Consumer complaint received 2024-09-12
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Resurgent Capital Services L.P. (FL)

Dear LVNV Funding, This is my 3rd request for the assignment contract showing that the debt you claim I owe was assigned to you. Despite my previous requests, you have failed to provide the necessary documentation and have only supplied a bill and a letter that you claim was mailed to me. I am writing once again to formally request the required information, as it is my right under the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), and relevant contract law.

Relevant Legal Basis for My Request : 1. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq.

The FDCPA requires debt collectors to provide verification of a debt upon request, which includes evidence that the debt has been assigned to them by the original creditor. According to 809 ( b ), upon receiving my written request for verification, the collector must cease collection of the debt until the requested verification is provided.

2. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

The FCRA governs how debts are reported on consumer credit reports. Specifically, 15 U.S.C. 1681s-2 ( b ) outlines the responsibilities of furnishers of information to investigate and verify the accuracy of the information they provide to credit reporting agencies. Reporting a debt that has not been properly verified or assigned may violate these provisions.

3. Contract Law on Assignment of Debts Under general contract law principles, specifically the Uniform Commercial Code ( UCC ) and Restatement ( Second ) of Contracts, a valid assignment of debt requires clear evidence that the original creditor has transferred its rights and interest in the debt to the assignee ( the debt collector ). The assignment must include identifiable terms, such as the parties involved, the amount of debt, and the effective date of assignment. A mere invoice or letter is insufficient to establish a legal assignment of the right to collect the debt. 
Request for Documentation : I request the following : 1. A copy of the assignment contract or similar documentation that shows the original creditor assigned the debt to the current debt collector.

2. Full verification of the debt as mandated by the FDCPA, including a complete and itemized accounting of the alleged debt amount, the original creditor 's information, and any fees or interest that have accrued.

3. Proof that the letter you claim was mailed to me was actually received by me, including any delivery or signature confirmation.

4. Evidence that the debt collector is authorized to report this debt on my consumer report.

Please note that this is the 3rd time I am requesting this information. Your failure to provide the assignment contract, proof of receipt, or any legitimate evidence of debt assignment suggests non-compliance with the FDCPA, FCRA, and contract law. If you fail to respond to this request within 30 days of receipt of this letter, I will consider any further attempts to collect this debt as a violation of these laws and will pursue all legal remedies available to me, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and other relevant authorities. 
Thank you for your immediate attention to this matter. I look forward to your prompt response. 
Sincerely, XXXX XXXX