Consumer complaint received 2024-08-08
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. (NJ)

Resurgent Capital Services, servicer of LVNV Funding LLC, you violated FDCPA 15 USC 1692g Sec. 809 ( a ) by not providing the written notice specified in that section within five ( 5 ) days of your initial communication. I have written Resurgent Capital Services, several times, expressing that I never received the initial validation notice, before account number ending XXXX was placed on my credit report which is required under federal and state laws, you continue to send me a notice from your company dated XX/XX/XXXX this notice was mailed to me months after Resurgent Capital Services, had already placed this account on my credit report dated XXXX of XXXX without validation/verification which is a direct violation of ( FDCPA ) 15 USC 1692g Sec. 809 ( a ) and 12 CFR 1006.34, I discovered this account on my credit report XXXX of XXXX, I wrote a letter to Resurgent Capital Services expressing to them that I noticed an account on my credit report ending in XXXX with your companys name attached to it and I never received the initial validation notice. XX/XX/XXXX, is 2 months and 26 days after you had already reported it on my consumer report, as I requested in my correspondence on XX/XX/XXXX if Resurgent Capital Services mailed me an initial validation notice before XXXX of XXXX giving me a chance to dispute the account before you reported it to the credit reporting agencies please mail it to me. Yet, you continue to mail me a notice that shows you mailed the notice after it was placed on my credit report. Well beyond the legal mandated time frame, see attached notice that you continue to send, correct me if Im wrong isnt that 2 months and 26 days after XX/XX/XXXX. You say you take your customer service and consumer protection obligation very seriously and dedicated significant resources to your compliance. I request for clarification : I request that you provide an explanation of how your actions are in compliance with the ( FDCPA ) 15 USC 1692g Sec. 809 ( a ) and CFR 1006.34 laws, provide evidence that you mailed me the initial validation notice before reporting the account number ending end XXXX on my credit report, before XXXX of XXXX not after. This notice dated XX/XX/XXXX is after you placed this account on my credit report. You used false deceptive and misleading acts to attempt to collect on this alleged debt, which is a violation under 15 USC 1692e, you use unfair and unconscionable acts to attempt to collect on this alleged debt, violation under 15 USC 1692f. To coerce me into paying an alleged debt. 

Also, I requested the purchase agreement, you consistently present me with redacted computer printouts aka bill statements which does not constitute as sufficient validation/verification under the ( FDCPA ), laws a debt collector must provide sufficient documentation to verify the debt, the law says verification means to confirm the truthfulness or validity of something, which means swearing under oath or affidavit signed and sealed by original creditor. The Uniform Commercial Code also states what evidence must be provided to show proof a debt is owed to a third-party debt collector. 

Under the Uniform Commercial Code ( UCC ), negotiable instruments and debt collection, there are specific provisions regarding the proof required for a third party to establish that someone owes a debt. 
1. Transfer of Instruments : o According to UCC 3-203, the transfer of an instrument ( such as a promissory note ) vests in the transferee the rights to enforce the instrument. However, the transferee must provide evidence of the transfer to establish their right to collect the debt. 
2. Proof of Assignment : o UCC 3-309 addresses the enforcement of lost, destroyed, or stolen instruments. A person seeking to enforce such an instrument must prove the terms of the instrument and their right to enforce it. This requires providing a chain of assignments showing how the debt was transferred from the original creditor to the current holder. 
o 3. UCC 1-307 states that a document in due form, such as a bill of lading or a certificate of insurance, is prima facie evidence of its authenticity and the facts stated within it. Which means that third-party documents must be properly authenticated to serve as evidence. 

These provisions ensure that third parties must provide adequate and authenticated documentation to prove that a debt is owed. This includes showing a clear chain of assignments and providing business records or other authenticated documents which includes the purchase agreement. 

You have reported information without validation/verification to the credit reporting agencies that action might constitute fraud and disparagement of credit under both Federal and State Laws. You have not provided a copy of the written agreement that created the original requirement to pay.