Consumer complaint received 2024-09-26
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (FL)

RE : Account Numbers : : XXXX, XXXX, XXXX, and XXXX ( any and all accounts associated with my name ) Dear LVNV Funding/ Resurgent Capital Services XXXX This letter serves as a formal follow-up to the numerous requests I have made to your offices, as well as to reiterate my demands under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692. Despite my previous XXXX written communications, you have failed to provide the legally required documentation to validate the alleged debts associated with the above-referenced accounts, purportedly acquired from XXXX XXXX XXXX  .. 


Request for Debt Validation I hereby invoke my rights under 15 U.S.C. 1692g, demanding immediate validation of the alleged debts. You are required by law to provide the following within XXXX  days from the date of this letter : 1. The original signed credit card holder agreement** for the referenced accounts.

2. Complete copies of all account statements, detailing all transactions, charges, payments, interest rates, and fees.

3. Agreement with the original creditor, authorizing you to collect the alleged debt and/or verification that the alleged debt was assigned or sold to your company.

4. Proof of my legal obligation, including an agreement bearing my signature, demonstrating that I have agreed to assume the debt.

5. Complete payment history and accounting of charges.

6. Proof that the Statute of Limitations in XXXX  has not expired.

7. Proof that you are licensed to collect in XXXX, including your license numbers and details of your Registered Agent or Agent of Service. 

Your previous response, consisting of a mere printout or itemized account details, does not fulfill the legal requirement of debt validation as outlined by the Federal Trade Commission ( FTC ). As the FTC has noted, merely providing a copy of a bill or an alleged account statement is insufficient under the FDCPA. Instead of fulfilling these requests, the company only provided a copy of alleged account information, which is insufficient under FTC guidelines for debt validation. I have yet to receive any agreement bearing my signature, documentation regarding the sale or assignment of the debt, or any other competent evidence that establishes my legal obligation to pay. 
As a result of these actions, I have suffered significant injury and distress, damage to my creditworthiness, and loss of financial opportunities. The continued reporting of invalid debts has harmed my ability to secure credit, employment, and other financial services. I respectfully request that the CFPB investigate this matter, as LVNV Funding/ Resurgent Capital Services has violated my rights under 15 U.S.C. 1692g and continues to act in bad faith by failing to validate the alleged debts. I request that these debts be completely removed from my credit report and canceled, as they are not properly substantiated. I also ask that the CFPB hold LVNV accountable and ensure they comply with all relevant regulations. 

Violation of FDCPA and Harm Suffered : Despite my repeated requests, you continue to report this collection activity to credit bureaus, which constitutes ongoing collection activity in violation of the FDCPA, 15 U.S.C. 1692e ( 8 ). Your failure to provide proper validation has caused significant harm and injury, including damage to my credit reputation, emotional distress, and financial uncertainty. 

Under 15 U.S.C. 1692k, I may pursue statutory damages of up to {$1000.00}, as well as actual damages, including but not limited to : - Emotional distress caused by your harassing and unlawful collection practices. 
- Harm to my credit score, which has impacted my ability to obtain credit or secure favorable terms. 
- Financial damages, including potential attorneys fees and court costs. 

Cease All Communication and Reporting : In addition to my demand for proper validation, I hereby demand that you cease all collection activities related to the alleged debts, including further communication with me or third parties such as credit reporting agencies. This request is made under 15 U.S.C. 1692c ( c ). All further communications must be made in writing via USPS and directed to my mailing address provided above. 

Failure to Comply : Should you fail to provide the requested documentation within XXXX  days of receipt of this letter, I will consider this a waiver of all claims related to the alleged debt, and I will pursue legal action for your continued violation of the FDCPA. This includes filing complaints with the Federal Trade Commission ( FTC ), the Consumer Financial Protection Bureau ( CFPB ), and the XXXX  Attorney Generals Office. Further, I will seek compensation for all actual damages, attorneys fees, and statutory damages in a court of law. 

Your non-compliance will also result in a demand to immediately remove any negative reporting from my credit reports. 

Thank you for your prompt attention to this matter. I expect a full and proper response in compliance with federal law within the specified time frame. Failure to do so will leave me no choice but to pursue all available legal remedies.