Date Received: 2023-08-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, IL, XXXX XXXX XXXX XXXX LVNV FUNDING LLC Subject : Identity Theft - Account Number XXXX To Whom It May Concern, I am writing to address an account that has been reported as a collection/charge-off on my credit report, which I believe to be the result of identity theft. I recently became aware of this account and the associated negative impact on my credit history. Account Information : - Account Number : XXXX - Original Creditor : XXXX XXXX XXXX XXXX XXXX - Date Opened : XXXX - Current Balance : XXXX - Status : Collection/Charge-Off I wish to dispute the validity of this account based on the fact that I have been a victim of identity theft. I have taken immediate steps to report the identity theft to the appropriate authorities and have obtained a copy of the relevant police report as supporting documentation. I kindly request that you investigate this matter and remove the account from my credit reports with XXXX and XXXX. As a victim of identity theft, I have taken the necessary actions to rectify the situation and protect my financial well-being. Please provide written confirmation once the account has been removed from my credit reports. Additionally, I request that you provide any guidance or documentation necessary to facilitate this process and ensure the prompt resolution of this matter. You can reach me at XXXX or XXXX to provide further instructions or to discuss this matter in detail. I am committed to resolving this issue and appreciate your cooperation. Thank you for your immediate attention to this important matter. Sincerely, XXXX XXXX
Company Response:
State: IL
Zip: 60619
Submitted Via: Web
Date Sent: 2023-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-26
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have repeatedly told these companies, the account have fraudulent activity and Im a victim of identity theft and accounts and charges arent mine 15 U.S. Code $ 1681c-2 a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt. These accounts should not be furnished on my consumer report as they are in VIOLATION!!! Under, 15 U.S Code 16816 - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( XXXX ) In accordance with the WRITTEN INSTRUCTION of the consumer to whom it relates. I NEVER gave any consumer reporting agency WRITTEN CONSENT to report anything on my consumer report which violates my rights as a federal protected consumer. NO CONSENT IS IDENTITY THEFT. As a consumer lam demanding the deletion of the accounts listed IMMEDIATELY!
Company Response:
State: CA
Zip: 90047
Submitted Via: Web
Date Sent: 2023-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-27
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: As per the FCRA, I am entitled to a True and correct credit report, something I havent had for years since the Credit Bureaus have Repeatedly Failed to Correct the items or simply have not responded at all. I am becoming more and more disadvantaged as a XXXX person due to this. I have been deprived the opportunity to fully utilize or benefit from my true credit. Which is Unfair to me. This company opened an account in my name when I was incapacitated. This is the second time I have disputed this account and theyve failed to resolve and correct the invalid / Identity Theft account.
Company Response:
State: FL
Zip: 33803
Submitted Via: Web
Date Sent: 2023-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-27
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: XXXX refuses to remove two accounts of my credit per the collection rights and statue of limitations that is forseen underneath my credit report. For one of the collections, LVNV funding the collection agency is past the limitations of the right to collect data and as of the LAW it states that information reported should be removed that is innacurate or violates the terms of conditions in which the right it has to collect such debt. The collection was sold off to another consumer in which was not the right of the consumer to continue to allow such credit reporting to hinder my credit as such, three years In South Carolina, the statute of limitations for most types of consumer and business debt is three years. Another item that is being reported on my credit is from XXXX XXXX XXXX XXXX this item is past the debt collectors rights to have this item reported on my credit and should be removed as such according to the statue of limitations and its law, The Virginia statute of limitations on debt is five years for written contracts and credit cards and three years for open accounts and oral contracts
Company Response:
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2023-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-26
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My credit report contains my personal information. And payment history with XXXX XXXX XXXX. Solely affecting my credit score.they have been reporting a consumer credit transaction report to XXXX since XXXX XXXX. XXXX XXXX was another lender who has violated consumer protection laws. I believe I am subject to a wide spread cyber attack due to all the other third-party companies who has access to my credit report. It has been more than XXXX different finance companies who accessed my credit report on XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX are all in violation of consumer law. I have tried multiple times to apply for installment loans and time and time again I was denied due to my credit report. XXXX XXXX XXXX has affected my way of living and put me in fear of my personal information being compromised due to them reporting my personal information and payment history and has affected the way I provide for my family. I can not apply for business loans or mortgage loans due to my poor performance on XXXX. Poor performance being things Congress states that doesnt suppose to be in my credit report in the first place. Before XXXX XXXX XXXX started reporting consumer credit transactions to XXXX my credit score was XXXX. I was not protected by consumer law. XXXX XXXX XXXX even reported multiple addresses that are old or outdated.
Company Response:
State: IL
Zip: 60644
Submitted Via: Web
Date Sent: 2023-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV Funding XX/XX/XXXX still shows active as of XX/XX/XXXX and this account has in correct amounts. Was never given any notice of this.
Company Response:
State: AZ
Zip: 856XX
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Dear Sir/Madam, I am writing to file a formal complaint against Resurgent Capital Services LP for their willful violation of my consumer rights and predatory collection practices. I am deeply concerned about their conduct in attempting to collect on an unverified debt, despite my multiple attempts to verify the alleged debt. This harassment has not only caused me undue stress but also constitutes a clear breach of the Fair Credit Reporting Act ( FCRA ) and other relevant consumer protection laws. The details of the violation are as follows : Collection Agency : Resurgent Capital Services LP Address : XXXX XXXX XXXX, XXXX, MI XXXX Timeline of Events : 1. XX/XX/2023 : I received a communication from Resurgent Capital Services LP regarding an alleged debt that I have no recollection of. Recognizing my rights under the FCRA, I immediately requested verification of the debt in writing. 2. XX/XX/2023 : I received an account summary from Resurgent Capital Services LP which did not produce a legally binding agreement ( in the form of any original contract ) or documentation confirming that Resurgent Capital Services LP is permitted to collect debts within the state of Maryland. Once again I requested, I followed up with a second verification request, once again adhering to the formal written communication method. 3. XX/XX/2023 : To my dismay, I received the same account summary itemizing the alleged debt that does not constitute as a legally binding proof of ownership of said debt and does not constitute authorization that Resurgent Capital Services LP is permitted to collect debts within the state of Maryland. I submitted written notice that the companydid not provide valid verification for the alleged debt within the 30-day timeframe as required by current FCRA laws and any additional attempts to collect on said alleged debt is a direct and willful violation of my consumer rights 4. XX/XX/2023 : Since then, I have continued to be harassed by Resurgent Capital Services LP with aggressive correspondence, demanding payment for a debt that remains unverified. This situation is deeply distressing, as it not only negatively impacts my mental and emotional well-being but also points towards a deliberate disregard for my consumer rights. The actions of Resurgent Capital Services LP are in direct violation of the FCRA, which explicitly outlines the requirements for debt verification and the consequences of non-compliance.
Company Response:
State: MD
Zip: 21215
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: As of XX/XX/XXXX, LVNV Funding LLC, has been reporting inaccurately and violating my consumer rights. First, I do not have a signed contract with LVNV Funding. It is also reporting as open on XX/XX/XXXXXXXX which means it is re-aged and is a violation of the Federal Credit Reporting Act. Furthermore, my consumer rights were violated which states per 15 USC 6802 ( b ) ( 1 ) ( B ) that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party. No consent was provided by this company. Lastly, LVNV Funding LLC has also violated consumer law 15 USC 1681b ( a ) ( 2 ) Examples of permissible purposes include subpoenas or court orders, written instructions from the consumer, credit transactions with a consumer, employment purposes with written authorization from a consumer, insurance underwriting purposes, tenant screening, and national security investigations. Again, no consent was given to this company.
Company Response:
State: FL
Zip: 33142
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XXXX XXXX closed this consumer account with a balance. XXXX XXXX keeps reporting this account as a charge off. Under 12 CFR 1026.11 any creditor that terminated a consumer account with a balance over a {$1.00} it is due to the consumer. 12 CFR 1026.11 - Treatment of credit balances ; account termination. 1026.11 Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.
Company Response:
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: LVNV Funding Collection opening a previously closed account and now listed on my credit file with the 3 Major Credit Bureaus. On XX/XX/2023, I was informed that LVNV Funding Collections should not have open and closed account.
Company Response:
State: GA
Zip: 30906
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A