Consumer complaint received 2025-07-06 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
Resurgent Capital Services , L.P . 
XXXX XXXX XXXX XXXXXXXX, SC XXXX Re : Disputed Account Reference # XXXX | LVNV Account Ending in XXXX To Whom It May Concern, This letter is in response to your communication dated XX/XX/year>XXXX  regarding the above-referenced account. I appreciate your reply, but the information provided remains insufficient and fails to meet the legal standard required to validate this debt under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g and the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681. 

Please consider this a formal dispute of the alleged debt and a request for deletion based on the following points : 1. Lack of Proper Validation : You have not provided a signed contract or application bearing my signature, nor any original itemized statements that prove I authorized or incurred this debt. A generic billing statement and summary from the alleged original creditor is not sufficient proof of ownership or liability under the law.

2. No Proof of Legal Assignment : You declined to provide the Purchase and Sale Agreement, which is critical in proving that LVNV has legal standing to collect this debt. If you can not or will not produce that documentation, you have not proven the debt is valid, and you must remove the account from my credit file.

3. Furnishing Inaccurate Information to Credit Bureaus : Continuing to report a debt that has not been properly validated and is disputed may be a violation of the FCRA. As such, I am demanding that LVNV cease reporting this account to any consumer reporting agency until such time that full validation can be provided.

4. Amount in Dispute and Material Harm : The small dollar amount and the lack of any verified chain of custody suggest this account may have been resold or mishandled. Continuing to report such a low-balance, unverifiable item causes disproportionate and unjustified damage to my credit standing.

5. Cease and Desist : Your letter interprets my previous language as a cease communication request. For clarity : I do not waive my rights to pursue removal of this account. However, I do insist that all future communication be in writing only and that your agents or affiliates do not contact me by phone or through third parties.

Request for Immediate Action : If you can not provide full, legal validation of this alleged debt, including the original signed agreement and full chain of title, I demand that you delete the account ending in XXXX from all credit reporting agencies immediately. Failure to comply may result in formal complaints being filed with the Consumer Financial Protection Bureau, the Federal Trade Commission, and my states Attorney General, and may subject your organization to legal liability under the FCRA and FDCPA. 

( Below I have attached a police report and irs affidavit showing that this was caused by credit fraud and identity theft the company continues to neglect taking this off my report and they have stated this which is against my rights Resurgent has satisfied its obligation to provide all relevant documentation requested by the consumer. Resurgent is not obligated to respond to the consumer 's request for a copy of a purchase and sale agreement and declines to do so I dispute the companys claim that they have satisfied their obligation to provide all relevant documentation and that they are not obligated to respond to the consumers request for a copy of a purchase and sale agreement. This statement is both misleading and legally incorrect.

Under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), I am entitled to receive complete and proper validation of the debt. That includes a full chain of titlei.e., proof that LVNV legally owns the alleged account and has the right to collect and report on it. The purchase and sale agreement ( or relevant sections thereof ) is directly tied to their claim of ownership and thus falls within the scope of reasonable validation.

The companys refusal to provide this documentation means they have not adequately validated the debt, yet they continue to furnish this disputed tradeline to credit bureaus. That is a potential violation of the FCRA, especially when the consumer is actively disputing it. 

I request the CFPB instruct LVNV/Resurgent to : Provide full legal validation, including proof of ownership and account-level documentation, or Immediately delete the account from all consumer reporting agencies due to failure to properly validate. 

The burden of proof is on the furnishernot the consumerto demonstrate that they have a legal right to report and collect on the account. 

Thank you for your continued assistance. 

Please respond within 15 days of receipt of this letter.

Company response to consumer: Closed with explanation