Consumer complaint received 2023-12-23 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: MN

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX have violated my rights as a federally protected consumer. Subject : I- 15 USC 6801 a clearly states it is the policy of Congress that each financial institution has an affirmative and continuing obligation to protect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 15 USC 1681 section 602 states I have the right to privacy pursuant to 15 USC 1681 section 604 states any consumer reporting agency must furnish a consumer report under the following circumstances and no other 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. 2 ) In accordance with the written instructions of the consumer to whom it relates. XXXX XXXX and XXXX XXXX XXXX XXXX both have my nonpublic information, my personally identifiable financial information. I have never contracted, nor have I ever authorized by verbal, nonverbal, written or unwritten communication of any kind to use my personal nonpublic financial information with XXXX XXXX  or XXXX XXXX XXXX. These companies do not care about consumers right to privacy. 15 USC 1681 section 602b Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. So not only are they noncompliant with the LAW they have also committed identity fraud. These companies are using my personal identifying information to unjustifiably and intentionally deformed my character in public. According to 15 USC 1681 section 602 3 and 15 USC 1681 section 602 4 Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Along with XXXX XXXX  and XXXX XXXX XXXX ALL CONSUMER reporting agencies are allowing this to happen. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Again, if I never contracted with XXXX XXXX or XXXX XXXX XXXX where did they get my personally identifiable nonpublic information? Per the CFPB I sent a dispute letter requesting for competent Pursuant to 15 USC 1692g Please Provide proof and ALL documentation for your in depth investigation on this Inaccurate information/Account or Remove it from my credit report Immediately, Including but not limited to : 1- My signature on the contract for this debt 2-Chain of title for this debt 3-Chain of title that gives XXXX XXXX XXXX and XXXX XXXX XXXX legal authorization to collect on this debt 4-Detailed list of the payment history made by me on this account 5-Any and ALL insurance claims filed on this debt 6- Original signed contract that shows I am responsible for this debt 7-My credit application for this debt 8-Provide verification and documentation about why this is a debt that I am required to pay To XXXX XXXX XXXX and XXXX XXXX XXXX 9-Proof that you have the legal authority to collect on this debt 10- Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? The amount and age of the debt, including : 1-A copy of the last billing statement sent to me by the original creditor. 2-State the amount of the debt when you obtained it, and when that was. 3- Have there been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. 4-In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 5-Have there been any payments or other reductions since the last billing statement from the original creditor, 6-provide an itemization showing the dates and amount of each of them. 7-Have there been any other changes or adjustments since the last billing statement from the original creditor? 8- Please provide full verification and documentation of the amount you are trying to collect. 9-Explain how that amount was calculated. 10- In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 11-Tell me when the creditor claims this debt became due and when it became delinquent and How and why 12-Tell me when you think the statute of limitations expires for this debt, 13 -Provide documentation that proves the statue of limitation and how you determined determent it Details about your authority to collect this debt. 1-Does your firm have a debt collection license from my state? If not, say why not. 2-If yes, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 3- If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? 4-If yes, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. XXXX XXXX and XXXX XXXX have both ignored my requests. Pursuant to 5U.S.C. 552 a ( i ) ( 3 ) i am requesting this disputed item to be removed from my credit report Immediately Since you have failed to comply with 5U.S.C. 552 a ( i ) ( 3 ) by failing to maintain my records with accuracy, relevance, timeliness and completeness as is necessary to guarantee fairness in any determination shall Not use such record XXXX XXXX XXXX AND XXXX XXXX FAILED and once again REFUSED to remove the account from my credit report even though they Failed to Validate it In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion between us.Please Remove this debt from my credit report Immediately What would be fair Resolution XXXX XXXX XXXX XXXX and XXXX XXXX XXXX to provide all above described documents to validate this debt XXXX If XXXX XXXX XXXX and XXXX XXXX XXXX does not provide above documents to validate this debt XXXX XXXX XXXX and XXXX XXXX XXXX to remove Immediately this negative improper inaccurate derogatory information from my credit report XXXX XXXX XXXX XXXX and XXXX XXXX XXXX be held accountable for - Inaccurate, false statement made in my credit report - Damaging my reputation with the derogatory statements- Punitive damages XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX held accountable for refusing and failing to provide the above documents after my complaint with CFPB and responding to this complaint without resolving /validating / providing documents above described necessary to validate the debt XXXX XXXX XXXX XXXX and XXXX XXXX XXXX be fully investigated and held accountable for praying on consumers like myself defrauding consumers like myself and getting away with it by not providing the documents as required to validate the False/inaccurate debt Notice of Formal Dispute I am writing to formally dispute the amount of {$31000.00} account XXXX you claim I owe. I am currently disputing the validity and accuracy of this debt and demand that you either provide all the necessary documentation as required by the Consumer Financial Protection Bureau ( CFPB ) and the Fair Debt Collection Practices Act ( FDCPA ), or DELETE the debt from your records. It is my belief that among otherissues XXXX XXXX and XXXX XXXX XXXX are in Violation of all below. Fair Debt Collection Practices Act ( FDCPA ) : Debt collectors must comply with the provisions outlined in the FDCPA, a federal law governing debt collection practices. It prohibits abusive, deceptive, or unfair practices and sets guidelines for communication, validation of debts, and disclosure of rights to consumers. Validation of Debts : Upon receiving a debt collection request, debt collectors must provide consumers with written validation of the debt. This validation should include details such as the amount owed, the original creditor, and information on the consumer 's rights to dispute the debt. Dispute Resolution : Debt collectors must provide a mechanism for consumers to dispute the debt and request verification. They must investigate and respond to consumer disputes within a reasonable timeframe. Prohibited Practices : Debt collectors are prohibited from engaging in certain practices, such as misrepresenting the debt amount, falsely implying legal action, or threatening actions they can not legally take. They must provide accurate and truthful information to consumers. I DEMAND you provide all the above documents pursuant to the CFPB and Fair Debt Collection Practices Act ( FDCPA ) or DELETE the debt. In the absence of providing the requested documentation, I demand that you DELETE the debt from your records and cease any further collection efforts associated with it. Please note that the CFPB regulations require you to provide the requested documentation within 30 days of receiving this written request. I appreciate your attention to this matter and your prompt response. 

Lastly, the alleged debt has been charged off by the original creditor. Per the IRS a charge off is considered to be cancelled for the forgiven or discharged amount. The amount is no longer owed, but it must be reported the following year as INCOME. XXXX has a blog article that is called XXXX is not a part of your XXXX credit history and therefore not included in your XXXX credit score and XXXX has an article on their website XXXX things that wont affect your XXXX XXXX or credit worthiness XXXX point in the article was income. When there are documents on the consumer reporting websites stating INCOME should not be on the consumer report why is it? PROVIDE ALL DOCUMENTS and prove the debt isnt income or REMOVE the alleged debt. If there are any questions, please dont hesitate to contact me at the email address associated with this account.

Company response to consumer: Closed with explanation