Consumer complaint received 2025-01-17 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was paid
Company: Resurgent Capital Services L.P.
State: OH

Complaint narrative:
LVNV Funding LLC purchased a charged-off account and is fraudulently trying to collect on a debt that has already been paid off. A charge-off is a certificate of indebtedness which means it was considered income and should not have been on my credit report in the first place. I submitted a 1099c to the IRS which was received and accepted back in XX/XX/XXXX which granted me discharge of the debt in whole. Since the original creditor, XXXX XXXXXXXX XXXX did not bother to sign the letter that they sent to me and take any responsibility for this claim, I can deem their claim fraudulent for a couple of reasons. Reason # 1 ) This is a trust action. By taking my SS # the original creditor was given consent by the beneficiary of the trust to access the trust for payment. Any additional payment is double dipping and illegal. In the original contract it clearly stated that my information would not be shared with any non-affliates. This account has been sold and bought 3 times unlawfully and that I am owed {$1000.00} dollars per each violation of my privacy. Which means not only was I violated under the Privacy Act of XXXX, but also under the terms and conditions which they granted to me at the time of the account being opened for a year and 6 months. That total amount adds up to {$18000.00}. Reason # 2 ) Per public law 73-10 the US Treasury is to handle all public debts due to the eliminating of gold coinage and gold clauses and contracts. Reason # 3 ) They purchased alleged debt which in itself discharged the debt, then they claimed the debt and it became a tax write off for them. Not to mention LVNV is not legally allowed to collect an alleged debt in the state of OHIO, including their third-party debt collection bond. They can not make any claim of equal consideration and thus have zero legitimacy to call for a tender of payment. According to the UCC 8-102 Indorsement means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. Which means my original wet ink signature is worth the value on the form I signed with said initial creditor on the day that I allegedly signed it. It itself became a security and has the same monetary value as written on it as if it were Federal Reserve Notes. My alleged signature paid for the loan received, as proof they bought said debt because it has value. Meaning the form, I allegedly filled out with my signature was redeemed as per UCC 8-102 defined above. Any further attempts to get me to contract with them will be a violation of 18 USC 1341 Frauds and Swindles and will be reported to the authorities. And while we are on the subject of fraud ; I have informed them that they are responsible to provide me with the XXXX number of the debt securities they are profiting from on the primary and secondary markets, so that I may deposit my 80 % of earnings via check to the address that they have on file that you have unlawful obtained and unlawfully attempting to collect from. According to their prospects form, their company agreed that said securities would not be added to the secondary market, which would constitute securities fraud. LVNV along with Resurgent Capital Services continue to trample my right to privacy under the Privacy Act of XXXX. The alleged original contract loan agreement was not or ever was made with LVNV or Resurgent Capital Services. 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

16 CFR 313 Privacy Consumer Financial Information governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure 16 CFR 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). 
( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.

( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.

( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.

( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. 

( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.

The initial contract in question was never agreed or signed upon in any way shape or form with LVNV or Resurgent Capital Services they are exercising gross, fraudulent practices on a major scale. These corporations have even gone as far to send notifications to unmailable address. I do not reside at XXXX XXXX XXXX. Now that I have made me concerns known here, I will be taking my complaint to the FTC now.

Company response to consumer: Closed with explanation