Consumer complaint received 2024-02-18
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (MA)

Collection Agency has not provided validation Information under 12 CFR 1006.34 ( b ) ( 5 ) but yet they placed a collection on your consumer report. 


I need your company to find me the alleged contract with my signature with the original creditor of the original purchase that involves this alleged debt. 

LVNV FUNDING LLC {$3900.00} Verification if this debt has been assigned or sold to a debt collector. 

If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. 

If this debt has been sold to a debt collector, please provide the price for which it was sold. 

If you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter? Are you committing mail fraud? 

It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. 

The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. 

You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period. 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character, Bank Fraud, Aggravated Identity Theft and Conspiracy. 

I am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies. 

All communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

You must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable. 

This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227. 
NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.