Consumer complaint received 2024-07-27
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)

XXXX XXXX XXXX XXXX XXXX XXXX, Mi XXXX XXXX XXXX XX/XX/24 LVNV FUNDING LLC XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  To Whom It May Concern, I am writing to formally request the immediate deletion of the above-referenced account from my credit report. This request is made based on the following grounds : Violation of the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Bureau ( CFPB ) Regulations 1. Lack of Validation : Under 12 CFR 1006.34 ( b ) ( 5 ), the collection agency has failed to provide the necessary validation information for this account. Despite this, a collection has been placed on my consumer report without proper validation.

2. Right to Dispute : I have not been given the opportunity to dispute this account as required by 12 CFR 1006.34 ( c ) ( 4 ). This is a clear violation of my consumer rights, as I have not received the appropriate notice or opportunity to challenge the validity of this debt. 
3. Misrepresentation and Deceptive Practices : The collection agency is in violation of my consumer rights by using false, misleading, and deceptive means in its collection practices. Such actions are in direct contravention of federal regulations designed to protect consumers.

4. Furnishing Information to Consumer Reporting Agencies : The collection agency has no authority to furnish any account information to consumer reporting agencies without providing all required disclosures as stipulated by law. This is a violation of 12 CFR 1006.34 ( d ) and 15 USC 1681s-2 ( a ) ( 7 ).

IRS Grounds for Deletion Based on 1099-C The account in question is listed as Charge Off. According to IRS guidelines, a creditor that issues a 1099-C form is declaring that the debt has been canceled and reported as income. Consequently, the debt can not be simultaneously reported as both income and an outstanding debt. This contradictory reporting is impermissible, as the account status of Charge Off indicates that the debt has been written off and should no longer be reported as owed. Additionally : A debt buyer can not claim a debt is owed without a valid contract with the consumer and without the consumers knowledge of said claim or fee.

The IRS 1099-C form indicates the cancellation of debt, which negates any further claims of the debt being owed.

Additional Legal Violations 1. Accuracy of Information : According to 15 U.S.C 1681e, Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. The inaccuracies in the report regarding this account violate this statute.

2. Integrity and Accuracy : Per 12 CFR Part 1022 ( Regulation V ), furnishers are required to : Furnish information concerning accounts or other relationships with a consumer that has integrity.

Furnish information about accounts or other relationships with a consumer that is accurate.

Conduct reasonable investigations of consumer disputes. 
XXXX. XXXX XXXX Compliance Standards : According to the Consumer Reporting Resource Guide ( XXXX ), in order to make a lawful report, you must follow the XXXX XXXX compliance standards. The reporting in this case does not meet these standards, further invalidating the reported debt. 

Violation of Forward Flow Agreement Furthermore, there has been a violation of the Forward Flow Agreement between the original creditor, the collection agency, and myself as it relates to the FCRA due to the non-disclosure of documents to me. Specifically, I request the following : 1. Validation of Debt : Proof that the debt belongs to me, including a complete account history and documentation.

The name and address of the original creditor.

2. Forward Flow Agreement : A copy of the forward flow agreement between your agency and the original creditor that details the transfer of this debt to your agency. 

Given these substantial legal grounds, I demand the immediate removal of this account from my credit report. Failure to comply with this request XXXX result in further legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursuing remedies under the Fair Credit Reporting Act ( FCRA ). 

Please confirm in writing that this account has been deleted from my credit report within 30 days of receipt of this letter. Your prompt attention to this matter is appreciated. 

Sincerely, XXXX XXXX