Consumer complaint received 2024-10-18
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (TX)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX XX/XX/XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX, XXXX XXXX Subject : Final Notice to Cease Reporting Unvalidated Debt and Delete Collection from Credit Report CFPB Case # : XXXX Account Number : XXXX Reference Number : XXXX Dear Compliance Department, I am writing to you regarding the alleged debt you are reporting on my credit report in connection with the account referenced above. After thoroughly reviewing your response dated XX/XX/XXXX, it has become clear that the documentation you provided fails to meet the legal requirements necessary for debt validation as outlined under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ). Specifically, the following issues were identified : 1. Lack of Sufficient Validation : The FDCPA mandates that a debt collector must provide verification of the debt upon request, including an itemized breakdown of the amount owed, proof of ownership or assignment of the debt, and a copy of the original agreement with the original creditor. While you provided an account summary and terms and conditions, you failed to supply any documentation that includes my original signature or shows my direct agreement to the debt, which is required to substantiate your claim. 

2. Unclear Proof of Ownership : The documentation you provided states that LVNV Funding LLC acquired the debt on XX/XX/XXXX. However, there is no clear proof or chain of title showing the lawful transfer of the debt from the original creditor, XXXX XXXX XXXX ( XXXX ), XXXX, to LVNV Funding LLC, which is essential to prove that you have the legal right to collect on this debt. 

3. Inconsistent Account Information : The information you provided indicates a charge-off date of XX/XX/XXXX, and that no payments have been made since acquisition. However, I have never received adequate documentation proving the balance claimed, including any details regarding the accumulation of interest or fees. Furthermore, you have not provided sufficient details regarding the original terms and conditions of the debt, which is crucial for verifying the validity of the alleged debt. 

4. Failure to Cease Reporting During Dispute : You are currently reporting this debt to the credit bureaus as " disputed, '' which under the FDCPA, you are required to cease all collection activities, including reporting to credit agencies, until the debt has been fully validated. The ongoing reporting of this debt violates my rights as outlined under the FCRA. 

Demand for Immediate Action In light of the above, I am requesting that you take the following actions immediately : - Cease all collection activities related to this debt. 
- Remove all references to this account from my credit report with all major credit bureaus ( XXXX, XXXX, and XXXX ) within 15 days of receiving this letter. 
- Provide me with written confirmation that this account has been permanently deleted from my credit report. 

Failure to comply with this request will leave me no choice but to escalate this matter further by filing a lawsuit for violations of the FDCPA and FCRA. I have maintained a record of all correspondence and evidence, and I am prepared to pursue all available legal remedies, including statutory damages and attorney fees, as permitted under federal law. 

I look forward to your immediate cooperation. 

Sincerely, XXXX XXXX