Consumer complaint received 2025-03-30 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Resurgent Capital Services L.P.
State: GA

Complaint narrative:
Dear Sir or Madam : I am writing to dispute an inaccurate and unverifiable collection account appearing on my credit report. The account in question is listed as LVNV Funding LLC with an original creditor XXXX XXXX XXXX XXXX, in the amount of {$12000.00}. This letter serves as my formal dispute under the Fair Credit Reporting Act ( FCRA ), Section 611 ( 15 U.S.C. 1681i ), for the removal or correction of this erroneous information. 
Inaccurate and Incomplete Information : The LVNV Funding account contains multiple inconsistencies that violate FCRAs requirement for maximum possible accuracy. Specifically : The Date Opened is reported as XX/XX/XXXX, which is inaccurate. I never opened an account with LVNV Funding on that date ( or at all ). LVNV is a third-party debt buyer, not a creditor I initiated business with. Reporting a new open date misrepresents the age of the debt and is misleading. It appears to be an attempt to re-age the debt, which would contravene FCRA rules on reporting the correct date of first delinquency. Please note : FCRA Section 623 ( a ) ( 5 ) obligates furnishers to report the true date of delinquency ( the start of default on the original account ) for collection accounts. The date currently listed ( XX/XX/XXXX ) does not reflect any consumer action or relevant delinquency date and thus is factually incorrect. 


The account is listed as a Collection with {$12000.00} past due, yet there are no terms, no monthly payment, and only XXXX XXXX of payment history ( XXXX XXXX XXXX ). This reporting is incomplete. Important data like the Date of First Delinquency ( DOFD ) and Last Payment Date are missing from my report, making it impossible to tell if the item is within the XXXX reporting period or if it has been reported correctly. Incomplete information can be just as misleading as inaccurate information. Under FCRA, information that is incomplete or can not be verified must be deleted. The manner in which this account is reporting ( with sparse data and an incorrect open date ) fails to meet the standard of accuracy and completeness. 


No verification of the debt has been provided to me. I have never received any validation or proof that this debt is even mine or that the amount is correct. I did not receive any letters or documents from LVNV Funding LLC prior to seeing this on my credit file. Therefore, from my perspective, this account is unverified. The FCRA and consumer protection laws place the burden of verification on data furnishers and CRAs once a dispute is made. If LVNV Funding LLC can not verify the legitimacy and details of this debt, the account must be deleted from my credit report. 


Given the above issues, this account is inaccurate, incomplete, or unverifiable as defined by the FCRA. According to FCRA Section 611 ( a ) ( 5 ) ( 15 U.S.C. 1681i ( a ) ( 5 ) ), the credit bureau must delete or correct information that is inaccurate or can not be verified within the 30-day investigation period. I am providing a detailed basis for my dispute so that you may forward this to the furnisher ( LVNV Funding ) for investigation, as required by law. 
Legal Violations Noted : I also want to highlight that LVNV Fundings conduct with this account potentially violates multiple laws, which further supports my dispute : FCRA Section 623 ( a ) ( 1 ) Furnishers must not report information they know or have reasonable cause to believe is inaccurate. Reporting an account with a false open date and incomplete data falls under this prohibition. It appears LVNV did not ensure the info was accurate before reporting. 


FCRA Section 623 ( a ) ( 5 ) As mentioned, for a collection account, the date of first delinquency must be reported within 90 days of reporting the collection. I suspect the DOFD on the original XXXX XXXX account significantly predates XX/XX/XXXX. If LVNV failed to communicate the correct DOFD to you, the bureaus, then this tradeline may be illegally re-aged. 


FDCPA ( 15 U.S.C. 1692 ) While this is a credit bureau dispute ( not directly under FDCPA ), you should be aware that LVNV Funding LLC did not send any debt validation notice to me, which is required by the FDCPA within 5 days of initial communication. This means the debt itself is in legal contention. An account that has not been validated and for which required notices were not given is highly suspect. It may be unreliable to report such an account. 


In light of these factors, I am requesting the immediate deletion of the LVNV Funding LLC collection account from my credit report. At minimum, I demand a thorough reinvestigation. Please forward this dispute and all enclosures to LVNV Funding LLC and instruct them to provide proof of the accuracy of every piece of information they are reporting. If they can not, the FCRA mandates that the item be removed. 
Enclosures : I have attached a copy of my drivers license and a recent utility bill to verify my identity and address. I have also highlighted the account on a copy of my credit report for your reference. 
In accordance with FCRA, please complete your reinvestigation within 30 days and send me written confirmation of the results. If you delete the account, kindly send an updated credit report showing the deletion. If you verify or correct the account, please provide a description of the procedure used to determine the accuracy and the contact information for LVNV Funding LLC ( so that I may follow up if needed ). 
Finally, be advised that I am aware of my rights under the FCRA. Inaccurate or unverifiable information must be removed. If this account remains on my report without proper verification and correction, I am prepared to escalate the matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the State Attorney General, and consider legal action for willful non-compliance. I hope that will not be necessary and that you will resolve this dispute in a fair and expeditious manner. 
Thank you for your prompt attention to this matter. I look forward to your response. 
Sincerely, XXXX XXXX XXXX : XXXX DOB : XX/XX/XXXX

Company response to consumer: Closed with explanation