation. This is a request for validation made pursuant to 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ).