Consumer complaint received 2024-11-25 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
I sent a notarized, certified receipt request to XXXX Resurgent Receivables, ( Notice to Principal is Notice to Agent '' ), requesting a copy of the original wet pen agreement between the alleged creditor and myself that states that I agreed to contract with them. They did not provide that. 

I also requested XXXX Resurgent to provide me with a copy of the original wet pen agreement that states if the alleged debt was not paid in time that they have the " lawful right '', ( under federal and state laws regulated by the UCC ), to resell that debt to a third-party debt collector and I also agreed. They did not provide that. 

I specifically stated in my request that if XXXX Resurgent did not respond within 30-45 business days that the alleged debt in question would be considered null and void and should be deleted and corrected on my credit profile. They have not provided the documents requested and they have also neglected to remove the negative item from my credit profile as requested. 

I also specifically outlined that any future correspondence related to this alleged debt would result in a {$1000.00} USD per violation as stated in the FDCPA. The FDCPA provides consumers with the right to seek up to {$1000.00} USD in statutory damages for violations, as well as actual damages and attorney fees. The CFPB has taken action against debt collectors for using misleading information to collect debts or failing to properly validate debts. The CFPB has also penalized credit reporting agencies for providing incorrect information to consumers and not properly investigating disputes. 

XXXX Resurgent forwarded a communication to me dated XX/XX/year>, that explicitly states on its notice that it is for informational purposes only and is not an attempt to collect a debt. ( XXXX Department of Consumer Affairs License Number : XXXX ) I have screenshot and uploaded all the documents for reference and consideration. 

I would also like to state that in accordance with the Fair Credit Reporting Act the creditor has violated my rights under 15 USC 1681 Section 602 states that I have the right to privacy.

15 USC 1681 section 604 ( a ) section 2, it also states a consumer credit reporting agency can not furnish an account without my written instruction. ( Which I have not given to XXXX Resurgent or to any other credit reporting agency ). 

15 USC 1681 ( b ) and pursuant to 15 USC 1666b A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. I demand that my late payment ( s ), and incorrectly reporting information be deleted, updated to be paid on time according to these US laws, CFPB. 

15 USC 1681 ( n ) states that you can get up to $ XXXX for every unauthorized inquiry on your credit report. Late payments, Collections, Charge-offs, Bankruptcies, student loans, repossessions, hard inquiries, and more. 

The company has clearly stated that they were not trying to collect on a debt, so I am requesting that the information be corrected and removed at once. I have given the company sufficient time to address any matters of importance related to this alleged debt and have not received a reply. The company due to its own willful noncompliance did not reply within 45 days from the date of receipt and the alleged debt in question is null and void. It is also illegal to be sued for failure to pay debt because the contract with the original creditor was a contract of adhesion. Contracts of adhesion are considered unconscionable, and they are not enforceable. UCC 2-302 With the utmost respect, I would like to have this item removed from credit profile at once. 
I have uploaded all my documents and postal receipts, along with copies of my notarized requests for reference and consideration and pray that you will take the necessary steps to correct and resolve this matter immediately. Respectfully,

Company response to consumer: Closed with explanation