Debt collection -- Attempts to collect debt not owed -- Complaint #11508294
Complaint Overview
Complaint ID: 11508294
Company: Resurgent Capital Services L.P.
Product: Debt collection
Sub-Product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was result of identity theft
State: Montana
ZIP Code: 594XX
Date Received: 2025-01-13T12:00:00-05:00
Date Sent to Company: 2025-01-13T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
This is for Reference ID : XXXX and XXXX From Resurgent Capital Services on behalf of LVNV Funding LLC. I have never given any Power of Attorney or any of my consumer rights to the companies stated above. They are reporting balance information to consumer reporting agencies. This is a violation of The Privacy Act of 1974 3-203. I have never done business nor have a written contract with LVNV Funding LLC. Transferring a security doesn't give rights to whoever it is transferred to and only the original creditor can come after me, which is who I signed with. An ARBRITRATION agreement was signed with the original creditor and LVNV Funding LLC is not the original creditor. The original creditor did not settle in arbitration which makes any selling of the debt null and void. Once the original creditor transferred the security they lost their rights. Under UCC 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee. Per 15 U.S. Code 1681 e ( b ) accuracy of report whenever a credit reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy and completeness of the information concerning the individual about whom the report is relates to. The IRS has not received any notification of these accounts for tax purposes. The accounts must be removed from all three consumer credit companies. You have less then 20 days to comply or IRS wil be notified of the taxes not being paid.
Frequently Asked Questions
What is Complaint #11508294 about?
Complaint #11508294 was filed against Resurgent Capital Services L.P. regarding Debt collection specifically about Attempts to collect debt not owed. It was received by the CFPB on 2025-01-13T12:00:00-05:00.
How did Resurgent Capital Services L.P. respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Resurgent Capital Services L.P.?
Yes, visit the Resurgent Capital Services L.P. company profile at readthecomplaint.com/company/resurgent-capital-services-l-p to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.