Date Received: 2024-01-08
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This company is falsely reporting on my credit report and it is damaging my credit.
Company Response:
State: NY
Zip: 11694
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Company placed derogatory information on my credit report without sending me anything prior to doing so. Furthermore, it is an old debt that has already been paid in full. If they had sent me documentation prior to placing on my credit report, I would have provided them with proof validating they purchased old debt that had already been satisfied. Debt Collectors who buy old debt shouldn't be allowed to place items on your report without contacting you first. They also have another entry on my credit report that is old and already been settled. It appears they are not verifying debt after purchasing and placing on individuals credit reports. The second entry also involves any entry on my report where item was settled by previous debt buyer. I have attached that payment, which is the same account they are now trying to collect.
Company Response:
State: FL
Zip: 32327
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I never received any notice that I can dispute the debt. I also went threw identity thrift which I now have a lock on my credit to prevent this from ever happening again. I never received information or the original contract with my signature on it from the original debt
Company Response:
State: CT
Zip: 06902
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX is not my account XXXX is not my account Lvnv is not my account XXXXXXXX XXXX is not my account And should be removed off my credit account
Company Response:
State: CA
Zip: 90059
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: A credit card account was fraudulently opened in 2018 which is past the statute of limitations, I tried to do a police report but couldnt due to not having a suspect in mind. I contacted this creditor who I never have done business nor signed anything with to see proof that I did a deal with them and they could not provide
Company Response:
State: VA
Zip: 22401
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-09
Issue: Electronic communications
Subissue: Frequent or repeated messages
Consumer Complaint: company emailed me for a year and a half after I told them not to in XXXX, constant emails, back to back. The amounts are incorrect and they are reporting unverified debt in different amounts. Company that is reporting is LVNV funding but Resurgent is emailing me back to back
Company Response:
State: NV
Zip: 89104
Submitted Via: Web
Date Sent: 2024-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Please note that the name on this collection account is my maiden name vs my current name. See attachment with maiden name on it. I would first like to state that this is not an acknowledgment of debt. I disputed and requested information and documentation of the said debt and have not received. Furthermore, the said debt which I again am not claiming is mine, would have reached the statute of limitations for both XXXX where I lived in XXXX and XXXX where I reside as of XXXX They did not provide evidence of this debt and I had not heard back from them. Again, this is not an acknowledgement of the claimed debt, but if the debt was from XXXX as they claim, the statute of limitations in XXXX ( where I used to live ) is 4 years and would have expired in XXXX ( I. lived in XXXX till XXXX XXXX ). If using XXXX statute of limitations, it is 6 years, which would be XXXX Regardless under the Fair Debt Collection Practices Act this is illegal. Under the Fair Debt Collection Practices Act collection agencies must abide by the following federal mandates. The collection agency which is attempting to claim said debt as mine should be aware of the laws regarding attempting to collect on debts past the statue of limitations listed below. XXXX REVISED JUDICATURE ACT OF XXXX ( EXCERPT ) Act 236 of 1961 600.5807 Damages for breach of contract ; specific performance ; period of limitations ; bond ; deed ; mortgage ; surety bond ; appeal bond ; public obligations ; other actions. Sec. 5807. ( 9 ) The period of limitations is 6 years for an action to recover damages or money due for breach of contract. XXXX CIVIL PRACTICE AND REMEDIES CODE TITLE 2. TRIAL, JUDGMENT, AND APPEAL SUBTITLE B. TRIAL MATTERS CHAPTER 16. LIMITATIONS SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS Added by Acts 2005, 79th Leg., Ch . 97 ( S.B. 15 ), Sec. 4, eff. XXXX XXXX XXXX. Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. ( a ) A person must bring suit on the following actions not later than four years after the day the cause of action accrues : ( 1 ) specific performance of a contract for the conveyance of real property ; ( 2 ) penalty or damages on the penal clause of a bond to convey real property ; ( 3 ) debt ; ( 4 ) fraud ; or ( 5 ) breach of fiduciary duty.
Company Response:
State: MI
Zip: 48430
Submitted Via: Web
Date Sent: 2024-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent a letter for debt validation and to find out why a third party has hippa sensitive information without my knowledge or promition. They never responded only validated the debt with the credit companies no information was sent to me at all. It also has a XXXX month term I have no XXXX month term with this company and it doesn't show any past payments.
Company Response:
State: NV
Zip: 89104
Submitted Via: Web
Date Sent: 2024-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This company is a third party debt buyer that purchased " Uncollectable Debt ''. The originator, XXXXXXXX XXXX XXXX, violated the TCPA and fair debt collection practices, and was sent a demand for validation of debt. The originator, XXXXXXXX XXXX XXXXXXXX, failed to validate the debt in a timely manner and pursuant to Federal laws and regulations, the became No Longer allowed to collect, report, or bring litigation as a result of their own failure 's. The third party collector or debt purchaser has obtained " uncollectable debt '' as a result of the originators failures, and does NOT become collectable just because it is is new hands. I Demand that any and all derogatory information be removed from my trade lines immediately as the collector has NO legal grounds to report or collect any debt from myself. I intend to bring litigation against both collector and originator if the matter is not resolved in accordance of Federal Laws and regulations regarding a creditors failure to validate a debt.
Company Response:
State: MA
Zip: 01089
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: LVNV Funding is in violation of the FDCPA, section 809 which states the debt collector shall send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. LVNV funding did not adhere to these laws. I received no communication from LVNV funding to inform me of the debt for XXXX bank before this debt was inserted onto my credit report. There was no opportunity for me to dispute the debt or receive information in regard to the debt. LVNV funding violated my rights as a consumer.
Company Response:
State: PA
Zip: 19139
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A