Date Received: 2023-05-22
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: My initials are XXXX. I have submitted the following complaint to LVNV Funding and their servicing company Resurgent Capital Services : This letter is in response to your recent claim regarding the aforementioned account, in which you claim that I owe a balance to your organization. IN VIOLATION OF MY RIGHTS I HAVE NO record of having received a first communication from LVNV Funding, LLC nor a second communication 5 days after such an initial communication pursuant to 15 U.S.C. 1692g ( a ) which requires debt collectors to provide a written notice including certain information to consumers along with, or within five days of, the initial contact with the consumer. Where is the PROOF of your delivery that said communication was EVER sent? Yet again, you still need to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. As per the FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a bill or itemized document printout does not constitute verification. 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. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete and represents a very serious error in your reporting. I also am maintaining a full and complete record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your non-compliance with federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compliance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) I may also seek actual and punitive damages as the court may allow Additionally, I may make a motion for a trial by jury If you can not produce the necessary documentation I require, and your organization and LVNV fails to delete these 2 entries from my credit report within 10 days of receipt of this letter, I will seek legal recourse against your organizations. You will be required to appear in a court venue local to me, in order to formally defend yourself. My contact information is as follows :
Company Response:
State: MO
Zip: 63043
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am not liable for this debt with XXXX XXXX XXXX XXXX and did not have a contract with LVNV FUNDING LLC. They did not provide me with the original application or anything I signed with them.
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-22
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: I was a victim of identity theft in the military and I sent in all the proper paperwork and information to the credit bureaus to have them accurately fix these issues. Some of these items are taken off of some of the 3 bureaus and still reporting on the other. The process should be the same for one and the other. While in the Military it is hard to contact the credit bureaus from overseas and I am fed up. This has been going on for over 5 years. I sent in FTC reports and also a FBI Victim report because the Feds caught the guys with id and drivers license in my name and arrested some of them. XXXX : XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX BALANCE XXXX $ XX/XX/XXXX ALL THESE ACCOUNTS BEEN CORRECTED ON XXXX AND XXXX BUT NOT XXXX XXXX XXXX : LVNV FUNDING LLC XX/XX/XXXX XXXX REPORTED THIS ACCOUNT THAT WAS FRAUD AND DELETED PREVIOUSLY FROM XXXX XXXX THE PURCHASED SOME DEBT FROM SOMEWHERE AND REPORTED THIS TO MY CREDIT I TOLD THEM THAT IT WAS FRAUD AND DELETED BY THE CREDITOR.
Company Response:
State: GA
Zip: 30319
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am not liable for this debt with XXXX XXXX XXXX XXXX and did not have a contract with LVNV FUNDING. They did not provide me with the original application like I asked.
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV funding and XXXX is in violation of the fair debt collection act they refuse to remove this collection account from my credit report when i asked LVNV for something bearing my signature that this account belongs to me they provided me a PDF account numbers were incorrect the statments they sent were contain errors in spelling my name looks like it was editted its to close together the r in for looks like this is a fake document.. i will not pay this account because they failed to verify with proof that this account belongs to me my social isnt anywhere on this document. nothing with my signature. this company is in violation of the fair debt collection act and i ask that this account be removed from my credit report because it is making it very hard to get approved for credit when they are reporting this inaccurate information on my credit report ( which is a violation of up to XXXX $ ) they refuse to provide anything bearing my signature and i ask you the CFPB to help me get this inaccurate information removed from my credit report.
Company Response:
State: OH
Zip: 44135
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-22
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX You are in Direct Violation of The Fair Credit Reporting Act : Collection : ( LVNV Funding LLC- XXXX XXXX XXXX ) , has violated several of my rights 15 U.S.C 1881 section 602 A. Clearly states that I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1666B : A creditor may not treat a payment on a credit card account under open-end consumer credit plan as late for any purpose. Remove these late payment and update this account immediately as you are in direct violation of several laws under The Fair Credit Reporting Act.
Company Response:
State: MI
Zip: 48219
Submitted Via: Web
Date Sent: 2023-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This account is inaccurately and erroneously reported. Their intentional and willful furnishing of inaccurate information is a violation of FCRA Section 623 and according to FCRA Section 611, you MUST delete this immediately. LVNVFUNDG XXXX XXXX XXXX : {$2200.00} LVNVFUNDG XXXX XXXX XXXX : {$1300.00}
Company Response:
State: CO
Zip: 80130
Submitted Via: Web
Date Sent: 2023-05-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617/// THIS COMPANY IS REPORTING AN ACCOUNT ON MY CREDIT THAT IS NOT MINE/INACCURATE.FRAUD. I DID NOT GIVE NY PERMISSION TO REPORT THIS ACCOUNT AND I WAS NOT NOTIFIED THAT THIS ACCOUNT WAS OR WILL BE REPORTED TO MY CREDIT REPORT.
Company Response:
State: FL
Zip: 33604
Submitted Via: Web
Date Sent: 2023-05-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-21
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Resurgent Capital Services is mail me a collect on an old debt that date end XX/XX/2010 violate statute of limitations debt.
Company Response:
State: CA
Zip: 92056
Submitted Via: Web
Date Sent: 2023-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-21
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2023, I mailed a letter to LVNV Funding/Resurgent Capital referencing account XXXX. I requested full validation of this debt, proof that I am indeed the party they are asking to pay this debt, and proof there is some contractual obligation that is binding for me to pay it. I requested that LVNV Funding/Resurgent Capital stop contacting me by telephone and email and restrict their contact with me to writing only via postal mail to my current mailing address only when they can provide adequate validation of this debt. On XX/XX/2023, LVNV Funding/Resurgent Capital sent me an account summary which is not proof of ownership and the right to collect on the debt. LVNV Funding/Resurgent Capital communicated with me after a cease and desist was requested in the letter. LVNV Funding/Resurgent Capital failed to provide me with a purchase agreement that lets me know who has had ownership of the debt, how they can collect on the debt, and if they can sue for the debt.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A