Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P. (NY)

LVNV Funding LLC [ Address of LVNV Funding ] [ City, State, Zip Code ] Resurgent Capital Services [ Address of Resurgent Capital Services ] [ City, State, Zip Code ] Re : XXXX XXXX XXXX - Pursuant Debt Collection, Charge Off, and Legal Compliance Dear LVNV Funding and Resurgent Capital Services, I am writing in reference to the debt collection efforts and charge-off activities associated with my account. This letter is intended to formally address the legal noncompliance issues and unauthorized actions regarding your collection efforts under federal law. I respectfully request your immediate attention and action in response to the following : Debt Collection Practices : Pursuant to 15 USC 1692, the Fair Debt Collection Practices Act ( FDCPA ), I have the right to be treated fairly and without harassment during any debt collection activities. I request that LVNV Funding and Resurgent Capital Services confirm that all communications and actions related to my account have adhered to the FDCPA, and I demand validation of the alleged debt, including but not limited to : The full accounting of the debt, including the original amount, any accrued interest, fees, or penalties. 
The identity of the original creditor. 
Proof of ownership and assignment of the debt. 
Unauthorized and Inaccurate Reporting : Under 15 USC 1681n, the Fair Credit Reporting Act ( FCRA ), it is unlawful for any entity to report unauthorized or inaccurate information to credit reporting agencies. I believe there may be unauthorized and inaccurate reporting regarding this debt, and I demand the immediate cessation of any credit reporting until this matter has been resolved. Specifically, I request the following : Evidence of the accuracy of any reported information regarding this account. 
Confirmation that LVNV Funding and Resurgent Capital Services have complied with their obligations under the FCRA, ensuring that any information reported about my financial standing is accurate and authorized. 
Valuation of Holder in Due Course : Furthermore, I require evidence that LVNV Funding and/or Resurgent Capital Services are the valid holders in due course of this alleged debt. As you are aware, under the Uniform Commercial Code ( UCC ), a holder in due course must possess a valid and original promissory note or contract, endorsed in wet ink, which has been lawfully transferred from the original creditor. To this end, I request the following documentation : The original promissory note, contract, or other valid documentation showing the wet ink endorsement of the debt from the original creditor. 
Proof of lawful assignment and transfer of the debt to your company, including all intervening transactions. 
Charge-Off and Account Validation : If the account in question has been charged off, I request a detailed explanation of how this charge-off has been calculated, including the dates, amounts, and processes followed. Additionally, under the FDCPA and FCRA, I request that any collection activity or reporting based on an unlawful or erroneous charge-off be corrected or withdrawn. 
Demand for Action : In light of the above concerns, I request the following actions be taken immediately : Cease all collection efforts related to this account until the debt has been properly validated with the requested documentation. 
Remove any unauthorized or inaccurate reporting of this account to the credit reporting agencies. 
Provide a written response within 30 days, including the requested validation and all relevant documentation demonstrating compliance with 15 USC 1692, 15 USC 1681n, and applicable commercial laws regarding holders in due course.

I trust that LVNV Funding and Resurgent Capital Services will take these concerns seriously and act in accordance with federal law to resolve this matter. Failure to do so may result in further legal action to protect my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

Thank you for your attention to this important matter. I look forward to your prompt response. 

without recourse and without prejudices by XXXX XXXX, XXXX