Consumer complaint received 2024-05-18
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (NC)

I wrote to this agency on XX/XX/XXXX asking for the details of the alleged debt. I disputed it with them at the time and asked that they cease and desist with contacting me unless they could provide this information. They were given 30 days legally to respond to my inquiry. They did not respond until XX/XX/XXXX, when they had already contacted the credit bureaus and illegally had this information inserted onto my personal credit report. In the documentation they did send, it is clear that I made no contract with them, nor did the financially responsible entity. Further, their license cited licensing in XXXX XXXX and not XXXX XXXX 

They forwarded a copy of what is alleged to be the original contract between XXXX XXXX and XXXX XXXX XXXX. At every incidence where a signature was required, it was made clear by the dealer and the agent XXXX XXXX that the principle in this particular transaction was solely XXXX XXXX. It was the entitys creditworthiness that was assessed, and their its XXXX  that was utilized to do so. XXXX XXXX was not an owner of XXXX XXXX XXXX and was clearly functioned as an agent as evidenced by the documents contained herein. He writes XXXX XXXX XXXX by XXXX XXXX. This understanding was made clear and follows from XXXX XXXX XXXX, XXXX XXXX ( b ) ( XXXX ). In such instances the corporation is liable and not XXXX XXXX. 

For your records, UCC, Section 3-402 ( b ) ( 1 ) reads : 3-402. SIGNATURE BY REPRESENTATIVE. 
( a ) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the " authorized signature of the represented person '' and the represented person is liable on the instrument, whether or not identified in the instrument. 
( b ) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply : ( XXXX ) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument. 

Again to be clear, it was made clear that during this transaction, the dealership and XXXX  were under the legal understanding that they were entering into contracts with XXXX XXXX XXXX as the principal and XXXX XXXX was merely an agent/representative. Since this time, Resurgent Capital Services operating under the trade name LVNV Funding LLC has seemingly purchased what they believed to be a legitimate debt and placed it for collections, defaming my personal name with all three credit bureaus. I have neither entered into any contract with these individuals, nor entities. I have never agreed to pay them any amount. They have utilized skip tracing in order to harass me at my place of residence, as this is, nor has it ever been a place of contact for XXXX XXXX XXXX. They have injured me, and I am requesting legal action be taken to restore not only my creditworthiness, but my good name with merchants in the marketplace.