Consumer complaint received 2025-02-02 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: NC

Complaint narrative:
This letter serves as a formal dispute regarding the inaccurate and unverifiable information on my credit report concerning the account listed as XXXX ( Account # XXXX ). The Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ) and Internal Revenue Code ( 26 U.S.C. 6050P ) impose specific legal requirements on charge-offs, write-offs, and debt reporting. This account is in clear violation of these laws and must be investigated and corrected immediately.

Disputed Account Details : Account Name : XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Account Type : Revolving Account Date Opened : XX/XX/XXXX Status : Charged Off as Bad Debt Balance : {$730.00} Highest Balance : {$730.00} Past Due Amount : {$730.00} Status Updated : XX/XX/XXXX Payment History : NOT AVAILABLE LEGAL VIOLATIONS & DISPUTE BASIS : 1. FCRA VIOLATIONS ( 15 U.S.C. 1681 ) FCRA 611 ( 15 U.S.C. 1681i ) : Credit bureaus must investigate disputed accounts within 30 days and correct or remove unverifiable or incomplete information. The missing payment history and unverifiable charge-off status violate this requirement.

FCRA 609 ( 15 U.S.C. 1681g ) : I have the right to request all documentation used to verify this account, including the original charge-off records, payment records, and verification from the original creditor.

FCRA 623 ( 15 U.S.C. 1681s-2 ) : Data furnishers must only report complete and accurate information. The charge-off status without verifiable payment records is inherently inaccurate and misleading.

FCRA 1681e ( b ) : Credit bureaus must ensure maximum possible accuracy in reporting. Given the missing payment history and questionable charge-off details, this requirement has not been met.

2. VIOLATION OF IRS REGULATIONS ON CHARGE-OFFS ( 26 U.S.C. 6050P ) 26 U.S.C. 6050P & 26 C.F.R. 1.6050P-1 require that when a financial institution writes off a debt of {$600.00} or more, it must issue a Form 1099-C Cancellation of Debt to the debtor and report it to the IRS.

This account has a charge-off of {$550.00}, meaning that if it was actually written off, no valid 1099-C was issued, and the debt should not be legally enforceable. If a 1099-C was filed, this debt should be considered canceled and must be removed from my credit report immediately.

If this debt was not officially written off and remains collectible, then the " charge-off '' status is misleading and unverifiable, making its reporting illegal under FCRA 623.

FORMAL DEMAND FOR ACTION : I hereby demand that you take one of the following actions, as required by federal law : Provide full verification of this account, including : A detailed payment history proving the validity of the charge-off status.

Documentation from the original creditor confirming the charge-off and balance owed.

A copy of any Form 1099-C issued, if applicable.

1. Immediately delete this account from my credit report if verification can not be provided.

2. Removing it if the debt was written off for tax purposes.

Failure to comply with this formal dispute will result in legal action under the FCRA, where you may be liable for statutory damages of up to {$1000.00} per violation, plus punitive damages and attorneys fees.

I will escalate this matter accordingly.

Company response to consumer: Closed with explanation