Consumer complaint received 2025-03-27 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
To Whom It May Concern, I am filing a formal complaint against XXXX XXXX  ( located at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and Resurgent Capital, which hired XXXX XXXX for the repossession of my vehicle. The handling of this repossession was conducted without proper notice, resulted in significant vehicle damage, and lacked transparency regarding fees and documentation. These actions have caused undue financial and personal hardship and may constitute violations of federal and state laws, including the Servicemembers Civil Relief Act ( SCRA ), Fair Debt Collection Practices Act ( FDCPA ), Federal Trade Commission ( FTC ) regulations, and Florida consumer protection laws. 

Details of the Complaint On XX/XX/year>, my vehicle was repossessed by XXXX XXXX, and by the morning of XX/XX/year>, it was no longer at its original location, indicating it was removed overnight. This repossession was conducted without prior notice, warning, or an opportunity to address any outstanding disputes, which is a violation of SCRA Section 303 that protects service members from repossession without a court order if they are actively serving. Resurgent Capital, as the entity responsible for initiating the repossession, failed to follow due process and ensure compliance with legal protections afforded to service members. 

After retrieving my vehicle, I discovered significant damage that was not present before the repossession. When I requested photographic evidence or documentation of my vehicles condition before, during, and after the tow, both XXXX XXXX and Resurgent Capital refused to provide any such records. This refusal violates FDCPA Section 809, which mandates that debt collectors provide clear verification and records upon request. Furthermore, under Florida Statutes Chapter 715.10, businesses that handle personal property must document and notify the owner of any damages incurred while in their possession. 

In addition to the damage, I was forced to pay for my vehicles release from the storage facility where it was held. However, I am now being charged additional unjustified fees for parking, storage, and other costs despite the lack of transparency regarding the repossession and damages. These excessive fees, combined with the refusal to provide documentation, demonstrate a pattern of unfair and deceptive business practices, which violate FTC guidelines and XXXX XXXX XXXX XXXX XXXX XXXX  ) Code of Business Practices. 

Resolution Requested Given the numerous legal violations and financial burden caused by these actions, I am formally requesting the following corrective measures : Full refund of all towing, parking, storage, and additional fees, as they were unfairly imposed and lack proper documentation. 

Immediate dismissal of any outstanding debts related to the vehicle from this date forward, including all fees associated with the repossession. 

Full compensation for the damages sustained to my vehicle while in the possession of XXXX XXXX. 

Provision of all requested documentation, including photographs, reports, and records related to the repossession process. 

A detailed explanation of the repossession process and confirmation of compliance with XXXX, FDCPA, and Florida statutes. 

A formal investigation into the conduct of XXXX XXXX and Resurgent Capital regarding their deceptive and non-compliant practices. 

Summary for XXXX Resurgent Capital hired XXXX XXXX to repossess my vehicle without following the legal procedures required under SCRA, FDCPA, and Florida law. I was not notified, denied documentation, and my car was damaged while in their possession. Now, I am being unfairly charged additional fees without any proof of legitimacy. I am seeking a refund of all fees, dismissal of any remaining debt, full compensation for damages, and access to all records related to this repossession. These companies should be held accountable for their unlawful and unethical actions. 

I appreciate the CFPBs prompt attention to this complaint and request a thorough investigation into the matter.

Company response to consumer: Closed with explanation