Consumer complaint received 2025-02-08 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: CA

Complaint narrative:
To Whom It May Concern, I am writing to formally dispute the inaccurate and unverifiable information being reported by LVNV Funding LLC regarding the above-referenced account. This letter serves as a legal notice of my rights under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). 

I have repeatedly requested LVNV Funding to provide legitimate proof of a purchase agreement between you and the original creditor. Instead of a valid purchase agreement, you have sent mere transaction statements, which do not satisfy the legal requirement for proving ownership of this alleged debt. If LVNV can not provide a legally binding purchase agreement, this account must be immediately removed from my credit report. 

Additionally, this account is being improperly reported as a charge-off. Per the Internal Revenue Service ( IRS ), a charge-off is considered canceled debt, which is classified as taxable income. If this is truly a charge-off, why have I not received a 1099-C Cancellation of Debt Form? Failure to issue a 1099-C indicates that LVNV is fraudulently reporting this debt, violating both IRS regulations and consumer protection laws. You can not legally report a charge-off while simultaneously attempting to collect the debtit is one or the other. 

Further, the dates this account was opened are inconsistent across my credit reports, proving that LVNV Funding is furnishing false and inaccurate information to the credit bureaus, which is a direct violation of the FCRA ( 15 U.S.C. 1681s-2 ). This constitutes willful noncompliance and is subject to legal action.

Per 12 CFR 1006.34 ( c ) ( 4 ) ( i ), your failure to provide accurate, verifiable, and complete information before reporting to credit bureaus is a clear violation of consumer protection laws. You are now formally on notice. If this issue is not resolved immediately, I will have no choice but to escalate this matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my states Attorney General. I am also prepared to pursue legal action for damages caused by your reckless and unlawful reporting. 

I demand the following actions be taken immediately : 1. Provide a valid purchase agreement between LVNV and the original creditor, proving your legal right to collect this alleged debt.

2. Issue a 1099-C form if this account is truly a charge-off, or remove the charge-off status entirely.

3. Immediately delete this account from all consumer credit reporting agencies due to the inaccurate reporting of the account opening date and LVNVs failure to provide proper validation.

4. Cease all collection activity unless full validation is provided in compliance with FDCPA and FCRA regulations. 

Failure to comply with this request within 30 days will result in further legal action. I expect a prompt and thorough response.

Company response to consumer: Closed with non-monetary relief