Consumer complaint received 2024-11-07 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: MA

Complaint narrative:
I have requested the following documents from LVNV Funding LLC to validate a debt they are claiming I owe and prove the complete chain of assignment : 1.Original Agreement or Contract - A copy of the original signed contract or agreement that created the debt that clearly states the terms and conditions under which this debt was incurred including the original terms of the debt, interest rates, repayment schedule, and any fees. The contract should include the signatures from the original creditor and XXXX XXXX to prove agreement to the terms. 
2.Information Regarding Original Creditor : Provide details about the original creditor, including their full name and mailing address to establish the legitimacy of the debt 3.Bill ( s ) of Sale - A copy of the bill of sale for each transfer of the debt from the original creditor to the current creditor, demonstrating the proper legal transfer of ownership at each stage. The bill of sale ( s ) should be notarized and include the signatures of authorized representatives from both the selling and purchasing parties 4.Purchase Agreement ( s ) - Provide a copy of the purchase agreement ( s ) that clearly demonstrate the legal transfer of ownership and collection rights for the debt, trace the chain of assignment, and include essential details about the debt itself. The agreement ( s ) should include the following : a ) Identification of the Parties : Original Creditor ( Seller/Assignor ) : The full name, address, and contact details of the original creditor and ALL the previous owner ( s ) of the debt prior to transfer LVNV Funding LLC Current Creditor ( Buyer/Assignee ) : The full name, address, and contact details of the current creditor, collection agency, or debt buyer who now owns the debt. 
b ) Date of the Agreement - The effective date of the purchase agreement. This is crucial to establish the timeline of when the debt was transferred to LVNV Funding LLC c ) Specific Description of the Debt Being Sold including : Debtor 's Name : The name of the Defendant whose debt has alleged to have been transferred to the Plaintiff. 
Account Number : The original account number associated with the debt. 
Outstanding Balance : The amount of the debt being transferred, including any interest or fees. 
Original Creditor Information : A reference to the original creditor, if applicable, to tie the debt to its original source. 
d ) Chain of Assignment - If the debt has been sold multiple times, the purchase agreement should refer to any and all previous assignments and clearly outline the full chain of custody, ensuring that the debt 's ownership can be traced from the original creditor to the current holder. 
e ) Consideration or Payment Terms : The amount paid for the debt by the current creditor Terms of the Sale : Any specific terms under which the debt was purchased, such as whether the debt was sold as part of a portfolio of accounts or individually. 
f ) Warranties and Representations : Any representations or warranties made by the original creditor regarding the validity of the debt, the balance owed, and the collectability of the debt. This is important because it shows that the seller vouched for the accuracy and legality of the debt at the time of sale and that the debt can be resold. 
" As Is '' Clauses : Some purchase agreements may include an " as is '' clause, indicating that the debt buyer assumes responsibility for the collectability and accuracy of the debt. This may affect the enforceability of the debt if issues arise later. 
g ) Right to Collect/Statement of Assignment of Rights : A clause confirming that the new creditor has been assigned all rights to collect on the debt, pursue legal action, and handle any related claims. This should clearly indicate that the Plaintiff is now legally entitled to enforce the debt. 
h ) Signatures of Both Parties- The purchase agreement ( s ) should be signed by authorized representatives of both the original creditor, all previous owners of the debt and LVNV Funding LLC i ) Attached schedule or list of accounts transferred. 
j ) Miscellaneous Terms ( If Applicable ) Confidentiality Clauses : Some purchase agreements may include confidentiality provisions regarding the terms of the sale. 
Dispute Resolution : Any clauses relating to the resolution of disputes between the buyer and seller concerning the sale of the debt. 
5.Affidavit of Debt Verification - A notarized affidavit from the original creditor or an authorized representative confirming the validity of the debt and the amount owed. Also provide an affidavit signed by a representative of the plaintiff, affirming that the debt has been verified and is accurate. 
6.Proof of Identity - Documentation confirming the defendants identity and their connection to the debt, such as the name, address, and account number ensuring that the debt in question pertains to the correct individual. 
7.Account Statements - Provide an itemized list detailing the principal amount, interest, fees, and any other charges and include ALL the account statements since the inception of the account showing the history of the debt from the original creditor to the present, including any payments made, interest accrued, and fees applied. This should show how the balance claimed was calculated. 
8.Payment History - Provide proof of Transactions with records showing all payments received and credited to the account over time. This helps establish the current balance and verify the accuracy of the debt. 
9.Validation Notice - A copy of any debt validation notice ( s ) that were sent to me, including information provided regarding the original creditor and details about how I could dispute the debt. 
10.Proof of Timeliness - Provide evidence showing that the collection efforts and legal action are within the statute of limitations for debt collection in XXXX specifically documentation demonstrating that this legal action and debt collection efforts are within the statute of limitations for debt collection in XXXX including XXXX a ) demand letters, collection notices, or other communications regarding the debt within the statute of limitations period may help establish timely collection efforts. 
b ) The creditor or debt collector should provide documentation showing the date they filed the lawsuit to ensure that the legal action began before the statute of limitations expired. 
c ) Date of Default or Delinquency - If the debt is in default, the creditor should provide the default date or the date the account became delinquent. 
11.Proof of Licensing : Proof that the LVNV Funding LLC is licensed to collect in XXXX. Include license numbers as a registered agents to ensure that you are legally authorized to pursue collections.

Company response to consumer: Closed with explanation