Consumer complaint received 2020-11-05
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Resurgent Capital Services L.P. (NY)

I am filing a complaint of non-compliance requesting validation, made pursuant to the Fair Debt Collection Practices and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting VALIDATION ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay these companies : 1 ) LVNV Funding LLC ( XXXX XXXX  XXXX ) ACCT # XXXX. I pull my credit report for 1st time on XX/XX/XXXX not nothing that this collection was on my credit report. I found out I have a right as consumer because I didnt even know that this was on my credit report. So, I found a letter that I can use to dispute this collection on the website of FTC. So, I sent them a letter of validation which I mailed certified on XXXX/XXXX/XXXX ( I have attached the letter I sent them. They received it on XX/XX/XXXX and respond back with a letter on XXXX XXXX of verification I didn't ask for verification I ask for " VALIDATION '' XXXXTHE LETTER THEY SENT DOESN'T EVEN SHOW THE CORRECT ACCOUNT NUMBER. I not only wrote them to give me 'VALIDATION '' but the 3 credit bureaus who are breaking laws of the FCRA XXXX I have right to dispute as consumer because what they are reporting showing all kind of different dates and amounts with 3 credit bureaus is harming me financially. the last time they say I made a payment doesn't match anything on my credit reports. ( 1 ) The FCRA which I saw on the FTC and CFPB website says that if my information is being reported inaccurately. This is defamation, financial injury stating the case : US Court of Appeals Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan. I have told the bureaus that LVNV FUNDING is reporting these things incorrectly. 2 ) They are also in violation fail to report a disputed debt to the credit bureaus. Protection under the FCRA SECTION 623 FINE XXXX.. I have a copy of my credit report on XX/XX/XXXX and on XX/XX/XXXX showing they didn't follow the law.. 3 ) If collection Agency doesnt validate a debt and continually to pursue collection activity. The consumer protection afforded by the FDCPA Section 809 ( b ), FTC opinion letter XXXX from XXXX. XXXX {$1000.00}. The Credit Bureaus are also continually refusing to correct information after I have proved them proof of inaccuracies. Which is defamation, willfully injury. FCRA Section 623 CUSHMAN V. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F. 3d 220, XX/XX/XXXX, Filed ( D.C. No.95-cv-01743 ) This month the FTC, and XXXX XXXX XXXX XXXX have announce Nationwide Crackdown on Abusive Debt Collection Companies. This is formal complaint that you have failed to provide me with copies of any viable evidence, bearing my signature to my dispute letter deposited by certified registered mail with USPS. ( have attached certified letters that were sent ). I have maintain careful records and for your benefit, and as a gesture of goodwill final attempt to have you clear up this matter. You have 15 days to cure. How are you guys reporting or verifying these accounts to the CRAs when it lacked underlying documentation. In XXXX, the FTC held that the FCRA barred a debt buyer from " verifying a tradeline disputed by a consumer when it didn't posses the original documents. FTC allegations was that upon receiving a CDV form from a CRA that the debt buyer ( s ) and furnisher ( s ) they can not use the PCM for verification does not constitute an " investigation '' for purpose of section 1681s-2 ( b13 ), when a consumer disputes the accuracy of information reported by debt buyer ( s ) or furnisher ( s ), they should either verify the information with the original documents bearing a signature within the time period set forth in the FCRA or take all necessary steps to deleted the information from the files of all consumer reporting agencies to which the information was reported within 5 business days after receiving the consumer dispute, notify all consumer reporting agencies to which the information has been provided that the information is to be deleted from the file of the consumer who has disputed the account. Consent Decree Order, Section II. Please delete this items from my report immediately.. These accounts have hurt my ability to obtain credit