Consumer complaint received 2024-11-08 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
RE : Dispute and Debt Validation Request Account Number : XXXX Account Number : XXXX To Whom It May Concern, I am writing regarding the collection accounts referenced above, reported by LVNV Funding LLC on my credit report. I am formally disputing the validity of these debts and requesting verification and validation under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). I also request the immediate removal of these accounts from my credit reports with all major credit bureaus, including XXXX, XXXX, and XXXX, until verification has been provided. 

Legal Justification for Request : 1. Verification and Validation Requirements Under 15 USC 1692g : Under the FDCPA, 15 USC 1692g, LVNV Funding LLC is required to provide verification of any alleged debt. This verification must include proof that LVNV Funding LLC owns the debt and has a legal right to collect it. I am requesting that you provide : A complete validation of the debt amount and proof of your legal authority to collect on this debt. 
Documentation bearing my signature, showing that I am liable for the debt. 
Court precedents such as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), establish that failure to validate a debt upon request can lead to the debt being deemed invalid. 

2. Duty of Furnishers of Information Under 15 USC 1681s-2 : According to 15 USC 1681s-2 , LVNV Funding LLC has a duty to provide accurate information to the credit bureaus. If you can not substantiate the validity of these accounts, the continued reporting of these items may constitute a violation of federal law. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) states that reporting unverifiable information is actionable. 

3. Dispute Investigation Requirements Under 15 USC 1681i : As I am disputing the accuracy of this information, you must conduct a complete investigation of these accounts as per 15 USC 1681i. Failure to investigate properly, as outlined in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX may also result in removal of the disputed information.

4. Blocking Information Due to Identity Theft Under 15 USC 1681c-2 : In the event that these debts were reported without my knowledge, I request that any fraudulent or inaccurate information be blocked, as provided under 15 USC 1681c-2 . 

Request for Specific Documentation : 1. A complete validation of both accounts, including the original signed agreement.

2. Proof that LVNV Funding LLC is the assignee of these debts and has the legal authority to collect.

3. Any assignment contract and account-level documentation that verifies the debt amount, original creditor details, and all transactions.

Action Requested : If LVNV Funding LLC can not fully validate the above information within 30 days, I request the immediate removal of these accounts from all credit reporting agencies. Please also provide written confirmation that the accounts have been removed, as required by law. 

Thank you for your immediate attention to this matter. Please reply to my address above or email within the legal timeframe. Failure to provide the requested documentation may result in further legal action to protect my rights under the FDCPA and FCRA. 

Sincerely,

Company response to consumer: Closed with explanation