Consumer complaint received 2024-07-11 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: MS

Complaint narrative:
Please refer to complaint number XXXX. Please be advised that Resurgent Capital is hereby put on notice. Resurgent Capital Services L.P. whose business ID number is XXXX ( state of Mississippi ) and was incorporated in Delaware XX/XX/year>, whose general partner is XXXX XXXX XXXX at the address of XXXX XXXX # XXXX, XXXX, XXXX XXXX, who is a subsidiary of the Sherman Financial Group, XXXX. This entity ( or whatever living person ) states in fact that the account was originally with Capital XXXX and NOT with LVNV Funding or Resurgent Capital Services. The entity or living person also states that the account was previously charged off and states charge off does not satisfy a debt. What debt? The alleged debt was charged off with XXXX XXXX. This entity claim that the NEW OWNER has a right to collect the debt. There is NO AGREEMENT/CONTRACT between XXXX XXXX XXXX LVNV Funding or Resurgent Capital Services. As a matter of fact, XXXX uploaded a card member agreement that clearly stated XXXX XXXX on the agreement. The entity or living person states that with the PUCHASE of the Account that it obtained all the rights to collect and report the information to the consumer reporting agencies. No where in the agreement it states that XXXX XXXX WILL furnish my information to the consumer reporting agencies ( they assumed they had my permission ) nor does XXXX XXXX, XXXX XXXX, or Resurgent Capital Services have my written permission to furnish any information to a consumer reporting agency about me. Neither entity has provided a specific statute or code that states a consumer 's nonpublic personal information MUST BE FURNISHED TO A CONSUMER REPORTING AGENCY. The entity or living person states that bill statements are proof of verification in accordance with the FDCPA. The FDCPA clearly states that the debt collector must obtain verification of the debt or a judgement. the legal definition of VERIFICATION is a formal declaration ( affidavit of verification ) made in the presence of an authorized officer. No such VERIFICATION has been provided by XXXX XXXX. Bill statements ARE NOT proof of debt, refer to case law ( XXXX XXXX XXXX XXXX XXXX XXXX ). Please provide the audit trail as defined by 15 USC 44 between XXXX XXXX and XXXX XXXX, XXXX XXXX and Resurgent Capital Services, and XXXX XXXX and XXXX XXXX. Please provide the purchase agreement/forward flow agreement between XXXX XXXX and XXXX XXXX and assignment agreement/purchase agreement/forward flow agreement between LVNV Funding and Resurgent Capital Services XXXX Not only was this false information furnished without my written consent, but it was also furnished without my knowledge which is direct violation of 15 USC 1692g ( a ). Again, THIS ALLEGED DEBT IS DISPUTED. The furnishing of this FALSE and INACCURATE information to my consumer report is an attempt to collect a debt which is a direct violation of 15 USC 1692g ( b ). I have been emotionally distressed and was recently denied a line of credit.

Company response to consumer: Closed with explanation