Consumer complaint received 2024-08-08
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P. (GA)

I am writing to formally request a reinvestigation of the collection account reported by LVNV Funding LLC on my credit report. According to the Fair Credit Reporting Act ( FCRA ) Section 611, if the information on my credit report can not be verified, it must be deleted promptly. Therefore, I am writing to formally request a reinvestigation of the collection account reported by LVNV Funding LLC on my credit report. Background : On XX/XX/XXXX, I filed a dispute with the Consumer Financial Protection Bureau ( CFPB ) regarding the accuracy of this account. LVNV Funding LLC has failed to provide adequate documentation to verify the debt as required under the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g ( b ). Specifically, they did not provide any Assignment Transfer or contractual evidence to prove their legal ownership of the debt. According to LVNV Funding LLC, the account in question originated on XX/XX/XXXX, with XXXX XXXX XXXX and was allegedly opened with XXXX. The account was charged off on XX/XX/XXXX, with a balance of {$1400.00}. LVNV Funding LLC acquired the account on XX/XX/XXXX, and claims ownership and the right to collect and report on this debt. Dispute of XXXX as Creditor : I dispute that XXXX was my creditor, and I never signed any contractual agreement with XXXX. LVNV Funding LLC has failed to provide any contractual agreement that proves XXXX  was indeed my creditor or that I am legally obligated to pay this debt. Without this proof, the validity of the account is highly questionable. Ownership and Validation : LVNV Funding LLC has not provided sufficient documentation, including the Assignment Transfer, that legally proves they are the rightful owner of the debt. This is in violation of FDCPA 15 U.S.C. 1692g ( b ), which mandates the debt collector to provide proper validation of the debt upon request. Charge-off and Reporting : The account was charged off on XX/XX/XXXX. According to LVNV Funding LLC, charging off an account does not relieve the consumer of the debt. However, this does not give LVNV Funding LLC the automatic right to report this account to credit bureaus without proper validation. The accuracy and legitimacy of the reporting are now in question due to the lack of provided documentation. First Communication : LVNV Funding LLC acknowledged that my inquiry on XX/XX/XXXX, was the first communication they received regarding this account. Despite this, they have reported this account to the credit bureaus without sufficient proof of ownership and validation of the debt, which is a violation of the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( b ), requiring accurate and complete reporting. Request for Reinvestigation : Under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i, I am entitled to a reinvestigation of the accuracy of the information provided by LVNV Funding LLC. I request that you : Reinvestigate the accuracy of this collection account. Verify that LVNV Funding LLC has provided the legally required documentation, including a valid contractual agreement with XXXX  and the Assignment Transfer, that validates their ownership of the debt. Remove this collection account from my credit report if LVNV Funding LLC can not provide the necessary documentation. Supporting Statutes : FDCPA 15 U.S.C. 1692g ( b ) : Requires debt collectors to provide verification of the debt upon request. FCRA 15 U.S.C. 1681i : Mandates a reinvestigation of disputed information in a consumers credit report if the accuracy of the information is questioned. FCRA 15 U.S.C. 1681s-2 ( b ) : Requires that furnishers of information to credit reporting agencies ensure that the information provided is accurate and complete. Please provide me with the results of your reinvestigation within the legally required timeframe. If LVNV Funding LLC can not validate this debt, I expect this account to be removed from my credit report immediately.