Consumer complaint received 2025-06-28 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, NY [ XXXX ] ( XXXX : XXXX ) XXXX XX/XX/year> To : LVNV Funding LLC XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX, IL XXXX Phone : XXXX Email : [ XXXX ] ( XXXX : XXXX ) Subject : Formal Debt Dispute and Validation Demand Pursuant to FDCPA, FCRA, TILA, and UCC RE : Alleged Debt Account ( s ) Associated with {$1800.00} Allegedly Purchased from XXXX XXXX  ( XXXX ) To Whom It May Concern : This letter serves as my formal notice of dispute and demand for debt validation regarding the alleged debt currently reported by LVNV Funding LLC and XXXX, and actively pursued by XXXX XXXX under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Truth in Lending Act ( TILA ), and applicable provisions of the Uniform Commercial Code ( UCC ), including 3-501.

1. Dispute of Alleged Debt I dispute in full the validity and ownership of the alleged debt in the amount of {$1800.00}, which is reportedly linked to XXXX WEB ( XXXX ) and allegedly acquired by LVNV Funding LLC, then further transferred to XXXX XXXX XXXX I have never entered into any contractwritten, verbal, or impliedwith any of the aforementioned entities. I demand immediate cessation of all collection activity and removal of this account from all credit reporting agencies unless and until complete validation is provided in accordance with the law.

Furthermore, I did not receive a 1099-C, which is required when a debt is canceled or discharged. This further discredits the claim and supports my assertion that I am not the legal owner of this alleged obligation.

2. History of Dispute & Failure to Respond This debt has been disputed over five ( 5 ) times, and I have submitted affidavits and written requests for verification, none of which were met with any lawful or complete response. The failure to validate this alleged debt constitutes a willful violation of the FDCPA and FCRA. Your continued reporting and attempts at collection, without proper validation, are unlawful and actionable.

3. Demand for Debt Validation Documentation Pursuant to 15 U.S.C. 1692g and other applicable laws, I hereby demand the following documentation and evidence of the debt you allege I owe : A copy of the original contract or promissory note bearing my wet ink signature.

A complete and unbroken chain of title and legal assignment from XXXX to LVNV Funding, and from LVNV Funding to XXXX XXXX XXXX 
A full and detailed accounting and itemization of the debt, including the original balance, all interest, fees, payments, and charges applied. 
Documented proof of considerationevidence that any of the aforementioned entities paid lawful value for this alleged debt. 
Proof that this debt is not time-barred under applicable statutes of limitations. 
Licensure verification showing that your company is authorized to collect debts in my state. 
SEC filings, registration statements, or a prospectus regarding any securitization of the alleged account, if applicable. 

The Following letter was sent to XXXX XXXX via email : ( Kimarley-Asauni : XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX, IL XXXX Phone : XXXX Email : XXXX Subject : Formal Debt Dispute and Validation Demand Pursuant to 15 U.S.C. 1692g To Whom It May Concern, This letter serves as my formal and lawful dispute of the alleged debt you are attempting to collect on behalf of LVNV Funding LLC, with XXXX listed as the original and itemization creditor. 

I hereby demand full validation and verification of this alleged debt pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, Truth in Lending Act ( TILA ), Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Uniform Commercial Code ( UCC ), and other applicable laws, including Executive Orders and the U.S. Constitution.

Dispute and Demand for Verification You are hereby notified that : I do not recognize any obligation to XXXX, LVNV Funding, or XXXX. 

I did not consent to any contract or agreement with any of the aforementioned entities. 

I demand all evidence you rely on for claiming that I owe this debt. This must include, but is not limited to : A copy of the original contract bearing my wet ink signature establishing any alleged obligation. 

Chain of title and chain of custody of the debt, showing clear legal assignment from XXXX to LVNV Funding and to XXXX. 

SEC filings, prospectus, and registration statements related to the securitization of the alleged debt, if applicable. 

A full accounting and itemization of the debt, including principal, interest, fees, and charges. 

Proof of consideration, i.e., evidence that LVNV Funding or XXXX paid any actual money or incurred any loss in acquiring this alleged debt. 

Proof that the alleged debt is not time-barred under applicable statutes of limitations. 

XXXX that you are licensed to collect debts in my state. 

Please note that any reporting of this unverifiable account to any credit reporting agency constitutes a violation of the FCRA, 15 U.S.C. 1681s-2, and I reserve my right to pursue damages under 15 U.S.C. 1681n and 1681o.

Furthermore, I previously informed LVNV Funding and XXXX  in writing and verbally that any and all negative reporting or unauthorized attempts to collect will incur a fee of {$250000.00} per occurrence, which I consider a contractual obligation by estoppel, due to their failure to rebut this notice or cease their actions.

As per UCC 3-501, I formally demand presentment of the original financial instrument ( the note or agreement ) with proof of authority to enforce it.

As you are aware, only the U.S. Treasury can lawfully create money. XXXX, being a private institution, can not lawfully extend credit created from nothing and then claim repayment. This alleged transaction was predicated entirely on my signature and creditworthiness in essence, I was the original creditor, and your client is attempting to unjustly enrich themselves at my expense. 

Until full and complete validation is provided, and the above items are lawfully satisfied, you must cease all collection activity, including calls, letters, or credit reporting, as required by 15 U.S.C. 1692g ( b ).

Failure to comply with this request will result in : A formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ).

Civil claims filed under FCRA, FDCPA, TILA, and relevant state consumer protection statutes.

Initiation of a fee schedule enforcement claim for damages due to willful harm to my financial reputation.

Please send your complete response to the address above within 30 days of receipt of this letter. If you are unable or unwilling to validate this debt in accordance with the law, you must immediately cease all collection efforts and remove any related credit reporting. 

Sincerely, XXXX : Haye All Rights Reserved UCC 1-308 . ) No response has been given/provided 4. Cease and Desist Demand You are hereby instructed to cease and desist from any further contact or collection attemptsincluding calls, letters, emails, and reporting to credit agenciesuntil and unless you comply with the above demands. Continued collection or reporting efforts without compliance shall constitute knowing and willful violations of 15 U.S.C. 1692g ( b ) and 15 U.S.C. 1681s-2 ( b ).

5. Legal Liability and Fee Schedule Enforcement You were previously informed in writing that any continued reporting or collection attempts without validation would trigger a fee of {$250000.00} per occurrence. Your failure to rebut this contractual notice constitutes tacit agreement by estoppel. Continued violations will trigger enforcement proceedings, which may include a claim for monetary damages.

6. Unlawful Nature of Alleged Credit Transaction Under UCC 3-501, I demand presentment of the original financial instrument, and proof of your authority to enforce it.

As a matter of law, only the U.S. Treasury has the authority to issue lawful money. Any alleged transaction based on credit created by a private banksuch as XXXX not a lawful lending transaction, and your claims are based on unjust enrichment derived from my creditworthiness and signature, not actual monetary consideration.

7. Notice of Remedies and Action If you fail to comply with this demand within 30 calendar days from receipt of this letter, I reserve the right to : File formal complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and New York State Attorney Generals Office. 
Initiate civil litigation against LVNV Funding LLC, XXXX, and XXXX XXXX under the FDCPA, FCRA, TILA, anXXXX XXXX XXXX XXXXate consumer protection statutes. 
Initiate fee schedule enforcement claims for every continued act of unauthorized reporting or collection. 

Please address all correspondence regarding this matter to my address below. I expect your full compliance and a complete written response within 30 days. 

Sincerely, XXXX : Haye All Rights Reserved UCC 1-308

Company response to consumer: Closed with non-monetary relief