Consumer complaint received 2024-11-17 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: MI

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Compliance Address Compliance XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX Toll Free Phone XXXX Friday XXXX XXXX Re : Formal Debt Verification Request under XXXX U.S.C. 1692g and UCC 9-208 Dear Sir or Madam, I am writing to formally dispute the alleged debt associated with Reference Number : XXXX, which you claim is owed to your organization. Pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g ( b ), and the Uniform Commercial Code ( UCC ) 9-208, I demand verification and validation of this debt. Until proper verification is provided, you are prohibited from engaging in further collection activities or reporting this alleged debt to any consumer reporting agencies. Fair Debt Collection Practices Act Requirements ( 15 U.S.C. 1692g ) Under
the FDCPA, I have the right to request that you validate the debt, including but not limited to : 1. Verification of the Amount of the Debt : Provide a detailed breakdown of the amount claimed, including interest, fees, or other charges.

2. Proof of Ownership and Authority to Collect : Submit evidence demonstrating your legal right to collect this alleged debt, including a valid assignment or proof of ownership.

3. Original Creditor Information : Identify the original creditor and provide documents substantiating the nature and legitimacy of the debt. 

Failure to provide these details violates the FDCPA, as established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). In that case, the court affirmed that consumers have the right to dispute debts and demand documentation before being subjected to collection activities. 

Uniform Commercial Code ( UCC ) 9-208 Requirements As the purported secured party, you must provide a record authenticating your claim under the UCC. Specifically : 1. Proof of Assignment or Transfer : Submit documentation evidencing the chain of title from the original creditor to LVNV Funding, LLC.

2. Valid Security Interest : If applicable, provide proof that a valid and perfected security interest exists in relation to this alleged debt. 

The UCC emphasizes the importance of ensuring the legitimacy of a debt claim before enforcing collection. Failure to provide this information could render your actions legally void and subject to sanctions.

Consumer Rights and Legal Consequences I remind you that continued collection efforts without proper validation constitute a violation of both federal and state consumer protection laws. Furthermore, reporting unverifiable debts to credit reporting agencies constitutes a violation of the Fair Credit Reporting Act ( FCRA ). I reserve the right to pursue legal action, including statutory damages, attorney fees, and injunctive relief, as recognized in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). 

Demand for Documentation and Affidavit To substantiate your claim, I demand that you provide : XXXX. A copy of the original signed contract or agreement that allegedly created this debt. 
XXXX. A complete chain of title showing all assignments or transfers of ownership. 
XXXX. The name and address of the original creditor. 
XXXX. A sworn affidavit under penalty of perjury affirming that LVNV Funding, XXXX has legal rights to enforce this alleged debt. 

Deadline for Compliance You are hereby notified that you have 30 days from the date of this letter to provide the requested documentation. Any further collection activity in the absence of verification will be considered a violation of federal and state laws, and I will take all necessary legal action to protect my rights. 

This letter constitutes formal notice under the FDCPA and XXXX. It is not an acknowledgment of liability for this debt, and I reserve all rights under applicable law. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation