Consumer complaint received 2024-08-06
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P. (MI)

Closed Dispute Case Number : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XX/XX/2024 LVNV FUNDING LLC XXXX XXXX XXXX XXXX, SC XXXX ( XXXX ) XXXX Subject : Dispute of Inaccurate Credit Report Information and Cease and Desist Notice To Whom It May Concern, I am writing to dispute inaccurate information on my credit report under my legal rights granted by the Fair Credit Reporting Act ( FCRA ). Upon reviewing my credit report, I found that an account is being inaccurately reported as both a charge-off and a collection account. This dual reporting is erroneous and misleading, and I request immediate correction of this inaccurate information. 

Account Information - Account Number : [ XXXX ] - Creditor : [ LVNV FUNDING LLC ] According to 15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ), a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Additionally, per 15 U.S. Code 1681s2 ( a ) ( 1 ) ( B ), a person shall not furnish information to a consumer reporting agency if they have been notified by the consumer that specific information is inaccurate, and the information is, in fact, inaccurate.

Furthermore, 15 U.S. Code 1681s2 ( b ) outlines the duty of furnishers of information upon notice of a dispute. This section requires that furnishers conduct an investigation with respect to the disputed information, review all relevant information provided by the consumer reporting agency, and report the results of the investigation to the consumer reporting agency. If the investigation finds the information to be inaccurate, the furnisher must notify all consumer reporting agencies to which the information was furnished and provide any corrections. 

Additionally, under 15 U.S. Code 1681c ( a ) ( 4 ), there is a provision for a cease and desist order. I am hereby requesting a cease and desist on reporting this inaccurate information until this matter is fully resolved.

According to 15 U.S. Code 1692g, within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector must send the consumer a written notice containing specific information about the debt. I have not received the required disclosures within this five-day timeframe for the account in question, which is another violation of the FCRA and the Fair Debt Collection Practices Act ( FDCPA ).

In line with the requirements of the FCRA and FDCPA, I am also requesting the following documents : 1. A copy of the 1099-C form that should have been issued for the charged-off account. 
2. A copy of the Forward Flow Agreement or any contractual agreement between the original creditor and the collection agency that took over the account.

Given these provisions, the inaccurate reporting of the account in question violates the FCRA and FDCPA. I am requesting that you : 1. Conduct a thorough investigation of my dispute.

2. Correct the inaccurate information regarding the above-referenced account.

3. Remove any incorrect references to this account being both a charge-off and a collection.

4. Provide me with a corrected copy of my credit report once the errors have been rectified.

5. Cease and desist reporting this inaccurate information until the investigation is complete and accurate information is confirmed.

6. Provide me with the 1099-C form and the Forward Flow Agreement as stated above.

7. Provide all disclosures required by 15 U.S. Code 1692g regarding the debt within the five-day timeframe from the initial communication.

Please investigate this matter and correct the information within the 30-day period as required by the FCRA. I appreciate your prompt attention to this matter and look forward to receiving your confirmation that these inaccuracies have been corrected. 

Sincerely, XXXX XXXX