Consumer complaint received 2024-11-12 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: AR

Complaint narrative:
this debt was included on my bankruptcy case and this company filed to present a XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, DE XXXXNotice Recipients District/Off : XXXX XXXX XXXX XXXX  Date Created : XXXX : XXXX Form ID : XXXX Total : XXXX Recipients of Notice of Electronic Filing : XXXX U.S. Trustee ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TOTAL : XXXX Recipients submitted to the XXXX XXXX XXXX XXXX XXXX XXXX  : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AR XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX XXXX XXXX XXXX XXXX as agent for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX as agent for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX : Claims Dept. XXXX XXXX XXXX XXXX XXXX, PA XXXX TOTAL : XXXX Form XXXX ( XX/XX/XXXX ) EXPLANATION OF BANKRUPTCY DISCHARGE IN A XXXX  XXXX CASE This court order grants a discharge to the person named as the debtor after the debtor has completed allpayments under the XXXX  XXXX plan. It is not a dismissal of the case.Collection of Discharged Debts ProhibitedThe discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, acreditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wagesor other property, or to take any other action to collect a discharged debt from the debtor. [ In a case involvingcommunity property : There are also special rules that protect certain community property owned by the debtor'sspouse, even if that spouse did not file a bankruptcy case. ] A creditor who violates this order can be required to paydamages and attorney 's fees to the debtor.However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, againstthe debtor 's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, adebtor may voluntarily pay any debt that has been discharged.Debts That are DischargedThe XXXX  XXXX discharge order eliminates a debtor 's legal obligation to pay a debt that is discharged. XXXX XXXX ( Form XXXX ) ( XX/XX/XXXX ) United States Bankruptcy XXXX XXXX of XXXX No. XXXX XXXX In re Debtor ( XXXX ) ( name ( XXXX ) used by the debtor ( XXXX ) in the last 8 years, including married, maiden, trade, and address ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AR XXXXSocial Security / Individual Taxpayer ID No. : XXXX Tax ID / Other nos. : DISCHARGE OF DEBTOR AFTER COMPLETION OF XXXX  XXXX PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED : The debtor is granted a discharge under section 1328 ( a ) of title 11, United States Code, ( the Bankruptcy Code ). 
BY THE COURT Dated : XX/XX/XXXX United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. 
XXXX complaintClosedSubmittedStatusSubmitted to the CFPB on XXXX collectionIssueFalse statements or representationWe received your complaint. Thank you.We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; orSend your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; orLet you know if we need more information to continue our work.YOUR COMPLAINTCredit card protection safeguards you from liability for unauthorized use of your card, including situations where it is stolen, borrowed, or used without permission. I made a payment of {$100.00} to XXXX XXXX  XXXX for a credit card debt, with the receipt number XXXX and account number XXXX on the transaction date of XX/XX/XXXX. This payment was authorized, and I intended to send money orders for the remaining balance. I requested the company 's mailing address to send the money orders, and the debt collector assured me that she would provide this information by mail, along with the remaining debt amount of {$930.00} and change. My plan was to send a money order for the remaining balance on XX/XX/XXXX. The initial payment was made in good faith to demonstrate my commitment to resolving the debt and to arrange for its clearance. I did not authorize the retention of my card information for the payment of the remaining balance from my locked XXXX card. However, a representative from XXXX and XXXX attempted to process the remaining debt amount using my credit card information. I had not given consent for XXXX to charge my card for the amount of {$930.00} on XX/XX/XXXX, which was declined due to insufficient funds. Upon contacting the manager of XXXX XXXX  XXXX, I was informed they operate for LNVN collection services and believed they were entitled to charge my card for the final amount. I asserted that consent is required for such an action and that retaining my credit card information to use at their discretion without permission is a violation. I argued that due to this breach by the debt collection agency, the owed debt should be canceled in accordance with theThe Fair Debt Collection Practices Act ( FDCPA ) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts Hide full complaintWhat product or service is your complaint about? PRODUCT OR SERVICEDebt collectionTYPECredit card debtWhat type of problem are you having? Inactive modalIssueFalse statements or representationHave you already tried to fix this problem with the company? YesDid you request information from the company? NoType of IssueAttempted to collect wrong amountWhat happened? XXXX this is the true account number this company changed the account but same debtoXXXX XXXX XXXX XXXX  was added to the list although this company did not provide proof of claim or file one. The discharge was completed on the year of XXXX, XXXX XXXXCredit card protection safeguards you from liability for unauthorized use of your card, including situations where it is stolen, borrowed, or used without permission. I made a payment of {$100.00} to XXXX XXXX  XXXX for a credit card debt, with the receipt number XXXX and account number XXXX on the transaction date of XX/XX/XXXX. This payment was authorized, and I intended to send money orders for the remaining balance. I requested the company 's mailing address to send the money orders, and the debt collector assured me that she would provide this information by mail, along with the remaining debt amount of {$930.00} and change. My plan was to send a money order for the remaining balance on XX/XX/XXXX. The initial payment was made in good faith to demonstrate my commitment to resolving the debt and to arrange for its clearance. I did not authorize the retention of my card information for the payment of the remaining balance from my locked XXXX card. However, a representative from XXXX XXXX  XXXX attempted to process the remaining debt amount using my credit card information. I had not given consent for XXXX to charge my card for the amount of {$930.00} on XX/XX/XXXX, which was declined due to insufficient funds. Upon contacting the manager of XXXX XXXX  XXXX, I was informed they operate for LNVN collection services and believed they were entitled to charge my card for the final amount. I asserted that consent is required for such an action and that retaining my credit card information to use at their discretion without permission is a violation. I argued that due to this breach by the debt collection agency, the owed debt should be canceled in accordance with theThe Fair Debt Collection Practices Act ( FDCPA ) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience.

The CFPB will take steps to remove my personal information from this description but someone may still be able to identify me. Learn how it works. I consent to publishing this description after the CFPB has taken these steps.Inactive modalWhat would be a fair resolution to this issue? Credit card protection shields you from liability for unauthorized use of your card, such as when it is stolen, borrowed, or used without consent. I contended that due to this violation by the debt collection agency, the debt in question should be nullified in accordance with the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from employing abusive, unfair, or deceptive practices in debt collection.What company is this complaint about? Company InformationXXXX XXXX XXXXInvolvementCreditorWhat people are involved? 
Your contact informationXXXX  XXXX XXXX ( XXXX ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Arkansas XXXX United States Your preferred languageEnglish ReferredStatusCFPB referred complaint to another government agency on XXXXReferred ToOffice of the Comptroller of the CurrencyWe referred your complaint. 
After our review, we found another agency that is better able to help you with your issue. 
We also entered your complaint into the Consumer Sentinel Network, a secure online database operated by the Federal Trade Commission. Civil and criminal law enforcement authorities worldwide, including Consumer Financial Protection Bureau investigators, use the Consumer Sentinel Network to identify questionable business practices that may lead to investigations and prosecutions. 11 U.S.C. 502 ( b the claim was entered for XXXX XXXX XXXX  .What happened? this debt was included on my bankruptcy case and this company filed to present a claim XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX DE XXXX Notice Recipients District/Off : XXXX User : allisonb Date Created : XX/XX/XXXX Case : XXXX Form ID : XXXX Total : XXXX Recipients of Notice of Electronic Filing : XXXX U.S. Trustee ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX aty XXXX XXXX XXXX XXXX TOTAL : XXXX Recipients submitted to the XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AR XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX XXXX XXXX XXXX XXXX as agent for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, WA XXXX XXXX XXXX XXXX XXXX as agent for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, WA XXXX XXXX XXXX XXXX XXXX : Claims Dept. XXXX XXXX XXXX XXXX XXXX, PA XXXX TOTAL : XXXX Form XXXX ( XX/XX/XXXX ) EXPLANATION OF BANKRUPTCY DISCHARGE IN A XXXX  XXXX CASE This court order grants a discharge to the person named as the debtor after the debtor has completed all payments under the XXXX  XXXX plan. It is not a dismissal of the case. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [ In a case involving community property : There are also special rules that protect certain community property owned by the debtor 's spouse, even if that spouse did not file a bankruptcy case. ] A creditor who violates this order can be required to pay damages and attorney 's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor 's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The XXXX  XXXX discharge order eliminates a debtor 's legal obligation to pay a debt that is XXXX.. XX/XX/XXXX XXXX ( Form XXXX ) ( XX/XX/XXXX ) United States Bankruptcy XXXX XXXX XXXX XXXX Arkansas Case No. XXXX XXXX  XXXX In re Debtor ( XXXX ) ( name ( XXXX ) used by the debtor ( XXXX ) in the last 8 years, including married, maiden, trade, and address ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AR XXXX Social Security / XXXX XXXX ID No. : XXXX Employer Tax ID / Other nos. : DISCHARGE OF DEBTOR AFTER COMPLETION OF XXXX  XXXX PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED : The debtor is granted a discharge under section 1328 ( a ) of title 11, United States Code, ( the Bankruptcy Code ). BY THE COURT Dated : XX/XX/XXXX United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. XXXX complaint Closed Submitted Status Submitted to the CFPB on XX/XX/XXXX Product Debt collection Issue False statements or representation We received your complaint. Thank you. We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. YOUR COMPLAINT Credit card protection safeguards you from liability for unauthorized use of your card, including situations where it is stolen, borrowed, or used without permission. I made a payment of {$100.00} to XXXX XXXX  XXXX for a credit card debt, with the receipt number XXXX and account number XXXX on the transaction date of XX/XX/XXXX. This payment was authorized, and I intended to send money orders for the remaining balance. I requested the company 's mailing address to send the money orders, and the debt collector assured me that she would provide this information by mail, along with the remaining debt amount of {$930.00} and change. My plan was to send a money order for the remaining balance on XX/XX/XXXX. The initial payment was made in good faith to demonstrate my commitment to resolving the debt and to arrange for its clearance. I did not authorize the retention of my card information for the payment of the remaining balance from my locked XXXX card. However, a representative from XXXX XXXX  XXXX attempted to process the remaining debt amount using my credit card information. I had not given consent for XXXX to charge my card for the amount of {$930.00} on XX/XX/XXXX, which was declined due to insufficient funds. Upon contacting the manager of XXXX XXXX  XXXX, I was informed they operate for LNVN collection services and believed they were entitled to charge my card for the final amount. I asserted that consent is required for such an action and that retaining my credit card information to use at their discretion without permission is a violation. I argued that due to this breach by the debt collection agency, the owed debt should be canceled in accordance with theThe Fair Debt Collection Practices Act ( FDCPA ) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts Hide full complaint What product or service is your complaint about? PRODUCT OR SERVICE Debt collection TYPE Credit card debt What type of problem are you having? Inactive modal Issue False statements or representation Have you already tried to fix this problem with the company? Yes Did you request information from the company? No Type of Issue Attempted to collect wrong amount What happened? XXXX this is the true account number this company changed the account but same debtor XXXX XXXX XXXX was added to the list although this company did not provide proof of claim or file one. The discharge was completed on the year of XXXX, XX/XX/XXXX. Credit card protection safeguards you from liability for unauthorized use of your card, including situations where it is stolen, borrowed, or used without permission. I made a payment of {$100.00} to XXXX XXXX  XXXX for a credit card debt, with the receipt number XXXX and account number XXXX on the transaction date of XX/XX/XXXX. This payment was authorized, and I intended to send money orders for the remaining balance. I requested the company 's mailing address to send the money orders, and the debt collector assured me that she would provide this information by mail, along with the remaining debt amount of {$930.00} and change. My plan was to send a money order for the remaining balance on XX/XX/XXXX. The initial payment was made in good faith to demonstrate my commitment to resolving the debt and to arrange for its clearance. I did not authorize the retention of my card information for the payment of the remaining balance from my locked XXXX card. However, a representative from XXXX XXXX  XXXX attempted to process the remaining debt amount using my credit card information. I had not given consent for XXXX to charge my card for the amount of {$930.00} on XX/XX/XXXX, which was declined due to insufficient funds. Upon contacting the manager of XXXX XXXX  XXXX, I was informed they operate for LNVN collection services and believed they were entitled to charge my card for the final amount. I asserted that consent is required for such an action and that retaining my credit card information to use at their discretion without permission is a violation. I argued that due to this breach by the debt collection agency, the owed debt should be canceled in accordance with theThe Fair Debt Collection Practices Act ( FDCPA ) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience. The CFPB will take steps to remove my personal information from this description but someone may still be able to identify me. Learn how it works. I consent to publishing this description after the CFPB has taken these steps. Inactive modal What would be a fair resolution to this issue? Credit card protection shields you from liability for unauthorized use of your card, such as when it is stolen, borrowed, or used without consent. I contended that due to this violation by the debt collection agency, the debt in question should be nullified in accordance with the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from employing abusive, unfair, or deceptive practices in debt collection. What company is this complaint about? Company Information XXXX XXXX XXXX Involvement Creditor What people are involved? Your contact information XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Arkansas XXXX United States Your preferred language English Referred Status CFPB referred complaint to another government agency on XX/XX/XXXX Referred To Office of the Comptroller of the Currency We referred your complaint. After our review, we found another agency that is better able to help you with your issue. We also entered your complaint into the Consumer Sentinel Network, a secure online database operated by the Federal Trade Commission. Civil and criminal law enforcement authorities worldwide, including Consumer Financial Protection Bureau investigators, use the Consumer Sentinel Network to identify questionable business practices that may lead to investigations and prosecutions. 11 U.S.C. 502 ( b the claim was entered for XXXX XXXX XXXX  .I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience.

The CFPB will take steps to remove my personal information from this description but someone may still be able to identify me.Learn how it works.I consent to publishing this description after the CFPB has taken these steps.Inactive modalInactive modalEdit this sectionWhat would be a fair resolution to this issue? I do not owe this creditor XXXX XXXX XXXX  XXXX or otherwise the dsicahrge of their XXXX was concluded with this bankruptcy XXXX ( Form XXXX ) ( XX/XX/XXXX ) United States Bankruptcy XXXX XXXX XXXX XXXX Arkansas Case No. XXXX XXXX  XXXX In re Debtor ( XXXX ) ( name ( XXXX ) used by the debtor ( XXXX ) in the last 8 years, including married, maiden, trade, and address ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AR XXXX Employer Tax ID / Other nos. : DISCHARGE OF DEBTOR AFTER COMPLETION OF XXXX  XXXX PLAN It appearing that the debtor is entitled to a discharge, IT IS ORDERED : The debtor is granted a discharge under section 1328 ( a ) of title 11, United States Code, ( the Bankruptcy Code ). BY THE COURT Dated : XX/XX/XXXX United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. The Debt was discharged due to the creditor of XXXX XXXX bank filed to file a claim When you file XXXX XXXX bankruptcy, you must provide a list of your creditors and debts. You can use the XXXX XXXX repayment plan to get current with your secured debts ( like a house ), and your unsecured debts ( like credit card debt ) will be discharged at the end of the bankruptcy process. However, each of your creditors must file a proof of claim ( described below ) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you. On the other hand, if you owe secured and/or nondischargeable debts, it may be in your best interest to file a proof of claim on your creditors behalf. XXXX  XXXX bankruptcy allows you to stop paying many overwhelming debts and manage the rest of what you owe. However, if your creditors do not file proofs of claim, you could still owe certain debts and be behind on payments at the end of the bankruptcy process. A XXXX  XXXX bankruptcy attorney can help make sure this does not happen. We can explain when you should file a proof of claim on behalf of creditors and answer other questions you may have throughout your case. What is a Creditor Proof of Claim? A proof of claim is a legal document that your creditor must submit to the bankruptcy court. A claim must include documentation proving the exact amount you owe. When you file your petition for XXXX  XXXX, all creditors you list will receive notice that you are filing bankruptcy. Then, they have 90 days to file a proof of claim after the meeting of creditors. The only exception is government bodies, which have 180 days. Unsecured debt. This type of debt, which includes credit card bills and medical debt, is fully dischargeable in bankruptcy. This means that, regardless of whether the creditor files a proof of claim, these debts will be forgiven at the end of the bankruptcy process. In a XXXX XXXX bankruptcy, the code of law regarding an unsecured creditor failing to file a proof of claim, resulting in the debt being discharged, is generally found in 11 U.S.C. 502 ( b ), which outlines the process for filing and allowing claims in bankruptcy proceedings, and Federal Rule of Bankruptcy Procedure 3002 that specifies the requirements for filing a proof of claim.Inactive modalEdit this section2attachmentsView uploaded documents by clicking on the file name. Documents that pass virus scanning are typically available within 2 minutes of XXXX ( XXXX KB ) XXXX ( XXXX XXXX ) Step 4Inactive modal Edit this section What company is this complaint about? Company Information XXXX XXXX Bank Involvement Debt Collector Account number hide/show Company where the debt originally came from RESURGENT/LVNV FUNDING LLC Involvement Creditor Account number hide/show Complaint also submitted to this company? Yes, Attempted to fix with this company? Yes, Did you request information from the company? Yes, What information did you request? That they stop trying to collect a debt that is not owed by me and that the companies they use should follow procedure according to the fair debt procedures this debt has been canceled due to discharge from bankruptcy and the creditor XXXX XXXX.

Company response to consumer: Closed with explanation