Consumer complaint received 2024-09-04
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P. (TX)

XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX  XXXX ___________________Alleged Creditor : ______________Account No : Subject : VALIDATION OF DEBT AND DEMAND FOR VERIFIED DOCUMENTATION, FAIR DEBT COLLECTIONS PRACTICES ACT ( FDCPA ) FAIR CREDIT REPORTING ACT ( FCRA ) To Whom It May Concern, I am writing in regarding the unpaid debt on the derogatory account listed above, which I dispute the validity of the debt claimed owed to your company in which you claimed originated by a original creditor. By sending this letter, I am disputing both the validity of the alleged debt and the validity of your claims.Please be aware that any information I receive or does not receive from you will be collected as evidence should any further action be necessary. Please be advised that non-compliance with my demands, could lead to legal action against your company.According to FDCPA, I have the right to request validation of the alleged debt or competent evidence that bears my signature and shows I have some contractual obligations to pay your company.I hereby request that your company provide me under penalty of perjury with the following verified documentary evidence of alleged debt:1. Please provide a verified copy both front and back of the alleged debt contract/agreement/promissory note in its entirety with my signature on it, including any applications, accompanied by a commercial affidavit, sworn to be true, correct.2. Provide verification and documentation, if there is a charge-off of the alleged debt by the original creditor by providing a copy of the written agreement that created the requirement for your company to seek repayment of the debt claimed and what stipulates your terms to collect the alleged charge-off debt in its entirety.3. Please describe in detail your firms charge off procedures as they apply under Sarbanes-Oxley Act of 2002 ( Pub. L. 107-204, 116 Stat. 74 ) 4. Please provide and itemization showing the dates and amounts of each reduction or payment were accrued in your firms procedure, authorized by the consumers agreement and creating a debt or permitted by law.5. Please provide proof that you are licensed to collect debt in the state of XXXX6. Please provide proof that the alleged debt has not been satisfied by any means available including the originator creditor receiving federal Tax write-off or credit for the entire debtused by them as a charge off.7. Please provide proof that you have not purchased the alleged debt.8. Please verify that you know and understand that credit card contracts are a series of continuing offers to contracts and such are non-transferable.If you fail to provide all parts of the requested information or documentation I have requested. Please stipulate why each request including the authorized party that is refusing to provide or make such information available? I will understand that you are unable to confirm or document your claims, but the reasons or motive must be made clear including the responsible party under the tort law precedents of respondeat Superior.Please beware that any negative mark on my XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX for debts that are not validated violates the FCRA. Therefore, if you can not fully validate this debt, you must submit a request for all national credit reporting agencies to delete any negative entry. In addition, until I have received and reviewed any evidence as requested in this letter of Debt Validation provided to me from your company, I ask that you take no further action proceeding, including text message and Phone calls.Please not that if you fail to respond within 30 days of receipt of this letter, I am prepared to take legal action against your company for causes of action including but not limited to, defamation, fraud, and violation under the FRCA. If your firm choose not to respond to this validation demand and its conditions, I will not hesitate to file a suit with my Legal counsel not excluding contacting XXXX State Attorney General, XXXX XXXX and File a complaint with the CFPB, FTC.