Consumer complaint received 2024-10-22
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (NJ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Resurgent Capital Services L.P . 
Attention : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : Response to Your Correspondence Dated XX/XX/year> RE : CFPB Case # XXXX Account Number : XXXX Original Creditor : XXXX Current Owner : LVNV Funding LLC XXXX Resurgent Capital Services L.P . 
Reference Number : XXXX Dear XXXX, Thank you for your letter dated XX/XX/year>, in response to the Consumer Financial Protection Bureau ( CFPB ) inquiry regarding the above referenced account. However, after reviewing your response, I believe that several issues remain unresolved, and there are significant violations of U.S. consumer protection laws that need to be addressed.

1. Incomplete Debt Validation Under the FDCPA While you have provided an account summary, this does not constitute full debt validation as required under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g. Under the FDCPA, I am entitled to detailed proof of the validity of the debt, which includes : A complete itemization of the balance, including all fees and interest charges that were added after the account was charged off by XXXX. 
Documentation proving LVNV Funding LLC / Resurgent Capital Services L.P. right to collect this debt, which must include the chain of title showing the assignment from XXXX to LVNV Funding LLC./ Resurgent Capital Services L.P . Your refusal to provide the purchase and sale agreement raises concerns about the legitimacy of this collection activity. According to FDCPA, I am entitled to sufficient documentation to verify that you have the legal authority to collect on this debt, and withholding such information may constitute a violation.

2. Fair Credit Reporting Act ( FCRA ) Violations In your response, you state that the debt is being reported to the credit bureaus and that a dispute has been submitted. However, the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( b ) mandates that furnishers of credit information must thoroughly investigate disputes and ensure accurate reporting. 
You claim to be reporting the account accurately, yet this has not been demonstrated with any supporting evidence. I formally dispute the accuracy of this reporting and require that you : Provide a breakdown of how the amount being reported to the credit bureaus was calculated. 
Temporarily cease all credit reporting on this account until proper validation is completed. Failure to pause reporting without validation XXXX result in inaccurate or misleading information being reflected in my credit report, which is a direct violation of the FCRA. 
Moreover, any failure to update the credit bureaus with the results of your investigation could lead to further FCRA violations, and I reserve my right to dispute these issues directly with the credit bureaus if not addressed properly. 
XXXX. Deceptive Collection Practices Under FDCPA ( Misrepresentation of Rights ) You assert that you are under no obligation to provide a copy of the purchase and sale agreement. This response could be seen as misleading and a violation of 15 U.S.C. 1692e, which prohibits any false or misleading representations in debt collection. Debt collectors must provide consumers with clear, accurate, and transparent information regarding the nature of the debt and the debt collectors authority to collect it. By refusing to provide sufficient documentation to validate the debt, you may be engaging in deceptive practices. 
Additionally, 15 U.S.C. 1692g requires you to provide all necessary information to confirm the legitimacy of the debt upon request. Simply declining to provide crucial documents, such as the chain of title, may amount to a failure to verify the debt in compliance with federal law.

4. Inaccurate Statement Regarding Statute of Limitations You have stated that the debt is still within the applicable statute of limitations but failed to provide any specific details regarding the legal jurisdiction or the statute being referenced. Under the FDCPA and state laws, creditors and debt collectors are required to inform consumers of the relevant statute of limitations, as it directly affects the enforceability of the debt.

Without clarity on the applicable jurisdiction, it is impossible to assess whether your statement regarding the statute of limitations is accurate. A failure to disclose critical information regarding the time-barred status of a debt may violate federal and state consumer protection laws. 
XXXX. Possible Violation of Unfair or Deceptive Acts or Practices ( UDAP/UDAAP ) The refusal to provide critical information, paired with the vague claims of compliance with state and federal laws, could rise to a level of Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) under the XXXX XXXX XXXX Reform and Consumer Protection Act, 12 U.S.C. 5531 and 5536. Deceptive practices in debt collection can cause financial harm to consumers and expose businesses to enforcement actions. 
XXXX. Consumer Complaint Resolution and Further Actions As a consumer, I have the right to request full documentation that validates the debt, including a breakdown of charges and fees, the legal basis for collection, and proof of the debt 's legitimacy. If Resurgent Capital Services fails to provide this information within 30 days, I will have no choice but to file additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the XXXX XXXX XXXX attorney generals office for further investigation. 
Conclusion I expect you to provide the requested documentation and clarification within 30 days of receipt of this letter. If you are unable to provide this, I request that you cease all collection efforts and update the credit reporting agencies to reflect the dispute and inaccuracies. Your refusal to comply with these lawful requests will be seen as a violation of consumer protection laws, and I will take further legal action to enforce my rights. 
Please direct all future communications regarding this matter to me in writing at the address provided. I request that you refrain from contacting me by phone in accordance with my rights under the FDCPA. 
Thank you for your attention to this matter. 
Sincerely, XXXX XXXX