Consumer complaint received 2024-11-24 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: NJ

Complaint narrative:
Subject : Dispute of Alleged Debt and Violation of 15 U.S.C. 1692e ( 12 ) To Whom It May Concern : I am writing to formally dispute the debt allegedly owed to LVNV Funding LLC that is currently being reported on my credit report. This claim violates the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692e ( 12 ), which prohibits the false representation or implication that accounts have been legally assigned when such an assignment is not lawful.

Complaint Detail 1. Unlawful Assignment of Debt : LVNV Funding LLC claims I owe a debt that was allegedly assigned to them. However, under Article 9 of the Uniform Commercial Code ( UCC ), the assignment of a defaulted debt is illegal without proper authorization and adherence to legal procedures. This creates liability for both the original creditor and LVNV Funding LLC as the assignee under 15 U.S.C. 1692e ( 12 ).

2. Lack of Contractual Relationship : I have no contractual agreement or relationship with LVNV Funding LLC. At no time did I agree to any terms or conditions, nor did I consent to have any debt transferred, assigned, or sold to this entity. This renders their claim invalid and unenforceable.

3. Violation of Debt Collection Practices : LVNV Funding LLC is falsely representing itself as the legal owner of this debt. Such representation misleads both consumers and credit reporting agencies, creating inaccuracies in my credit profile and constituting a violation of federal law. 

Affidavit of Facts Notice : It is a fact that I, the undersigned, have reason to believe and do so believe that LVNV Funding LLC, in collusion with the original creditor, is attempting to unlawfully collect on a debt that has been illegally assigned to them. Both the original creditor and LVNV Funding LLC are liable for violations under 15 U.S.C. 1692e ( 12 ), and I am requesting immediate action to resolve this issue.

Relief Requested I demand the following actions : 1. Immediate Validation of Debt : Under 15 U.S.C. 1692g, LVNV Funding LLC is required to provide validation of the alleged debt, including but not limited to : Proof of the original agreement between myself and the original creditor.

Documentation demonstrating the legal assignment of the debt to LVNV Funding LLC in compliance with Article 9 of the UCC.

Proof that LVNV Funding LLC has the legal right to collect this debt.

2. Removal of Erroneous Reporting : I demand the removal of all references to this alleged debt from my credit reports with XXXX, XXXX, and XXXX immediately, as it is inaccurate and misleading.

3. Cease All Collection Activities : LVNV Funding LLC must immediately cease all collection activities, including reporting inaccurate information to credit reporting agencies, until the debt is validated and proven lawful.

Notice of Liability Failure to comply with this dispute and resolution request may result in legal action under 15 U.S.C. 1692k, where I may seek damages for violations of the FDCPA. LVNV Funding LLC and any involved parties will also be reported to the Consumer Financial Protection Bureau ( CFPB ) for further investigation. 

Supporting Documentation I am attaching the following documentation to support my dispute : A copy of my credit report showing the inaccurate reporting by LVNV Funding LLC. 
A statement affirming my lack of contractual relationship with LVNV Funding LLC. 

Conclusion This dispute serves as formal notice that LVNV Funding LLC is violating the FDCPA by claiming ownership of an illegitimately assigned debt and reporting inaccurate information. I respectfully request immediate correction of this matter to avoid further legal escalation.

Company response to consumer: Closed with explanation