Consumer complaint received 2024-12-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: VA

Complaint narrative:
To whom it may concern : I am responding to the letter you sent dated about a debt you are trying to collect. Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act 15 USC 1692 ( g ). This claim is being disputed and a debt validation is requested. I also have reason to believe that you are in violation of 15 USC 1692e. False or misleading representations as defined ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. After the case with XXXX XXXX XXXX, the Consumer Federal Protection Bureaus ( CFPB ) took action against XXXX XXXX XXXX to their illegal debt collection and credit reporting practices. XXXX XXXX XXXX attempted to collect on disputed debts using unlawful collection letters and misrepresentation. The CFPB stated that XXXX XXXX XXXX attempted to collect debt that was NOT substantiated after consumers disputed the validity of the debt conducted an investigation and found that XXXX sent collection letters to consumers who DISPUTED the validity or accuracy of their purported debts, even though XXXX had NOT obtained substantiation for the debts. As a debt collection, the CFPB states you are required to have a reasonable basis for assertion that a consumer owes the purported debt if a dispute is submitted. As a result, the CFPB required XXXX XXXX XXXX to pay redress to affected consumer and pay a {$1.00} XXXX penalty to the CFPBs victim relief fund.

The CFPB outlined a list of requests we, as consumer, can ask for when we are seeking proper validation of debt to ensure you are ethically seeking debt legally. I have requested a proper validation of debt for the past XXXX months YET you have not provided me with the substantiated information the CFPB outlines and you continue to have this alleged account reported on my consumer report? A PROPER validation of debt address EACH item of validation that I am requesting. You can find each request listed below. 
The account in question is listed below : LVNV FUNDING LLC - XXXX - 12 CFR 1006.34 - Notice for validation of debts. - Please remove this account. You are in direct violation of the FCRA for reporting this account on my credit profile without conduting a proper investigation. Per 15 US Code 1681n - Civil liability for willful noncompliance, as a consumer I have sustained grave damages as a result of your negligence. As a result, I have grounds to sue you for these damages up to {$1000.00}.

Please provide me with a proper validation of debt. If you can not provide me with the documentations I am request, please request to have this account permanently remove from my credit report and the debt permanently discharge. 
I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. You contacted me by mail, on and identified the alleged debt as being the original creditor. Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 
Complete payment history, the requirement of which has been established by XXXX v XXXX, XXXX XXXX XXXX ; 2001 XXXX. App. LEIS XXXX. 
Please provide verification by line item ( with explanation of each item such as when the purchase took place, how much the alleged items was, were the goods/services received, what were the goods/services received, etc. ) for the entire amount you say I owe obtained directly from the Original Creditor.

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from.

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?

If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay.

The obligation between you and I that allows you to collect on the alleged debt and any transactions between your company that binds me to an agreement to pay your company any money that you claim I owe.

Proof of photo identification ( i.e., drivers license, state identification card, or other government issued identification card ) that was presented to you at the time of incurring this alleged debt. 
Letter of sale or assignment from the original creditor to your company ( Agreement with your client that grants you the authority to collect on this alleged debt. Please show me proof that this debt was actually sold to you. ) The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 
State the amount of the debt when you obtained it, and when that was. 
If there have 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. 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. 
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. 
In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 
Tell me when the creditor claims this debt became due and when it became delinquent. 
Identify the date of the last payment made on this account. 
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. Details about your authority to collect this debt. 
I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? 
If not, say why not. If so, 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. 
( Enclosed is a copy of the list of your licenses. I found this document on the NMLS database. I dont see VIRGINIA on this list. How are you legally attempting to collect this alleged debt, in a state that youre not licensed in, that you havent properly validated after numerous request- yet still reporting to the credit bureaus which further affects my credit profile and credit score? This sounds to me like Aggravated Identity Theft, per 18 US Code 1028A Aggravated Identity Theft ) If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, 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.

I have asked for this information because I have some questions. I need to hear from you to make an informed decision about your claim that I owe this money. I am open to communicating with you for this purpose. In hindsight, your agency willing took on this debt willingly that you have not properly validated with me as a LAW ABIDING consumer. 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. If a proper validation is not provided, you can not recover this debt to try and collect from me per volenti no fit injuria. 
PROVIDE ME WITH THE FOLLOWING AS WELL : 1. FULL DISCLOSURE I WAS NOT TOLD THAT YOU WERE ACTUALLY CREATING THE CREDIT WITH MY WET INK SIGNATURE 2. EQUAL CONSIDERATION THEY BROUGHT NOTHING OF VALUE TO THE TABLE AND HAS NOTHING TO LOSE 3. LAWFUL TERMS AND CONDITIONS BECAUSE YOURS WERE BASED ON FRAUD 4. THE WET INK SIGNATURES OF BOTH PARTIES I AM WRITING TO INFORM YOU THAT IM NOT IN DISPUTE WITH ANYTHING BUT I DEMAND THE FOLLOWING LISTED ABOVE BE PROVIDED IN ORDER FOR ME TO BE ABLE TO MAKE PAYMENT.

PLEASE RESPOND BACK WITHIN 10 DAYS OF THIS CERTIFIED LETTER.

IF YOU DO NOT RESPOND I WILL CONSIDER THE DEBT TO BE FULLY DISCHARGED AND I WILL NEED IT IN WRITING SINCE YOU DID NOT RESPOND BY THE STATED ABOVE TERMS TO PROVIDE THE NECCESSARY EVIDENCE OF A LAWFUL DEBT WITHIN THE REASONABLE PERIOD OF TIME PROVIDE, I WILL CONSIDER THE DEBT IS FULLY DISCHARDED. 
WITHOUT PREJUDICE XXXX XXXX XXXX CC : ATTORNEY GENERAL OF THE STATE OF VIRGINIA XXXX XXXX CC : ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA XXXX XXXX CC : ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA XXXX XXXX CC : XXXX XXXX XXXX CC : CONSUMER FEDERAL PROTECTION BUREAU CC : FEDERAL TRADE COMMISSION

Company response to consumer: Closed with explanation