Consumer complaint received 2024-12-06 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:
XXXX XXXX [ XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX LVNV FUNDING LLC XXXX XXXX XXXX XXXX, SC XXXX ( XXXX ) XXXX Re : Dispute of Collection Account Reporting Account Number : # 1 [ XXXX ] # 2 [ XXXX ] I am writing to formally dispute the collections account listed on my credit report under your name. The account in question is [ XXXX ], and account # 2 [ XXXX ] and I believe that your reporting is in clear violation of the Fair Credit Reporting Act ( FCRA ) and other consumer protection laws. 

First and foremost, I demand the immediate removal of this account from my credit report. Under the FCRA, I have the right to dispute inaccurate or incomplete information being reported. The following discrepancies are present with your reporting : **Inaccurate Reporting Across Credit Bureaus : LVNV is reporting two separate collection accounts on XXXX and XXXX, but only one collection account on XXXX . This discrepancy is a direct violation of the FCRA 1681e ( b ), which mandates that all information reported to credit bureaus must be accurate and complete. The reporting of inconsistent data across credit bureaus creates confusion and violates my rights under the FCRA. 



***Inaccurate Charge-Off Status and Timing of Collections : The accounts in question were opened in XX/XX/year>, but they are being reported as in collections within 30 days. According to standard industry practices, accounts typically do not enter collections until they are 90-120 days past due. This accelerated reporting is inconsistent with proper debt collection procedures and violates both the FCRA 1681s-2 ( b ) and FDCPA 807 ( 2 ), which prohibit the misrepresentation of debt statuses. This suggests a lack of proper verification and investigation into the accounts status, and I demand that you provide proof of how this account went into collections within such a short time frame. 

***Inaccurate Balance Reporting : The balance you have reported is incorrect. Under FCRA 609 ( a ), I have the right to dispute any inaccurate or incomplete information on my credit report. Your failure to accurately report the balance constitutes a violation of FCRA 1681e ( b ), which requires that all information reported to the credit bureaus be accurate and complete. I require you to provide verification of the amount you are claiming, including a full breakdown of how that balance is calculated. 
Failure to Verify : Under the Fair Debt Collection Practices Act ( FDCPA ), specifically FDCPA 809 ( a ), when a consumer disputes a debt, the debt collector is required to cease collection efforts until the debt is verified. This includes providing the consumer with written verification of the debt, including the amount and the name of the original creditor. You have failed to comply with this requirement by not providing me with adequate verification of the debt. If you are unable to provide verification of the debt, you must cease all collection activities and remove the account from my credit report. 

In addition, I am requesting that you cease all collection activities until this matter is resolved. According to the FDCPA, any action on this account while it is in dispute constitutes harassment and further violates my rights. 

If I do not receive the requested verification within 14 days, I will consider this matter resolved in my favor, and I will proceed with formal complaints to the Federal Trade Commission ( FTC ), and the appropriate state agencies. I will also seek legal recourse for the violations of my consumer rights under the FCRA and FDCPA. 

You are legally required to cease reporting this account as charged off and incorrect if you can not substantiate the balance or provide proper documentation of the charge-off. Should this collection remain on my credit report without proper verification, I will take the necessary legal steps to pursue removal, including seeking damages for any harm caused by your violations. 

I expect your prompt attention to this matter and a resolution that adheres to the law. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation