Consumer complaint received 2024-12-17 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Resurgent Capital Services L.P.
State: NC

Complaint narrative:
I have written LVNV FUNDING numerous times to exercise my consumer rights of validating the debt that is being reported and affecting my consumer report. 

Per 15 U.S. Code 1692g - Validation of debts, If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector I am filing a complaint against XXXX & LVNV FUNDING to dispute the validity of the debt that has continuously been attempted to be collected by me. 
I have decided to file a complaint expressing my concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), specifically under USC 1692g, which governs the validation of debts. I am well aware of my rights under the FDCPA, and I assert my right to dispute the validity of the alleged debt and to request the verification of this debt as stipulated in USC 1692g. 

Please consider this letter as a formal dispute and request for validation of the debt. I dispute the debt as follows : LXXXX XXXX XXXX XXXX XXXX REASON : 15 U.S. Code 1692e - False or misleading representation INSTRUCTION : PLEASE REMOVE THIS ACCOUNT FROM MY CREDIT REPORT. YOU ARE VIOLATING 15 U.S. Code 1681e - Compliance procedures Lack of Sufficient Information : Your initial communication this month failed to provide adequate information to enable me to determine the validity of the debt, including the name of the original creditor, the amount owed, and the nature of the debt.

Incomplete or Inaccurate Information : The information provided in your subsequent communications has been inconsistent and incomplete, further hindering my ability to assess the legitimacy of the debt.

Failure to Provide Written Verification : Despite my previous request for written verification of the debt in accordance with USC 1692g, I have yet to receive any documentation confirming the validity of the debt. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. You contacted me by mail, on and identified the alleged debt as being the original creditor.

Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed.

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from.

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?

If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. State the amount of the debt when you obtained it, and when that was.

If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law.

If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.

Tell me when the creditor claims this debt became due and when it became delinquent. Identify the date of the last payment made on this account.

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. Details about your authority to collect this debt.

I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.

If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.

I have asked for this information because I have some questions. I need to hear from you to make an informed decision about your claim that I owe this money. I am open to communicating with you for this purpose. In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion between us. USC 1692g stipulates that, upon the consumer 's written request, the debt collector must provide written verification of the debt, including the name and address of the original creditor and the amount owed. Failure to comply with this requirement is a violation of the FDCPA.

In light of the above, I request that you take the following actions : Cease Collection Activities : Pursuant to USC 1692g, I request that you cease all collection activities until the requested verification of the debt is provided.

Provide Written Verification : Please provide written verification of the debt, including the original creditor 's name and address, the amount owed, and any supporting documentation within 30 days of receiving this letter.

Acknowledge Dispute : Please acknowledge in writing that you have received this dispute letter within five days of receipt. Failure to address this dispute and provide the requested verification within the specified time frame will compel me to report your agency 's actions to the Consumer Financial Protection Bureau ( CFPB ) and seek legal remedies available under the FDCPA. I expect your prompt attention to this matter and a written response within 30 days. You may send all correspondence to the address listed above.

Company response to consumer: Closed with explanation