Date Received: 2023-06-25
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: While checking into the national multistate licensing system, I noticed XXXX XXXX XXXX is not licensed to collect in the XXXX XXXX XXXX and I have several that they are trying to collect on which is a violation. This needs to immediately ceased and deleted from all credit reports. Acct number : XXXX ( XXXX XXXX XXXX XXXX ) After deletion I need an updated credit report.
Company Response:
State: TX
Zip: 777XX
Submitted Via: Web
Date Sent: 2023-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: LVNV purchased my debt from credit XXXX, i set up a payment plan and on numerous occasions they wouldn't withdraw money from the account i gave them. This is frustrating because i got a letter from resurgent, not LNVN funding.
Company Response:
State: PA
Zip: 15235
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. I am disputing the following collection efforts being pursued by LVNV FUNDING LLC /RESURGENT CAPITAL SERVICES Acct # XXXX, in the amount of {$2500.00}. LVNV FUNDING LLC /RESURGENT CAPITAL SERVICES continues to report inaccurate, negative and derogatory remarks. The reporting of this inaccurate account has caused me severe damage to my character, as well as hurting my reputation, my general mode of living and my ability to obtain credit obligations for personal purposes. I have contacted them multiple times to remove this inaccurate, negative and derogatory remarks this from credit report and have not received any response. Additionally, I would like to emphasize that I have never had a contract with them or have done business with LVNV FUNDING LLC, and I have no legal obligation with this company There are several violations of the Fair Debt Collection Practices Act ( FDCPA ) committed by LVNV FUNDING LLC. LVNV FUNDING LLC has violated the following provisions of the FCRA : 15 USC 1681a ( 2 ) ( a ) ( i ) states the consumer reporting agencies can furnish a reporting under the following instructions : in accordance with the written instructions of the consumer to whom it relates. I never gave them written instructions to report the accounts listed above to my consumer report. 15 USC 1681 section 602 A ( 4 ) states I have the right to privacy. 15 USC 1681s-2 ( A ) states that A person shall not furnish any information relating to consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 18 USC 1028A- AGGRAVATED IDENTITY THEFT ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. As well as the following below : LVNV FUNDING LLC has violated the following provisions of the FDCPA : 1. Section 807 ( 2 ) ( A ) - Communication : LVNV FUNDING LLC has engaged in communication that could be considered harassing, oppressive, or abusive in their collection attempts. They have made repeated contact attempts without providing adequate verification of the debt or demonstrating their legal authority to collect. 2. Section 807 ( 3 ) - False Representation : LVNV FUNDING LLC has falsely represented themselves as the original creditor. They are a debt buyer or collection agency that has acquired the debt from the original creditor. This misrepresentation is misleading and violates the FDCPA. 3. Section 809 ( b ) - Validation of Debts : LVNV FUNDING LLC has failed to provide proper validation of the alleged debt upon my request. The FDCPA grants consumers the right to request validation of debts, and LVNV FUNDING LLC has not provided any substantial evidence that they are the rightful owner of the debt or that I am legally obligated to pay them. Furthermore, LVNV FUNDING LLC is collection agency who states that I have an alleged debt with them. They are a debt buyer or collection agency that has acquires debt from possible original creditors. As such, they have no inherent rights or legal standing to pursue collection efforts against me.
Company Response:
State: FL
Zip: 33172
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-26
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have sent this Resurgent Capital Services c/o LVNV Funding , LLC XXXX letters asking to verify this debt. They sent back a statement which does not validate the account. I requested 'I am again formally requesting a copy of any documents, bearing my signature, showing that I have a legally binding contractual obligation to pay you the alleged amount for the above XXXX accounts. Also they updated credit report with comments saying I disputed this account when I have only ask them to Validate the account.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-26
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent a letter certified mail to LVNV FUNDING LLC on XX/XX/2023 to ensure that this alleged debt is accurate and legitimate. LVNV FUNDING LLC received my letter certified mail on XX/XX/2023 ( green receipt attached below ). I demand LVNV FUNDING LLC respond immediately and send me copies of the : 1. cardholder agreement 2. documents that validate this alleged debt 3. all account statements I'm exercising my rights under the FDCPA
Company Response:
State: IL
Zip: 60607
Submitted Via: Web
Date Sent: 2023-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-24
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This debt does not belong to me. I am a victim of identity fraud in 2015.
Company Response:
State: TX
Zip: 77019
Submitted Via: Web
Date Sent: 2023-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Resurgent Capital Services L.P, Resurgent Receivables LLC, XXXX XXXX XXXX, and XXXX XXXX XXXX are aiding and abetting each other in an attempt to collect a debt from me that i do not owe. I have never done any business with nor have I ever heard of Resurgent Capital Services L.P, Resurgent Receivables LLC, or XXXX XXXX XXXX and I have no contracts with either of them including XXXX XXXX XXXX. Banks are securities transfer agents that only have the power to borrow and exchange. Since you are all attempting to collect an alleged debt for XXXX XXXX XXXX, in order to prove I owe this debt, you must provide the Certificate of Indebtedness. Without providing the Certificate of Indebtedness you can not collect. This kind of activity suggests you are all aiding and abetting each other in committing Securities Fraud. Billing statements and consumer credit contracts or agreements are insufficient forms of debt validation and or verification, Pacific Concrete F.C.U v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ) ; GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ) ; Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super. 2000 ) ; Town of Brookfield v. Candlewood Shores Estates , Inc. 513A.2d 1218, 201 Conn.I ( 1986 ) ; Solon v. Godbole , 163 III. App. 3d 845, 114 III. Dec. 890,516 N. E.2d 1045 ( 3 Dist. 1987 ). You are all currently aiding and abetting one another in committing fraud and extortion. By advertising this alleged debt to me and or any other person by any means, including but not limited to a consumer report, you are all participating in debt collection practices and acting as financial institutions. Advertising this alleged debt, which directly affects my credit score and rating, is an indirect way of helping to collect the amount of the alleged debt from me by coercing payment to you or to XXXX XXXX XXXX. If you do not immediately remove this from my consumer report, cease all collection attempts, cease and desist all communication with me, unless it pertains to the removal of this account from my report, I will have no choice but to contact the Attorney Generals Office, The Office of the Comptroller of Currency, The Federal Trade Commission, The Securities Exchange Commission, The IRS Treasury, The Treasury Direct, and the appropriate district court to file a claim of federal charges against you including but not limited to conspiracy, fraud, extortion, and identity theft. Extortion is a violent crime
Company Response:
State: NY
Zip: 11412
Submitted Via: Web
Date Sent: 2023-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: LVNV Funding I get XXXX calls daily - I answer every time I say hello several times and they hang up I called back - I told them if this is the {$97.00} XXXX balance it was paid years ago and has been disputed since 2019 - I have spent years trying to resolve this and no one ever does the research to mark this paid and remove it from my file and STOP calling me 3 times a day They call on Sunday- they never speak to me I always have to call back - they are harassing and bothering me by calling but refusing to speak to me These collection tactics violate the 7:7 rule and it needs to stop - I have hired and attorney to file a counter claim against them for damages
Company Response:
State: MS
Zip: 39402
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: LVNV FUNDING LLC is currently reporting on all three major consumer reporting bureaus that I owe their company {$17000.00}. XXXX started on XX/XX/2022 and is currently still active. I've sent them written notice in which I haven't received a response. I don't know who this company is nor do I do I have any documentation with my signature nor verbal agreement with this company, so I have no contractual agreement with this company. I demand this be removed from consumer report immediately. As a ramification due to this fraudulent account, I was discriminated against & denied my right to be extended credit. Nevertheless, I have suffered XXXX and XXXX stress because of this false and negative credit bureau reporting.
Company Response:
State: GA
Zip: 30813
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: They called me when I asked for them to stop and would start threatening me sometimes.
Company Response:
State: CA
Zip: 95815
Submitted Via: Web
Date Sent: 2023-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A