Consumer complaint received 2024-10-19
Product: Debt collection — Credit card debt
Issue: Threatened to contact someone or share information improperly — Contacted you after you asked them to stop
Company: Resurgent Capital Services L.P. (PA)

XX/XX/XXXX Certified Mail # XXXX XXXX XXXX XXXX XXXX LVNV Funding LLC / Resurgent Capital Services Dispute Department Resurgent Capital Services XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Notice Of Default XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, Pennsylvania XXXX Notice OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASSIGNS I have received your fraudulent, unsigned debt collection letter dated XX/XX/XXXX and XX/XX/XXXX regarding the Account/Reference No. : XXXX. You are a third party intervener and are in trespass of the private name XXXX, XXXX XXXX ( creditor ) XXXX XXXXXXXX XXXX XXXX and his private information. A volunteer, stranger, or intermeddler is " one who thrusts himself into a situation on his own initiative, and not one who becomes a party to a transaction upon the urgent petition of a person who is vitally interested, and whose rights would be sacrificed did he not respond to the importunate appeal. " XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Parties may be considered volunteers if, in making a payment, they have no interest of their own to protect, they act without any obligation, legal or moral, and they act without being requested to do so by the person liable on the alleged, original obligation. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). 
LVNV Funding LLC / Resurgent Capital Services, purchased the account referenced above from XXXX XXXX XXXX XXXX or another third party junk debt buyer. Therefore, you are, according to Chief Justice XXXX XXXX of the US Supreme Court, in direct violation of the COURT of COMMON PLEAS OF APPEALS FOR THE SEVENTH CIRCUIT : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and in jeopardy of fraud by mail for attempting to commit felony conversion and attempted theft of Respondent 's property for which restitution will be sought. At this time you have a set forth two ( 2 ) predicators of the three ( 3 ) needed to begin a Racketeering lawsuit against you and other firms listed in the paragraph below.

Also stated : Account/ Reference No. XXXX, SELLER : XXXX XXXX XXXX XXXX XXXX You have placed the above mentioned firm in the untenable position of aiding and abetting your fraud by mail attempt mentioned in the preceding paragraph. I have no contract with you and/or THE ABOVE MENTIONED FIRM.

If you, LVNV Funding LLC / Resurgent Capital Services., have " purchased the account '' prove that you are the HOLDER IN DUE COURSE of the alleged debt by providing, under penalty of perjury, a certified, notarized copy of the alleged, original contract with my wet blue ink signature affixed. I demand to see a certified, notarized copy under penalty of perjury, of the purchase agreement between LVNV Funding LC / Resurgent Capital Services., and the above mentioned creditor.

Unless you are the " HOLDER IN DUE COURSE '' of the alleged original contract/note I do not wish to have any contact with you in the future.

This notice is to inform you that you have no right to contact me on the debt that are allegedly due at my home, my neighbors, my relatives, or my place of employment. To continue to do so upon receipt of this letter will place LVNV Funding LLC / Resurgent Capital Services, DEBT COLLECTOR 'S in direct violation of Federal Law, pursuant to [ 15 USC Section 1692c ( c ), ( e ), & ( g ) et seq. ] the same being violations of [ 18 USC 1512 ( a ), ( b ), ( 2 ), ( 3 ), and Section 1513 ] with fines of {$250000.00} or imprisonment not more than 10 years, or both '', this is a DEMAND NOTICE cease all further communication with me concerning the alleged debt that I have disputed in its entirety UNTIL, OR IF, YOU ANSWER THE QESTIONS PUT FORTH UNDER THE PRE-TRIAL INTERROGATORIES BELOW.

The [ FDCPA ] gives you thirty ( 30 ) days to validate the alleged debt.

Failure to comply with this said Notice shall result in a complaint filed and submitted to the appropriate STATE AND FEDERAL BANKING REGULATORY AGENCIES, and possible legal remedies in an appropriate UNITES STATES DISTRICT COURT.

In addition, PLEASE TAKE NOTICE THAT, I am not waiving my right to dispute the alleged debt asserted herein, but at this time I am under no obligation to respond as a result of LVNV Funding LC / Resurgent Capital Services., DEBT COLECTOR 'S debt and violations of Federal Law.

P R E - T R I A L A D M I S S I O N / I N T E R R O G A T O R I E S / D I S C O V E R Y PURSUANT TO [ FDCPA RULE 17 AND FRCP RULE 34 ], FAILURE TO RESPOND WITHIN THIRTY ( 30 ) DAYS TO EACH NUMBERED ITEM BELOW IS ESTOPPEL. SANCTIONS MAY BE IMPOSED FOR REFUSAL TO ANSWER QUESTIONS OF DISCOVERY You are in receipt Notice under the authority of [ THE FAIR DEBT COLLECTION PRACTICES ACT, FAIR CREDIT REPOTING ACT, 15 USC 1692G AND TRUTH IN LENDING ACT ]. This letter is being sent to you in response to a notice sent to me on XX/XX/XXXX. Be advised that this is not a refusal to pay, but a notice sent pursuant to [ FAIR DEBT COLLECTION PRACTICES ACT ], that your claim is disputed and validation is requested.

This NOT a request for " verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. Validate the alleged debt.

It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. In order that I can make arrangements to pay an obligation which I may owe, please document and validate, under penalty of perjury, the " debt '' by complying in good faith with this request for validation and notice that I dispute part of or all of the alleged ( debt ).

1. Please furnish a notarized, certified copy of the original contract redacting social security number to prevent identity theft and state under penalty of perjury that your client is the HOLDER IN DUE COURSE, of the alleged note/ contract for my own and a judge inspection should there be a trial to contest these matters.

2. Please produce the account and general ledger statement, signed under penalty of perjury, showing the full accounting of the alleged obligation that you are now attempting to collect.

3. Please verify under penalty of perjury by name and address all persons, corporations, associations, or any other parties having an interest in legal proceeding regarding the alleged debt.

4. Please verify under penalty of perjury, that as a debt collector, you have not purchased evidence of alleged debt and are proceeding with collection activity " only '' in the name of the original contacting party.

5. Please verify, under penalty of perjury, that you know and understand that certain clauses in a contract of adhesion, such a s a so-called forum selection clause, a r e unenforceable unless t h e party to whom the contract is extended could have rejected the clause without impunity.

6. Please provide ( a ) : copy of the certified notarized contract made between LVNV Funding LLC / Resurgent Capital Services., and any of the previous alleged holder in due course of the aleged, original contract, validation, signed under penalty of perjury, from the stated creditor XXXX XXXX XXXX XXXX XXXX that you are under contract with them and authorized to act for them and forward a certified, notarized copy of the licenses ' and Bar Card Numbers of any and all Attorney 's involved in this fraudulent action to operate in Pennsylvania ; ( b ) contact information of your hazard/ insurance bond holder to allow me to place a lien against those funds until a court hearing.

7. Please verify, under penalty of perjury, that if you fail to validate the debt in thirty ( 30 ) days and continue your fraudulent actions pertaining to this alleged {$570.00} debt you agree to pay me, by bank check, the amount of {$4000.00}.

8. Please verify, under penalty of perjury, that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the ( debt ) constitutes the use of interstate communications in a scheme of fraud by advancing a writing that you know is false with intention that others rely on the written communication to the detriment of the name XXXX XXXX XXXX. 
Should you REFUSE OR FAIL to comply with the terms of this DISPUTE AND REQUEST FOR VALIDATION and choose to pursue this matter further, you will be doing so to your own detriment. You will be brought into a full scale FEDERAL TRADE COMMISSION " COMPLIANCE '' investigation for your unlawful conduct and fraudulent behavior by the agencies listed below. Al of your fraudulent actions and claims will be brought to light and fines, damages ( treble damages ) and sanctions will be brought to bear against you. 
Summary : [ Section 242 Of Title 18 ] makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States of America.

To wit : " A national Bank can not lend its credit to another by becoming surety, endorser, or guarantor for him, such an act being ultra vires '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
For the purpose of Section 242, acts under color of law include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official 's lawful authority, if the acts are done while the official is purporting to, or pretending to, act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prison guards and other law enforcement officials, as wel as judges, lawyers, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by range of fines up to {$25000.00}, imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Any proceedings on the Above Case including the re-sale of this alleged debt information for the purpose of collection by any other debt collector/company, that are taken without first timely responding to this letter by the party ( s ) will be deemed prima facie evidence of fraud by mail and racketeering against the party ( s ). LVNV Funding LC / Resurgent Capital Services., ET/AL, ORIGINAL CREDITOR : XXXX XXXX XXXX XXXX XXXX XXXX , its agents, assigns, principals, and counsel.

Silence is acquiescence ; acquiescence is estoppels. Disputing your extortion and fraudulent claim of " debt ''. 
XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, the true party in interest. 
XXXX Presented and tendered this, XXXX _ day of XXXX XXXX Under Certified Mail Receipt # XXXX XXXX XXXX XXXX XXXX Respectfully presented " Without prejudice '' U.C.C. 1-308 INDIVIDUAL ACKOWLEDGEMENT STATE OF PENNSYLVANIA XXXX XXXX XXXX CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX LVNV FUNDING LLC/ Resurgent Capital Services XX/XX/XXXX XXXX XXXX XXXX XXXX, SC XXXX Notice Of Default CONTRACTING PARTY : XXXX XXXX XXXX NOTICE OF NO CONTACT CONTRACT COMES NOW, XXXX, XXXX XXXX ( creditor ) dba XXXX XXXX XXXX, for the Estate on behalf of the Interest in " Name '', XXXX XXXX XXXX, or any derivation of the name, as alleged in the written communication dated XX/XX/XXXX and XX/XX/XXXX LVNV FUNDING LLC/ RESURGENT CAPITAL SERVICES are hereby agreeing to continued contractual relations with the above named Party , XXXX XXXX XXXX and agree to a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX per violation including but not limited to resale, assignment, purchase or transfer of interest to any Third Party Debt Collector. Any continued Administration of the Public Estate/Trust Known as XXXX XXXX XXXX will instate Fee 's that will be retroactive from date of commencement, XX/XX/XXXX. 
TERMS, CONDITIONS, AND FULL DISCLOSURE TO AGREEMENT TAKE FURTHER NOTICE THAT, the above Party ( LVNV FUNDING LLC/RESURGENT CAPITAL SERVICES ) being of sound mind do hereby agree to the Fee and Contract with XXXX, XXXX XXXX , for the continuation of any offers. LVNV FUNDING LC and RESURGENT CAPITAL SERVICES having the option of dissolving this Contract without Fee 's upon adequate adherence to the no contact contract. The Fee shall commence retroactively from the date of commencement, XX/XX/XXXX, upon any violation including but not limited to, phone, email, fax, text, or written communication by LVNV FUNDING LLC and RESURGENT CAPITAL SERVICES.

Govern yourself accordingly, Respectfully Served Ach L7.7m Date : XX/XX/XXXX 2023