Date Received: 2023-03-03
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I Iam a natural person, Iam a living human being, I have rights under 15 USC 1681. I do not recall having accounts with these business please verify -original contract with my signature -creditor information -payment history -proof of ownership Due to this inaccurate accounts my life as been impossible with trying to get a home and vehicle and need to be treated fairly and remove the information that should have never been on my report in the first place XXXX is govern by 15 USC 1681. They have violated my personal rights numerous times. I demand the accounts listed below be removed because According to 15 USC 1681 : I have the right to privacy and never have I given XXXX written permission to furnish these accounts 15 U.S.C 1692C : without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. XXXX is govern by 15 USC 1681. They have violated my personal rights numerous times. I demand the accounts listed below be removed because According to 15 USC 1681 : I have the right to privacy and never have I given XXXX written permission to furnish these accounts 15 U.S.C 1692C : without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt Accounts : 1XXXX XXXX XXXX XXXX XXXX & XXXX 3.XXXX XXXX XXXX 4.XXXX XXXX 5.XXXX XXXX 6XXXX XXXXXXXX XXXX XXXX XXXX- Account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX- XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXe XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX- Account XXXX XXXX XXXX XXXX XXXX- XXXX XXXXXXXX XXXX XXXX- XXXX
Company Response:
State: NJ
Zip: 08055
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: First and foremost, XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX ), and its client LVNV Funding LLC ( Plaintiff ), are pursuing the wrong party ; I am not the person that owes the debt and have unimpeachable proof. On XX/XX/XXXX, I received a letter from XXXX XXXX with included information about the subject debt, followed by a 100 % false statement : Despite our previous request for payment in the above-referenced matter, there remains a balance due, and you have not established an acceptable payment plan with us. The implication was that Plaintiff or XXXX XXXX had previously requested payment for the debt from me, which is false. Aside from the fact that the debt is not mine, the fact I was never contacted previously about this debt negates the possibility that I would have established a payment plan especially because its not my debt. Because I had never previously had any contact with XXXX XXXX or Plaintiff, the entire letter was a total fabrication. To this day, I have no idea why Plaintiff picked me out of the hundreds of similar names in existence ; its not an unusual name. I suspected this was a scam. Using the Fair Debt Collection Practices Act ( FDCPA ) as a guide, I responded in a letter dated XX/XX/XXXX, via Certified Mail, requesting five documents of proof knowing that Plaintiff could not ( without fraudulent activities ) prove I am the debtor because, as I said, I am not the debtor. Those five items were : 1. The name and address of the original creditor, the account number, and the amount owed. 2. Verification that there is a valid basis for claiming I am required to pay the current amount owed. 3. Details about the age and amount of the debt including a copy of the last billing statement from the original creditor ; a detailed explanation of any interest added, or payments made since the last billing statement and the legal authorization for this interest ; the date the original creditor claims this debt became delinquent. 4. Proof that collection of this debt is within the statute of limitations and how that was determined. 5. Details about XXXX XXXX authority to collect this debt : whether they are licensed in my state and if so, provide the date of the license, name on the license and the license number, and the name, address and telephone number of the state agency issuing the license. If XXXX XXXX is contacting me from outside my state, provide the licensing information from XXXX XXXX state as well. And of those five, the only document and the only other contact with XXXX XXXX or Plaintiff prior to being served a summons was the name and address of the original creditor, the account number, and the amount owed, and proved to be highly exculpatory, demonstrating Plaintiff and XXXX XXXX were not pursuing the correct person. It came neither from the XXXX XXXX nor the Plaintiff, but from Resurgent Capital Services ( Servicer ), an apparent servicing company working for the Plaintiff. That letter, dated XX/XX/XXXX, included a document created entirely by Servicer naming me the debtor on one page ; the other document provided was a copy of a XXXX XXXX Bank charge card ( Bank Card ) statement for the period ending XX/XX/XXXX, Account Number XXXX XXXX XXXX in the name XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX IL XXXX. That is not how I spell my name and that address is 120 miles from where I live. I received none of the other documents requested in my XX/XX/XXXX letter prior to being served the summons. Much has still not been provided. Servicer has sent me the same document ( s ) three times. Importantly, I never received any verification that there is a valid basis for claiming that I, XXXX XXXX of XXXX, Illinois, is required to pay this debt. In the entire history of this case, I had received three contacts from the XXXX XXXX : the original XX/XX/XXXX letter, the summons which was personally served to me XX/XX/XXXX, and an email response stating they do nothing by email after I had emailed them for more information. No phone calls, no emails, no verification, nothing, ever. I never received anything at all from Bank Card because we never had a Bank Card account. They would have had zero reason to contact me. As I understand the requirements of the FDCPA, the Plaintiff was required to provide me all of the documents requested in my XX/XX/XXXX letter prior to taking court action. Because nothing besides the exculpatory document was provided prior to filing suit, it seems Plaintiff and XXXX XXXX are therefore in violation of that act. Aside from violation of the FDCPA, the most pertinent issue is, as I have previously stated, I am not, nor is my wife, the person that owes this debt. Neither my wife nor I have lived in XXXX XXXX, nor have we been employed in that area. In fact, after finding it on an Illinois map, we do not think we have ever set foot in or even driven through XXXX XXXX. We have lived and owned homes in XXXX, IL for the past 48 years our entire adult lives- with no break in residency. XX/XX/XXXX marked my familys fortieth anniversary living in our current house at XXXX XXXXXXXX XXXX XXXX, Illinois. I have proof. ( Copies of the original real estate transaction, real estate tax payments, utility bills, drivers licenses, passports, credit card bills and other documents ). And once again, I have never received any verification that I am somehow liable for the debtor with the similar name as mine from XXXX XXXX, Illinois. With a credit score of over 800, I have reports from the three major credit bureaus as proof of my honesty, integrity, reliability, and creditworthiness. Most importantly there is a total absence of a Bank Card account listing or any mention of a past due Bank Card account on those credit bureau reports because we never had a Bank Card account. I dont spell my name the same way as in this charge. I have never used the spelling of the debtor who owes this debt. Therefore, I do not have an AKA as XXXX as the plaintiff claims. At this time, I must note that in the complaint, the attached exhibit of the Bank Card statement in which the original name and address of the correct debtor should be listed, that information has mysteriously been deleted or covered upon copying. The complaint was signed by a XXXX XXXX attorney under penalty of perjury and stated that the attached bank statement displayed my name and address, a falsehood. Any reasonable person would interpret this falsehood as improper at the very least ; some might say its even fraudulent. The reason it was covered up obviously is because the name and address on the original un-doctored document is exculpatory and doesnt fit the plaintiffs narrative. Note that I originally asked XXXX XXXX for verification XX/XX/XXXX, twice more in XXXX and nothing was ever provided in the one year since the original request. Absent verification that I am the one liable for this debt, there seemed to be no reason the case should continue but it took three hearings and nearly five months before the plaintiff motioned for dismissal of the case in XX/XX/XXXX. Furthermore, in the complaint the Plaintiff attaches undue importance to the fact I did not respond to my receipt of the exculpatory Bank Card statement provided by Resurgent. There were four very important reasons why I had not yet responded : 1 ) the proof they provided was simply the name and address of the original debtor, 2 ) there was no verification that I owed the debt on behalf of the original debtor, 3 ) I had already previously denied I personally owed the debt ( how many times do I need to state that fact? ), and 4 ) I was waiting on the remainder of the requested documents to see if they looked as illegitimate as the statement with someone elses name and address on it. The FDCPA addresses this issue specifically. Neither the XX/XX/XXXX letter from XXXX XXXX nor the XX/XX/XXXX mailing from Servicer had the required FDCPA language, a statement that unless the consumer, within 30 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. Furthermore, the FDCPA also states, 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. As previously stated, nothing else was provided prior to the filing of the complaint and there are still documents that have not been provided. Finally, using consumer background tools on the internet I was easily able to find that the original name and address of the debtor still exists. I suspect, however, that the plaintiff knows full well that I am not the correct person that owes this debt and was simply hoping I wasnt paying attention because they are having trouble finding and or collecting from the real debtor from XXXX XXXX. Plaintiff and XXXX XXXX represent their seedy industry well. Incompetence, deviousness or maliciousness cost me money and significant time. I ask for {$1200.00} for compensation. I also request that XXXX XXXX make a motion to the XXXX XXXX Circuit Court, XXXX, IL to amend its dismissal of this case from without prejudice to with prejudice.
Company Response:
State: IL
Zip: 617XX
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: These items are not mine. Please assist in removing them.
Company Response:
State: TX
Zip: 77642
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I asked them to remove the file off of my credit report.
Company Response:
State: IL
Zip: 60649
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
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: XXXX XXXX file number XXXX, LVNV funding needs to provide 100 % complete and accurate verification of the documentation submitted to the credit bureaus to verify this alleged debt.
Company Response:
State: UT
Zip: 841XX
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt is not mine. I have no knowledge of this account and filed a report an online fraud report already. I have disputed this through the credit bureaus and no action was taken, nor was proof of the investigation provided to me. Debt amount is showing as {$1100.00}.
Company Response:
State: NE
Zip: 68046
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Sent letter to collection agency Resurgent Capitol Services to remove the alleged debt of {$860.00} from my transunion credit report. Letter was sent on XXXX XXXX. According to the FDCPA, i have the rights to request validation of the alleged debt and competent evidence that bears my signature and shows I have some contractual obligation to pay this company. They presented no viable evidence bearing my signature showing the account is being reported accurately. As per FTC opinion letter from Attorney General, XXXX XXXX XXXX, a printout of a bill or document does not constitute verification i received two printout pages from them without any viable evidence this is mind Any printer can produce fraudulent documents. Violation of Fair Debt Collection Practices Act ( including but not limited to section 807-8 ) and Violation of Fair Credit Reporting Act ( including but not limited to section 623-b )
Company Response:
State: NY
Zip: 11010
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: XXXX XXXX 2022 Debt was a high interest loan higher than normal and I couldnt pay it down fast enough. So I tried getting a affordable payment plan, perhaps a few months to start because of a unemployment issue. Now the debt been sold and is on my credit report causing damage to my credibility and character.
Company Response:
State: MD
Zip: 21213
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I recently pulled my credit report to find that LVNV funding was listed as a collections with all 3 bureaus. I havent received any paperwork or phone calls from this company regarding any balance owed.
Company Response:
State: OH
Zip: 45324
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Improper use of your report
Subissue: Received unsolicited financial product or insurance offers after opting out
Consumer Complaint: The two open collections on my credit report are from a company Ive never done business with. Ive never signed any documentation with these companies nor have I ever been in contract with these companies before. These account were charged off by the original companies a few years ago, to my husband loosing employment because of COVID. I have written several cease and desist letters to XXXX XXXX XXXX and LVNV FUNDING LLC explaining this to no avail. So I am questing your assistance in this matter, please!
Company Response:
State: FL
Zip: 32839
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A