Date Received: 2024-01-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Currently, as a federally protected consumer Im seeking proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) XXXX XXXX XXXX XXXX I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. Thus, absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. I am disputing the information directly with you, the furnisher of information, and I am requesting an investigation in the FCRA Section 623. The FCRA regulates how the credit bureaus handle your report under section 611 for accuracy { 15 U.S.C. section 1681-2. Any attempt to collect this debt without validation violates the FCDPA. ( FAIR Debt Collection Practices Act ). XXXX. Harassment or abuse XXXX. False or misleading representations XXXX. Unfair practices XXXX. Validation of debts * Please note that proper documentation is NOT a printout or bill from you but rather actual proof of the alleged debts existence ( original alleged contract bearing my signature ). Expeditious weekly updates are scheduled to be sent to the CRAs electronically. Lastly, please provide evidence of your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter.
Company Response:
State: NC
Zip: 27834
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: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Complaint Regarding Non-Compliance with Negotiable Instrument for Debt Cancellation I am writing to file a formal complaint against XXXX XXXX and [ LVNV Funding XXXX and XXXX XXXX as well as XXXX Name ] for their failure to honor a negotiable instrument, specifically a Form 1099-C, which legally cancels the consumer debt in question. I believe that their actions violate the Fair Debt Collection Practices Act ( FDCPA ) and other relevant consumer protection laws. I would like to bring to your attention that the negotiable instrument used in this case, Form 1099-C, is a legally binding document that should result in the cancellation of the consumer debt. The failure of the above corporations to honor this instrument raises concerns about their compliance with consumer protection laws. I am seeking the Consumer Financial Protection Bureau 's intervention to ensure that The corporation named above must comply with the relevant laws and promptly cancel the consumer debt using the negotiable instrument provided. [ Attach copies of relevant documents, including Form 1099-C, correspondence with the credit bureau and collections agency , and any other supporting evidence. ] I appreciate your attention to this matter and trust that the Consumer Financial Protection Bureau will investigate the issue thoroughly. I look forward to a resolution that upholds consumer rights and ensures fair treatment by the law. Thank you for your prompt attention to this complaint.
Company Response:
State: GA
Zip: 314XX
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: As a federally protected consumer I'm seeking proof of the alleged debt, under the doctrine of estoppel by silence, XXXX XXXX XXXX ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature in wet ink, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information : 1 ) Please evidence your authorization under 15 USC 1692 ( e ) 15 USC 1692 ( f ) and USC 1692 ( g ) in this alleged matter. 2 ) What is your authorization of law for your collection of information? 3 ) What is your authorization of law for your collection of this alleged debt? 4 ) Please evidence your authorization to do business or operate in the state. 5 ) Please provide proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature. You have 7 days of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter ( XXXX ) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three-primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. I can't obtain housing or employment due to the violations on my credit file. Failure to respond within 7 days of this letter will begin my small claims action against your company. I will be seeking { {$5000.00} } in damages for the following : 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffs office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. The Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ) will be notified regarding this alleged debt.
Company Response:
State: PA
Zip: 19142
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: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: I have seen patterns of abuse in which collection agencies do not provide me with a call or any form of communication in writing but send it to my credit bureau or contact my job via work email. I ask for documentation and cease until documents are provided and requests are granted.
Company Response:
State: CA
Zip: 91335
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt collector engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. They furnished this account that we didn't agree upon and I didn't sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it. More so they didn't follow the proper 5 step validation procedure which make this unfair practices. According to the FDCPA l 'm entitled to XXXX dollars per violation and clearly they violated my rights.
Company Response:
State: DE
Zip: 19810
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt collector engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. They furnished this account that we didn't agree upon and I didn't sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it. More so they didn't follow the proper 5 step validation procedure which make this unfair practices. According to the FDCPA l 'm entitled to XXXX dollars per violation and clearly they violated my rights.
Company Response:
State: DE
Zip: 19810
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The account with LVNV Funding is what XXXX keeps allowing to report on my credit file with them and through them while XXXX and XXXX has suspended reporting this creditor who purchases bad/old debt and harasses me for money. I've never done business with LVNV Funding nor do they have my permission to report on my credit files. I have been flagged for my XXXX XXXX XXXX XXXXXXXX due to this illegal act and breach of the Fair Debt Collections Practices Acts.
Company Response:
State: VA
Zip: 22032
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: I received one letter from Resurgent Capital Services dated XX/XX/XXXX, on XX/XX/XXXX, stating I owed a debt to them that I do not recognize. However, prior to that date, I started receiving emails from XXXX from the company on XX/XX/XXXX about disputed debt. No phone call was ever received, and I never returned correspondence via email. On XX/XX/XXXX, I mailed Resurgent Capital Services via certified USPS mail, return receipt requested, that I dispute the debt, and to send me information validating said debt. My letter was signed for by XXXX XXXX on XX/XX/XXXX at XXXXXXXX XXXX. Despite receiving my dispute letter, the company still emails me daily, attempting to collect a debt that I have disputed, which is against federal law. On XX/XX/XXXX, I received a letter from Resurgent Capital Services, dated XX/XX/XXXX, that they received my letter, and initiated a review. The above outlined communication is the only communication I have had with Resurgent Capital Services. On XX/XX/XXXX, LVNV Funding LLC sent reported my account as delinquent, and failed to attach any notification that I have disputed the debt, and have failed to verify the debt as per my letter dated XX/XX/XXXX, that they have acknowledged they received. LVNV Funding LLC and Resurgent Capital Services clearly violate federal collection laws, and need to be held accountable.
Company Response:
State: IL
Zip: 60188
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Resurgent receivables have {$2600.00} in collections but I dont know what its from or for. I have reached out to them to provide me a copy of the original contract with signature and a copy of the payment history. I have not received anything or heard anything back.
Company Response:
State: NC
Zip: 27406
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding LLC XXXX XXXX XXXX XXXX XXXX Account # XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT RE : Failure to Properly Validate Debt This is my second notice advising your office that youre in violation of Fair Debt Collection Practices and 12 CFR 1006.34c and 15 USC 1681. On [ XX/XX/2023 ] you received my notice for validation of Debts pursuant 12 CFR 1006.34c and with the appropriate information to validate alleged debt. It has been over 30 days and you have not responded with the requested information that is required by law. The Fair Debt Collections Practices Act and Fair Credit Reporting Act requires your response with 30 days of receipt of the dispute. I have not received proper response of validating the alleged debt from your company. This is deliberate violation of my consumer rights. 15 USC 1692c ( c ) Ceasing communication. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. If proper validation of this alleged debt is not provided within 30 calendar days of receiving previous notice, I assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt. FDCPA 811 [ 15USC Any reporting of this alleged debt to any consumer reporting agency will be taken as an attempt to collect on an alleged debt that not only is fraudulent, but you have no legal right to collect on! FDCPA 813 [ 15USC1692k ] Civil liability ( a ) Amount of damages ( b ) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( c ) ( 1 ) any actual damage sustained by such person as a result of such failure. ( d ) ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. IN SUMMARY Please do not reply stating you have already responded to my previous dispute. If you can not show proof by confirmation of receipt and or confirmation # with my correct address. Then your office have failed to respond with validation request 30 calendar days from the date of my last receipt. Please remove account from consumer report for failure to validate DEBT. All references to this account in question must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. In event of non-compliance, I reserve the right to file complaints of violations with appropriate State Attorney, CFPB and XXXX Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of the XXXX communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code Title 18 Part 1 chapter 63 S 1341 Yours truly, XXXX XXXX CC : XXXX XXXX XXXX XXXX ( All Rights Reserved ) FWD : Consumer Financial Protection Bureau XXXX XXXX XXXX
Company Response:
State: NV
Zip: 89044
Submitted Via: Web
Date Sent: 2024-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A