Consumer complaint received 2025-05-01 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
Subject : Formal Dispute of Inaccurate and Unverifiable Collection Account Reporting Request for Immediate Deletion Under FCRA and FDCPA To Whom It May Concern, I am writing to formally dispute the accuracy and legality of a collection account being reported on my credit file by LVNV Funding LLC  ( Account Number XXXX ending in XXXX ), regarding an alleged debt originally with XXXXXXXX XXXX ( XXXX XXXX  ). This account appears on all three credit bureaus and was most recently reviewed on XX/XX/year>, via my Experian Credit Report. 

This dispute is submitted under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). I respectfully request that this account be thoroughly investigated and removed for the following reasons : XXXX. Reporting of Inaccurate and Misleading Future-Dated Status This account is listed as past due as of XX/XX/year>, which implies a delinquency status extending into the future. Credit reports are required to reflect historical and factual accuracy, not predictive statuses. The Fair Credit Reporting Act ( FCRA XXXX ( b ) ) mandates that all information be accurate and not misleading. Presenting an account as already past due for the entire month of XXXX XXXXwhen we are still in the monthfalsely projects a status that can not be verified as accurate on a day-to-day basis and may mislead future creditors or lenders. 

Requested Action : Immediate deletion or correction of the account for furnishing misleading and unverifiable delinquency data. 



XXXX. Failure to Provide Proper Validation of Debt I previously submitted a debt validation request to Resurgent Capital Services, the servicer of this account. In response, they mailed me the following : An account summary prepared by Resurgent ( not by the original creditor ) A XXXX card billing statement and payment activity summary Copies of ownership transfer documents A general terms and conditions document However, they did not include : A copy of the original signed contract or application A complete itemized statement of all transactions and charges Legal documentation showing LVNVs legal right to collect on this debt According to FDCPA 809 ( 15 U.S.C. 1692g ), a debt collector must provide competent evidence that the consumer owes the debt. The documents I received fail to satisfy the legal burden of validation. A bill or account statement alone is insufficient under federal law. 

Requested Action : Delete the account for failure to validate the debt with legally sufficient documentation. 



XXXX. Inconsistent Servicing and Improper Chain of Custody The collection letter I received from Resurgent indicates that XXXX XXXX XXXX XXXX XXXX XXXX is now the current servicer of this debt. However, this entity is not mentioned anywhere on my credit report, and the reporting entity remains LVNV Funding LLC. This creates ambiguity and violates FCRA 609 and 611, which require all reported data to be transparent, verifiable, and traceable. 

Additionally, the ownership chain shown in their own documentation involves : XXXXXXXX XXXX XXXXXXXX XXXX XXXX Resurgent Acquisitions LLC LVNV Funding LLC Yet there are no legally binding transfer agreements or affidavits demonstrating that LVNV Funding has the current legal authority to collect or report this debt. 

Requested Action : Delete the account due to unresolved conflicts in servicer identity and unverifiable chain of title. 



XXXX. Predatory and Excessive Interest Rates The APR on this XXXX card account was listed at 35.99 %, and the late payment fee was {$41.00} on a balance under {$500.00}. This suggests possible predatory lending practices and excessive penalties that warrant a full CFPB investigation under TILA ( Truth in Lending Act ) and the CFPBs UDAAP authority ( Unfair, Deceptive, or Abusive Acts or Practices ). 

Requested Action : Investigate the underlying loan practices and consider deletion or further consumer protection measures. 


I am requesting that this complaint be considered in the context of a repeated pattern of improper debt collection and inaccurate credit reporting by LVNV Funding LLC and Resurgent Capital Services. This is the fourth account in my credit file involving similar violations of the FCRA and FDCPA, and I am concerned about systemic noncompliance that could be affecting many other consumers as well. 


Conclusion & Legal Reference This letter is a formal dispute under : FCRA 1681i ( right to dispute and reinvestigation ) FCRA 607 ( b ) ( duty to report accurate information ) FDCPA 809 ( duty to validate debt upon request ) As required by law, I request that : A full investigation be conducted within XXXX days A response be provided in writing with all findings My credit reports be updated accordingly across XXXX XXXX XXXX XXXX  This account be deleted if the information can not be verified or corrected accurately Attached are copies of all supporting documentation, including : The response from Resurgent Capital Services My credit report showing the account as reported My ID and proof of current address Thank you for your attention to this matter. I expect full compliance with the FCRA and FDCPA within the required legal time frame.

Company response to consumer: Closed with non-monetary relief