Date Received: 2023-03-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have no idea who this debt collector is. I have no accounts with this company and have never had any account opened with this company. Ive tried to dispute it several times and it has not been removed. Account info Account name XXXX XXXX Account number XXXX Account type Debt Buyer Responsibility Individual Date opened XX/XX/XXXX Status Collection account. {$820.00} past due as of XX/XX/XXXX. Status updated XX/XX/XXXXXXXX Balance {$820.00} Balance updated XX/XX/XXXXXXXX Recent payment $ XXXX Monthly payment {$0.00} Original balance - Highest balance {$0.00} Terms 1 Months On record until XX/XX/XXXXXXXX XXXX
Company Response:
State: ID
Zip: 83814
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: You have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) - Failure to validate this alleged debt. Please cease and desist all collection activities until you can properly validate this alleged debt. I have not done or agreed to do any business with Credence nor have I signed any contract with their company. I also have not given any credit bureau authorization to report this item therefore no permissible purpose exists. 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 this notice, I will 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 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney. FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages 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 -- ( 1 ) any actual damage sustained by such person as a result of such failure. ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. Your Options are as follows : Delete this account and cease and desist with all collection activities. Settlement ; or We go to court and you incur lawyer fees, plus pay me {$1000.00} per violation along with more in damages. This is a direct violation of my rights 15 USC 1681. NO AUTHORIZATION OR CONSENT WAS GIVEN BY ME TO GIVE Credence ACCESS TO MY REPORT OR TO FURNISH INFORMATION ON MY REPORT Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( b ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 5. Defamation of Character ( per se ) 6. Negligent Enablement of Identity Fraud 7. Fair Debt Collections Practices Act 15 USC 1692g violations 8. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Copy of link to Law Attached XXXX XXXX XXXX XXXX XXXX violations under the 15 us code 1681 and 15 us code 1681b ( FCRA ). The law clearly states the following 15 USC 1681b ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Meaning that if you do not have or have not gotten any written instructions from me ( THE CONSUMER ) to furnish an account on my report. It should not be there. That is a violation. I never gave written instructions to furnish any of the following accounts. Secondly according to the 15 USC 1681.The law clearly states. Accuracy and fairness of credit reporting. The Congress makes the following findings : 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. ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. The following accounts are inaccurate and are in clear violation of my privacy. Which is a violation of the law. This is embarrassing and damaging to my reputation as a consumer. As the consumer I demand the following accounts be DELETED from my credit report immediately.
Company Response:
State: TX
Zip: 79701
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: In XX/XX/XXXX I was planning to buy a home, so I applied for a mortgage. My application was denied due to multiple derogatory accounts due to identity theft. I was completely unaware until I was notified by the mortgage company. After extensive research I determined that my credit was pulled XXXX times by the identity thieves between XX/XX/XXXX and XX/XX/XXXX. As of right now I know that several accounts were opened, XXXX cars were purchased, and an apartment was rented. The identity thief contacted XXXX of my existing creditors which I had open accounts with by phone and impersonating me, told them that I had moved to Florida. These creditors were XXXX XXXX, XXXX XXXX and XXXX XXXX. Each of these accounts had a XXXX balance. The identity thief then charged up each of these cards, having the merchandise delivered to the home in Florida. I have never lived in Florida. I have gone through the process of reporting the identity theft to each of the creditors, filed a report with the FTC, filed a local police report, completed an identity theft affidavit and contacted the credit bureaus to resolve this situation. This has been a year of fighting to get my good name back. I have been able to resolve and remove the majority of these accounts, but I have XXXX remaining collection accounts that I have been unable to have removed, which is the reason for my complaint. The first collection account is XXXX for the debt with XXXX XXXX. I had disputed directly with XXXX XXXX, communicated by phone and mail and they removed the debt from my credit report. I was quite surprised to then get a collection account from XXXX. The account was opened XX/XX/XXXX in the amount of {$12000.00}. I immediately contacted XXXX and was asked to send them a copy of my identity theft package, which I did. This account has yet to be removed. I have sent in multiple requests for removal of this account and they have reported that it meets FCRA requirements, which clearly it does not. The second collection account that I have been unable to have removed is with XXXX for XXXX Apartments. This account is for an apartment that was rented in Florida with my identity. I have request removal for identity theft several times, and have had no success. With this account, it may not even be in my name, because my name is XXXX XXXX, and the identity thief opened multiple accounts under the name XXXX XXXX. The alternate name, Florida addresses, and different employers have all shown up on my credit report.
Company Response:
State: TX
Zip: 77479
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 already discharged in bankruptcy and is no longer owed
Consumer Complaint: I have reached to XXXX which is the original creditor and informed them the account is not correct they told me I would have to reach out to the collection agency XXXX have listed their self on my credit report listing three different thing one shows paid off and closed, one show charged off and one shoe as a collection for {$180.00} I have been fighting to get this unacceptable item removed off my report and no one have responded to the calls or 4 letters I have sent XXXX and lvnv funding I would like for this to be removed from my report
Company Response:
State: TX
Zip: 76010
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This company has reported to credit bureaus that I have agreed to pay the the collection in one month which is false and has hurt my debt to income ratio and score.
Company Response:
State: NY
Zip: 11422
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
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 have been trying to fix errors on my credit reports, and the companies have not been helpful. I have inquires that date back XXXX, XXXX XXXX that I have no knowledge of! I have requested help and even reached out to the creditors no help or any updates. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX There are also collections on my account the can not validate any information the credit companies XXXX XXXX and XXXX has not helped me with these matters XXXX XXXX XXXX {$2700.00} XXXX XXXX {$760.00} XXXX XXXX XXXX {$550.00} LVNV FUNDING {$490.00}
Company Response:
State: FL
Zip: 33169
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: This company sent me a statement that I owed a debt to them and I have never heard of them until I received this notice. They are damaging my reputation by putting negative information on my consumer report after receiving a cease and desist ; they have defaulted in responding to my debt validation requests and affidavit. I sent them notices and highlighted their violations.
Company Response:
State: GA
Zip: 30248
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: This company sent me a statement saying that I owed a debt to them and I have not heard of this company until receiving this notice. They have received a cease and desist and are damaging my reputation by putting this negative information on my consumer report after receiving such notice. This company has also defaulted in responding to my debt validation requests and affidavit of truth. I have also sent them highlighted violations they have committed.
Company Response:
State: GA
Zip: 30248
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Letters were sent to LVNV FUNDING LLC In regards to a XXXX rewards credit card issued by synchrony bank. The card was purchased by XXXX XXXX And then sold to a collector LVNV FUNDING LLC. LVNV Funding has disclosed false information on my credit report stating I owe XXXX XXXX XXXX dollars. The information was disputed in accordance with FCRA Requirements and XXXX letters were mailed with tracking to XXXX Funding asking for verification license numbers, how they came up with this debt and how they verified I owed them the debt. The response received was a statement from XXXX XXXXXXXX. This is not from the creditor that is listed on the credit report which XXXX XXXX XXXX. I have given lvnv funding more than 60 days to resolve and they have failed to do so. At this time I am asking they be investigated for fraud and violations of FCRA and remove any damaging false information that has been added to my credit report.
Company Response:
State: ME
Zip: 04210
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My name was used with someone named XXXX XXXX as a co signer to create this account without my knowledge. I never opened this account up. My identity was stolen and is being used to open several accounts fraudulently. I have had my data breeched four times since 2019. I've tried to resolve this issue several times to be able to actually open my own line of credit through XXXX XXXX in realizing there is already a fraudulent account. It's been a couple years that I've had this issue with lvnv funding inc and it stands the same today as they have kept it. Stubborn as they are they refuse to change or dispute the charge and won't listen to my report for them.
Company Response:
State: CA
Zip: 92106
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A