Consumer complaint received 2024-12-23 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: GA

Complaint narrative:
NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT I am writing to formally dispute your claim of ownership and collection rights over the debt associated with the account in question. It is my understanding that you claim to currently own this account ; however, it is legally impossible for you to own a debt that the original creditor never properly owned themselves. This raises serious concerns about the validity of your claim. 

To address this matter, I am requesting that you provide the complete chain of title for this account, including but not limited to : Documentation evidencing the transfer of this account from the original creditor to any intermediate parties and subsequently to LVNV Funding, LLC. 

Proof that the original creditor legally owned the account prior to any transfers. 

I would also like to highlight that this debt was initially securitized by XXXX XXXX XXXX XXXXXXXX, into a special-purpose entity ( SPE ) trust. This securitization process effectively transferred ownership of the receivables to the SPE trust, thereby removing it from XXXX XXXX XXXX balance sheet. As a result, XXXX XXXX XXXX no longer retained ownership of the debt, making any subsequent claims of ownership or transfer invalid unless explicitly demonstrated through clear and documented legal processes. 

Without clear evidence that you have a legitimate claim to ownership of this debt, you do not have the legal standing to collect on it or to report it to any consumer reporting agencies. 

Additionally, continued reporting of this debt under your name without proper verification is a direct violation of the Fair Credit Reporting Act ( FCRA ). Reporting inaccurate information undermines the accuracy and integrity of my credit profile, causing unnecessary harm to my financial standing. 

I am formally requesting that you : Immediately provide the complete chain of title and any documentation evidencing your ownership of this account. 

Cease all collection activities related to this account until such documentation is provided. 

Ensure that all references to this debt are removed from my credit reports if you can not provide sufficient evidence of ownership. 

Failure to comply with this request may leave me with no choice but to pursue legal action to protect my rights under the FCRA and any other applicable laws. 

Please confirm in writing within 30 days of receiving this letter that : You have provided the requested documentation. 

You have ceased all collection activities related to this account. 

You have ensured that all inaccurate references to this debt have been removed from my credit reports. 

If you believe this matter requires further clarification or documentation, please contact me in writing at the address provided above. I expect your prompt attention to this matter and resolution in accordance with applicable laws. 

Sincerely, [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation