Debt collection -- False statements or representation -- Complaint #8181191

Complaint Overview

Complaint ID: 8181191

Company: Resurgent Capital Services L.P.

Product: Debt collection

Sub-Product: Credit card debt

Issue: False statements or representation

Sub-Issue: Attempted to collect wrong amount

State: New Jersey

ZIP Code: 07109

Date Received: 2024-01-15T12:00:00-05:00

Date Sent to Company: 2024-01-15T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

XXXX XXXX XXXX XXXX c/o LVNV Funding LLC , Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the ( FDCPA ) 15 USC 1692G and the Fair Credit Billing Act 15 USC 1666 , I have written several notices to try to rectify this claim of me owing LVNV Funding LLC XXXX federal reserve notes in the amount of XXXX, XXXX, my first notice to your company was XX/XX/XXXX when I realized your company furnished this account on my consumer report on XX/XX/XXXX without sending me the initial validation notice which is a serious violation of the ( FDCPA ) as it deprives my right for validation/verification of the alleged debt. My notice included a Conditional Acceptance Notice agreeing to pay upon proof that I owe this alleged debt to LVNV Funding. I received the initial notice from your company at my request on XX/XX/XXXX with an itemized bill statement that did not have LVNV Funding s name attached on it, that is not sufficient evidence of I authorize agent of the above name owing LVNV Funding, pursuant to 15 USC 1692g you are supposed to provide me with verification before you furnished anything on my consumer report, let me refresh your memory what Verification is. XXXX XXXX XXXX : Verification is Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition I never received Verification. Additionally, the law also says without the prior consent of the consumer giving directly to the debt collector or an express permission of court of competent jurisdiction you were not to communicate to any person meaning XXXX, XXXX, or XXXX reporting anything on my consumer report. Who there at LVNV Funding LLC, or Resurgent Capital Services, willing to sign an affidavit under the penalty of perjury swearing under oath that they have first-hand knowledge of the living breathing flesh and blood women, authorize agent/heir of the estate/All Caps name above, owing LVNV Funding XXXX section 602 rules of evidence, LVNV Funding LLC, Resurgent Capital Services has lack of first-hand knowledge of this alleged debt. What proof do you have to prove that you performed, did you buy this debt dollar for dollar? How did you calculate this amount? Was a 1099c cancelation of debt filed? If it was that is considered a Certificate of Indebtedness, and I am supposed to get my copy B, Additionally, IRS Publication 4681 clearly says, it is no longer considered a debt, it is considered taxable income and must be filed on taxes, that means it should not be reporting as a collection on my consumer report. Additionally, what consideration did you give me? did we have a meeting of the minds, meaning a mutual assent to the formation of a contract, for meeting of the mind to occur, the parties must agree to the same terms. If we had an agreement, please refresh my memory, and send documentation of a signed contract /agreement from both parties. You purchased my nonpublic personal information and created an account on my behalf without my consent that is identity theft, please provide me documentation that I signed giving LVNV Funding, permission to have access to my personal information, I never signed a social security SSA-89 Form giving permission for this company to have my SSN you have infringed on my rights to privacy and that is a direct violation of the Privacy Act of 1974 explicitly prohibits the authorized disclosure of personal information additionally the Gramm- Leach-Bliley Act. Communication with third parties, XXXX, XXXX and XXXX regarding my alleged debt, this unauthorized disclosure of my personal financial information is a clear violation of my privacy. I demand that you immediately cease and desist all further communication with third parties and refrain from disclosing any of my personal information without my explicit consent, these action not only violate my rights to privacy but also demonstrate a disregard for the laws and regulations governing debt collection practices. Additionally, I demand that you take the following actions to rectify the situation. 1. Confirmation of cessation : Provide written confirmation within 10 days from receipt of this notice that you have ceased all reporting of my personal information to credit reporting agencies. 2. Removal of inaccurate information : Instruct the credit reporting agencies to remove any inaccurate or misleading information that has been reported by Resurgent Capital Services c/o LVNV Funding LLC XXXX as required by the ( FDCPA ). 3. Compensation for damages : Recognize that your unauthorized reporting has caused me significant harm, stress, and defamation of character. I demand compensation for the damage suffered because of your actions, as allowed under the FDCPA XXXX for each violation every month your company reported this alleged in my consumer report. from the month of XXXX of XXXX to XXXX that's 3 months, XXXX XXXX through XXXX 12 months and so far, XXXX TotalXXXX Please send check payable to name : XXXX XXXX and address you have on file. Failure to comply with this notice and rectify the violations within the specified timeframe will leave me with no choice but to pursue legal action to seek remedies available under the FDCPA, including actual damages, statutory damages, attorney fees and any other relief deemed appropriate by the court. I trust you will handle this matter with the seriousness it deserves and take immediate steps to rectify the violations. I have also included an Affidavit of Facts ; you must rebut line by line if LVNV Funding LLC is unable to rebut this affidavit it stands as truth. I expect Resurgent Capital Services c/o LVNV Funding LLC to take appropriate action to rectify the violations committed and respond 10 days within receipt of this notice. I have attached the initial letter that I received from your company with the date on it, proving you furnish this alleged debt on my consumer report before you sent me the initial validation notice, my conditional acceptance notice letting you know that I never received a notice, but it was already furnished on my consumer report asking your company to send me documents of verification and Additionally, I attached an affidavit of facts, which you must rebut line by line or it stands as truth and facts and must be removed.

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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