Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Hello, for the past year or so I have been getting letters attempting to collect a debt from XXXX from the resurgent companies of debt collection including, LVNV Funding and Resurgent and now XXXX and XXXX the XXXX law firm. I have disputed all these attempts and sent verification requests which have either been ignored or once they sent an alleged copy of a monthly statement and have repeatedly ignored my requests for actual verification of debt and their legal ability to collect it, including an original contract, a purchase agreement for the debt from the original creditor, and more against the fair debt collection act. It seems that after I request verification they just transfer it to another company within their network to avoid the verification request or send not up to power verification. This is my last attempt to stop this harassment before seeking legal remedy for violations of the fair debt collection act. I would appreciate your help to stop this illegal collection techniques and efforts. It says the original file number is XXXX
Company Response:
State: OH
Zip: 45069
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Receiving weekly mail correspondence from a debt collector Im certainly not familiar with. Upon discovery, the debt of {$4200.00} has already been charged off/ discharged. There is an umbrella of LLCs associated with these firms as that Ive received correspondence from as well. I also informed them Ive assumed my ALL CAPS/Strawman/ corporation name and authorization to use is not granted.
Company Response:
State: MI
Zip: 48187
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. So whenever there is a violation under the FCRA, it impairs the efficiency of the banking system. This is a violation of my privacy with my consumer report, since I control what is listed and what is not. In the event that any accounts are reported without my written consent, that is considered identity theft. This is a violation of both 15 U.S. Code 1681b ( 2 ) and 15 U.S. Code 1681c-2. This leads way to civil liability against the credit reporting agency for negligent and willful noncompliance under 15 U.S. Code 1681n, which allows for {$1000.00} per violation, for account listed without my expressed written consent.
Company Response:
State: TX
Zip: 77087
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring to your attention that my credit file contains a collection entry from your agency. However, I have never received any prior notification regarding this collection. Furthermore, I strongly believe that the debt being claimed is not accurate. According to the Fair Debt Collection Practices Act, I am entitled to request and receive validation of the debt. Therefore, I kindly request that you provide me with the necessary validation and take appropriate action to rectify this matter.
Company Response:
State: IL
Zip: 60619
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: My debt consolidation was working with the Creditor and agree to payoff debt and stay close on report
Company Response:
State: VA
Zip: 24073
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring to your attention that my credit file contains a collection entry from your agency. However, I have never received any prior notification regarding this collection. Furthermore, I strongly believe that the debt being claimed is not accurate. According to the Fair Debt Collection Practices Act, I am entitled to request and receive validation of the debt. Therefore, I kindly request that you provide me with the necessary validation and take appropriate action to rectify this matter.
Company Response:
State: IL
Zip: 60419
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: They're sending me emails about a debt of {$670.00} I do not owe. Me and my father have the same name and I believe he used my information to get a credit card in my name and because of this my credit score has been negatively impacted by this. My wife and I are trying to purchase a home and can not because of my score. This is a defamation to my character and livelihood.
Company Response:
State: MI
Zip: 48187
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received an email from my credit monitoring service that informed me that my credit profile was adversely impacted. I found that LVNV FUNDING LLC had illegally posted an alleged collection account to my credit report. I have never started nor an opened account with this company. My report shows that LVNV FUNDING LLC open account was opened on XX/XX/2020 with a balance of {$650.00}. By federal law, a debt collector is supposed to make contact with an alleged debtor and give them 30 days to validate or dispute before they move forward with collection attempts. I never received a letter in the mail that gave me 30 days to validate or dispute this account. I never received a letter stating that I have an alleged debt with this company and owe a balance on that account. I, a consumer defined under 15 USC 1692a ( 3 ), understand that, under the FDCPA guidelines for collection agencies, they have to provide ( 1 ) legitimate proof that they are the original holder of this debt and can legally hold me responsible for paying this debt and ( 2 ) contractual proof of obligation or an assignment SIGNED from an officer from the original creditors corporation that I am supposed to pay them. 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) grants me the right as a consumer to request validation of this alleged debt they say I owe. I fully understand 1692g. Validation of debts ( a ) Notice of debt ; that states within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, 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. ( b ) Disputed debts - If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ( c ) Admission of liability - The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I never received a notice of right to dispute nor did I receive any information to verify that the alleged debt with this company belonged to me. If I would have gotten anything in the mail from this company before they illegally reported to my credit report, I would have respectfully requested evidence that I am the person they are asking to pay this debt and a contractual obligation that legally binds me to pay them this debt. Upon them receiving my validation letter by certified mail with return receipt, they would have to legally cease from collection calls, letters, and efforts and delete the account from my credit reports until they can validate this debt. But again, I never received such a letter about this account ever in the mail because it was never sent. In order for them to prove that I received it properly, the proper letter should have been mailed certified mail with return receipt or by some form of proof of tracking that would require my signature. And if the company did mail anything to me, where is the legal proof of tracking or my signature stating that I received it? Where is the return receipt or postage signature showing that I received it and signed for it? But again, I never received any sort of mail or package. They have illegally posted and reported to my credit file without adhering to the FDCPA laws. Im not sure if this company is a scam, but I know that this company has broken FCRA and FDCPA laws by reporting an alleged account to my credit report without informing me through mail and I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. My credit has dropped tremendously in the middle of starting a business. Please help me get this account removed immediately. As a consumer, Im publicly publishing this descriptive complaint on www.consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. Under 12 CFR Part 1006 and as a consumer defined under 15 USC 1692a ( 3 ), I'm also preparing to sue under the FCRA and FDCPA because of the numerous consumer law violations committed by this company, damages to my credit and opportunity costs with making a major purchase, and business ventures that must be delayed until this illegal account is removed. It should not be my responsibility to submit proof that this debt does not belong to me. It is the responsibility of the debt collector to submit proof that they can legally collect on the alleged debt, legally report to the credit agencies, and follow all FCRA and FDCPA. As of this date, they have failed to do so. LVNV FUNDING LLC Resurgent Correspondence XXXX XXXX XXXX XXXX XXXX, SC XXXX
Company Response:
State: TN
Zip: 38118
Submitted Via: Web
Date Sent: 2023-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-30
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I keep being harassed by LVNV funding. But they always come back finding they did nothing wrong. Resurgent has closed the two accounts but lvnv funding. Is still reporting them. This isn't fair to me if they have closed something that LVNV funding is still reporting on them. resurgent capital. I would appreciate if they don't lie saying they haven't closed them. Or say they are unable to locate my account. One account is for XXXX and the other for XXXX XXXX XXXX for {$600.00}.
Company Response:
State: AL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-30
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: On XX/XX/XXXX my XXXX XXXX XXXX XXXX account was placed on a freeze/hold and a sum of XXXX $ was taken out of my account by a court XXXX of the XXXX XXXX XXXX for this debt collection account from XXXX from XXXX XXXX XXXX The company is LVNV funding llc. They placed a lawsuit in the court with the improper address, I received no notification of the lawsuit or debt due to them sending it to the wrong address. They have taken all my money out of my account without properly notifying me that I had a lawsuit to begin with. This is in fact illegal and violates the fair debt collections act not only bc the account is old ( XXXX ) but bc they did not properly notify me of a lawsuit and were able to place my bank account on hold and took money from my account leaving me with XXXX XXXX I attempted to contact them, and they stated that is the address they were given. No other attempts were made even by the court XXXX. Expedited emergency court hearing is scheduled XXXX XXXXXX/XX/XXXX for the objection to the bank levy I was never properly notified about. Dates and amounts are in attached documents.
Company Response:
State: NJ
Zip: 07712
Submitted Via: Web
Date Sent: 2023-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A