Consumer complaint received 2024-02-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P. (IL)

To LVNV FUNDING LLC : My name is XXXX XXXX, Im writing due to the negative marks youve made on my credit file. I would be willing to accept this debt if it were mine and upon Validation and Proof of Claim but its not mine and theres no way you can validate it. Im sure you are aware of the provisions of the Fair Collection Practices Act ( FDCPA ) so let it be know that I am requesting full validation of this debt, and that there is some contractual obligation which is binding on me to pay it. I request that you stop contacting me or any know contact that you have on file by telephone and restrict your contact to writing only, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, here is a list of the required documentation : Understand I am requesting the purchase agreement as well as other documents listed below Complete payment history, the requirement of which has been established by Spears v Brennan 745 N.E.2d 862 ; XXXX XXXX XXXX XXXX XXXX Please provide verification by line item ( with an explanation of each item such as when the purchase took place, how much was the item, were the goods received, when were the goods received etc. ) for the entire amount you say I owe directly from the Original Creditor. 

Date of Last Activity My full, complete and correct social security number that may help me to identify me as the person you are trying to collect from. 

Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. 

The obligation between you and I that allows you to collet on the alleged debt and any transaction between your company that binds me to an agreement to pay your company any money that you claim I owe. 

Proof of photo identification ( i.e. driver License, state identification card or other government issued identification card ) that was presented to you at the time of incurring this debt. 

Letter of sale or assignment from the original creditor to your company. 
( Agreement with your client that grants you the authority to collect on alleged debt. ) Coppola v Arrow Financial Services, 302CV577, XXXX XXXX XXXX ( XXXX XXXX, XX/XX/XXXX ) - information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phase their request clearly to obtain : the source of a debt and the amount a bad debt buyer paid for plaintiffs debt, how the amount sought was calculated, where at issue a list of reports to consumer agencies, and a documents conferring authority on defendant to collect debt. 

Proof that this debt has not been written off as a tax liability. 

Any other intimate knowledge of the creation of the debt by you, the collection agency. 

Im sure you know, under FDCPA Section 809 ( b ), you are not allowed to pursue collection activity until this debt is validated. You should be made aware that in Boatley v. Diem Corporation, No. XXXX XXXX ( XXXX XXXX XXXX ), the court ruled that reporting a collection account is, indeed considered collection activity. You should also note that this is not a request forPartial Validation but rather its a request for EVERYTHING listed here in order to constitute full and sufficient validation of the debt. 

While I prefer to to litigate, I will use the courts as needed to enforce my rights under the FDCPA and other statutes. I look forward to an uneventful resolution of the matter. 

Please Remove the derogatory marks from my credit file with satisfaction and compensate me accordingly in pursuant to 15 USC 1681 ( A ) ( B ) ( b ) for each inquiry, transaction and report made in regards to this matter and that is a direct violation of federal law. Please correct all inaccuracies promptly and in a lawful manner. This is a copy of the letter I sent to LVNV FUNDING LLC and I did not get a response nor did the issue get resolved.