Consumer complaint received 2024-09-26
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (TX)

I am writing in response to a recent communication from your agency regarding an alleged debt you claim I owe. Under my rights as a consumer, I am requesting full validation of this debt before I consider any payment or acknowledge its legitimacy. According to federal law, the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692g, I am entitled to request and receive verification of any debt you claim, including all necessary documentation proving your legal right to collect it.

Request for Validation As per 15 U.S.C. 1692g ( b ), I hereby request that you provide the following information to validate the debt : Proof of the Original Creditor : Please provide the full name and contact information of the original creditor, along with any documentation that shows how and when this debt was incurred.

Itemized Accounting of the Alleged Debt : I request a detailed accounting that breaks down the principal, interest, fees, and other charges that comprise the total amount you claim I owe.

Proof of Assignment or Sale of Debt : As required under UCC Article 9 and 15 U.S.C. 1692g, I demand you provide proper evidence that you are the legal owner of this debt or have been assigned the rights to collect it. This includes : A copy of the assignment or transfer agreement from the original creditor to your agency.

Documentation proving that you are legally entitled to collect the debt, as outlined in UCC 9-406 and UCC 9-408 , which govern the assignment and enforcement of security interests.

Letter of Assignment : In line with 15 U.S.C. 1692g and UCC Article 9, provide a signed letter from the original creditor stating that the debt has been legally transferred to you and that you are now the legal entity authorized to collect this debt.

Chain of Custody for Debt Ownership : If the debt has been transferred between different agencies or buyers, please provide a complete chain of ownership showing all assignments of the debt from the original creditor to your agency.

Proof of My Liability : Provide documentation bearing my signature or other evidence showing that I agreed to the debt, as well as any documents proving that the amount you claim is accurate.

Dispute of Debt Under 15 U.S.C. 1692g ( c ), until such time as the requested validation is provided, I am disputing this debt in its entirety. Any attempt to collect the debt, report it to credit bureaus, or take legal action without proper validation will be considered a violation of my rights under both the FDCPA and the Uniform Commercial Code.

UCC Compliance In addition to the requirements of the FDCPA, I remind you that under UCC Article 9, any party claiming an interest in a debt must provide proof of that interest. If you are unable to produce documentation proving that you are the lawful assignee of the debt or its rightful owner, you are legally prohibited from attempting to collect on this debt, and any such attempts will be considered a violation of my rights under UCC 9-404 and UCC 9-406 .

Cease and Desist All Collection Activity Until you provide the requested validation of this debt, I am requesting that all collection activities cease immediately, including any communication with third parties regarding this matter. Any reporting to credit reporting agencies that results in damage to my credit score during this validation period will also constitute a violation of 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) of the Fair Credit Reporting Act ( FCRA ), which prohibits the reporting of inaccurate or unverified information to credit bureaus.

Timeline for Response Under 15 U.S.C. 1692g ( b ), you are required to cease collection activities until you provide proper validation of the debt. If you are unable to provide such validation within the prescribed time frame, you must delete any references to this debt from my credit report and cease all collection efforts immediately.

Failure to comply with this request may result in a formal complaint to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and legal action for violations of the FDCPA and UCC.

Please send all documents and communications regarding this matter to my mailing address listed above. I request that you respond to this validation request within 30 days of receipt of this letter.