Consumer complaint received 2025-01-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
Subject : Complaint Regarding False Reporting and Unlawful Collection Actions by XXXXXXXX XXXX  and LVNV Funding Dear Sir/Madam, I am writing to file a formal complaint against XXXXXXXX XXXX and LVNV Funding for their unlawful actions regarding an alleged debt they are reporting to credit bureaus and attempting to collect. I believe these actions are clear violations of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). 

Summary of the Issue 1. Identity Theft Filing Ignored : Recently, I reported to Discover Bank that I was a victim of identity theft regarding a loan they claim I owe. Despite this, they have continued to report the alleged debt to credit bureaus.

2. Debt Sold and Legal Action Initiated : XXXXXXXX XXXX sold this alleged debt to LVNV Funding. To my disbelief, I have received notice that XXXX XXXX is attempting to sue me for this debt that they no longer own, which is both unreasonable and unlawful. 
XXXX. Double Reporting : Both XXXXXXXX XXXX and LVNV Funding are reporting this alleged debt to credit bureaus, which constitutes duplicate reporting. This further damages my creditworthiness and violates the FCRAs provisions. 
XXXX. No Contract or Obligation Exists : I have no knowledge of this debt, have no contractual obligation to XXXXXXXX XXXX or LVNV Funding, and I dispute its validity. 

Violations Cited Fair Credit Reporting Act ( FCRA ) : XXXXXXXX XXXX and LVNV Funding have violated the FCRA by reporting inaccurate and unverified information to credit reporting agencies despite my identity theft claim. 
Fair Debt Collection Practices Act ( FDCPA ) : LVNV Fundings continued collection efforts on a disputed debt and Discover Banks attempt to sue for a debt they sold are violations of the FDCPA, which prohibits unfair, deceptive, or abusive practices. 

Resolution Requested I respectfully request the Consumer Financial Protection Bureau to : 1. XXXX XXXX XXXX and LVNV Funding for these violations. 
2. Require XXXX XXXX and LVNV Funding to immediately cease all collection and reporting activities related to this alleged debt.

3. Ensure the removal of the inaccurate information from my credit reports.

4. Hold both parties accountable for their violations of federal consumer protection laws. 

Please find attached supporting documentation, including identity theft filings, dispute letters, and correspondence with both entities. 

Thank you for your prompt attention to this matter. I trust the CFPB will ensure these companies are held accountable for their unlawful practices. 

am writing to file a formal complaint against XXXXXXXX XXXX regarding its aggressive, unlawful debt collection practices. The following concerns and violations pertain to their actions : 1. Attempting to Collect a Debt They Sold : XXXXXXXX XXXX  is attempting to collect on a debt that has been sold to LVNV Funding, a fact confirmed by its simultaneous reporting on my consumer credit report. This is a violation of consumer protection laws, including but not limited to : 15 U.S.C. 1681s-2, which governs the responsibilities of furnishers of information to consumer reporting agencies.

15 U.S.C. 1681i, concerning the reinvestigation of disputed information in consumer reports.

2. Illegal Civil Suit : XXXXXXXX XXXX has filed a civil suit against me for a debt they have already written off and sold to another entity. This is not only unethical but also a direct violation of : 12 C.F.R. 1006.34 ( c ), requiring clear and accurate information in debt collection disclosures.

12 C.F.R. 1006.6 ( c ), which prohibits unfair or deceptive practices in debt collection.

3. Failure to Issue a 1099-C : Despite writing off the debt, XXXX XXXX has failed to issue the legally required 1099-C form, which further supports the claim that they have relinquished ownership of this debt.

4. Fraudulent Claims Against My Estate : XXXXXXXX XXXX attempts to collect this debt amount to fraud against my estate. The funds originated from my estate, and their actionssuing me for borrowing my own moneyconstitute an egregious violation of federal laws, including : 15 U.S.C. 1666b, addressing billing errors.

15 U.S.C. 1681e ( b ), which mandates accurate reporting standards for consumer credit information. 

XXXX XXXX aggressive and deceptive practices have caused me significant emotional distress, embarrassment, and undue stress. Their actions are in clear violation of my rights as outlined by federal law. 

Requested Resolution : I respectfully request the CFPB to : 1. Investigate XXXXXXXX XXXX illegal collection practices. 
2. Ensure that all collection efforts by XXXXXXXX XXXX are ceased immediately. 
3. Require XXXX XXXX to provide the 1099-C form as mandated by law.

4. Take appropriate action against XXXXXXXX XXXX for violations of federal statutes. 

Thank you for your attention to this urgent matter. I am prepared to pursue legal action if these violations are not addressed promptly. Please help ensure my rights as a consumer are protected. 



XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  High Balance {$15000.00} {$15000.00} {$16000.00} Last Verified XX/XX/XXXX -- -- Date of Last Activity XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date Reported XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date Opened XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Balance Owed {$16000.00} {$16000.00} {$16000.00} Closed Date XX/XX/XXXX -- -- Account Rating Derogatory Derogatory Derogatory Account Description Individual Individual Individual Dispute Status Account not disputed Account not disputed Account disputed Creditor Type Installment Loans Installment Loans All Banks Account Status Closed Closed Closed Payment Status Collection/Chargeoff Collection/Chargeoff Collection/Chargeoff Creditor Remarks Charged off as bad debt Dispute resolved ; reported by grantor Account was in dispute - now resolved - reported by subscriber. 
Unpaid balance reported as a loss by the credit grantor. 
Consumer disputes- reinvestigation in progress Amount in high credit original charge-off amount Original Creditor -- -- -- Payment Amount {$0.00} {$0.00} {$0.00} Last Payment XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Term Length XXXX Month ( s ) XXXX Month ( s ) -- Past Due Amount {$14000.00} {$14000.00} {$14000.00} Account Type Unsecured loan Unsecured loan Payment Frequency Monthly ( every month ) Credit Limit {$0.00} {$0.00} {$0.00} LVNVFUNDG Filters XXXX XXXX Account XXXX XXXX High Balance {$16000.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$16000.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account disputed Creditor Type Factoring Companies Account Status Open Payment Status Late XXXX Days Creditor Remarks Consumer disputes- reinvestigation in progress Collection account Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$16000.00} Account Type Collection Payment Frequency Credit Limit {$0.00}

Company response to consumer: Closed with non-monetary relief