Date Received: 2023-02-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received an email from my credit monitoring service. I saw that my credit score had dropped a tremendous amount of points. I found that LVNV FUNDING had illegally posted an alleged collection account to my credit profile. Prior to the email, I have never heard of nor had an account with this company. My report shows that it is an open account and was opened on XX/XX/2022 with a balance of {$27000.00}. I have no knowledge of this company, nor this alleged debt. I have never had any dealings with this company. 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 receive 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. Again, I have absolutely no knowledge of this account with them. 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 did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. If I would have gotten anything in the mail or phone call 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 or phone call 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 postage that would require my signature. And if the company did mail anything to me, where is the legal proof of 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 because it was never sent. 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 or phone 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 score has dropped tremendously in the middle of me maintaining a healthy credit profile. Please help me get this account removed immediately. As a consumer, Im publicly publishing this descriptive complaint on 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. 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 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 and legally report to the credit agencies. As of this date, they have failed to do so. LVNV Funding LLC c/o XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, SC XXXX or call toll-free : XXXX.
Company Response:
State: FL
Zip: 32258
Submitted Via: Web
Date Sent: 2023-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: THE COMPANY RESURGENT RECEIVABLES LLC PURCHASED A DEBT FROM ANOTHER COMPANY AND I HAD NO INVOLVEMENT WITH THE TRANSACTION ACCORDING TO 15 USC 3002 I AM A NATURAL PERSON WHICH MEANS MY NAME IN ALL CAPS IS NOT MINE. MY NAME IS XXXX XXXX the 3rd. 15 USC 1692 ( A ) ( 1 ) The term " XXXX '' means the Bureau of Consumer Financial Protection. XXXX, XXXX, and XXXX are assumed to be credit Bureaus and there is only one Bureau and that is the Consumer Financial Protection Bureau. On XX/XX/1933, XXXX enacted XXXX to suspend the gold standard and to abrogate the gold clause. This resolution declared that " Whereas the holding or dealing in gold affect the public interest, and are therefore subject to proper regulation and restriction and restriction ; and whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency... are inconsistent with the declared policy of congress ... in the payment of debts. this resolution declared that any obligation requiring payment in gold or a particular kind of coin or currency, or in an amount in money policy, and.. Every obligation heretofore or hereafter incurred, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. 15 USC 1681 ( 3 ) ( E ) ( e ) The term " investigate consumer report '' means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information.
Company Response:
State: FL
Zip: 32256
Submitted Via: Web
Date Sent: 2023-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I was checking my credit report when I notice XXXX in resurgent was on my credit report. I never had a account with them and I would like to get this totally deleted and removed from my credit reports.
Company Response:
State: CT
Zip: 06451
Submitted Via: Web
Date Sent: 2023-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I'm sure you are aware of the provisions of the Fair Debt Collection Practices Act ( FDCPA ) so let it be known that I am requesting full validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and that there is some contractual obligation which is binding on me to pay it. I request that you stop contacting me by telephone, email and restrict your contact with me to writing only via us postal mail to my current mailing address and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, here is a list of the required documentation : Complete payment history, the requirement of which has been established by XXXX v XXXX, XXXX XXXX XXXX ; XXXX XXXXXXXX XXXX XXXXXXXX XXXX. Please provide verification by line item ( with an explanation of each item such as when the purchase took place, how much the item was, were the goods received, when were the goods received, etc. ) for the entire amount you say I owe obtained directly from the Original Creditor. Date of Last Activity My full, complete and correct social security number that may help to identify me as the correct person you are trying to collect from, Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. The obligation between you and I that allows you to collect on the alleged debt and any transactions between your company that binds me to an agreement to pay your company any money that you claim I owe. Proof of photo identification ( i.e., driver 's license, state identification card, or other government issued identification card ) that was presented to you at the time of incurring this debt. Purchase agreement or assignment from the original creditor to your company. ( Agreement with your client that grants you the authority to collect on this alleged debt. ) XXXX XXXX XXXX XXXXXXXX XXXX, XXXX, XXXX XXXX, XXXX ( XXXX., XXXX XXXX, XXXX ) - information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain : The source of a debt and the amount a bad debt buyer paid for plaintiff 's debt, how the amount sought was calculated, where at issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. Proof that this debt has not been written off as a tax liability, Any other intimate knowledge of the creation of the debt by you, the collection agency. I'm sure you know, under FDCPA Section 809 ( b ), you are not allowed to pursue collection activity until his debt is validated. You should be made aware that in XXXX v. XXXX XXXX, XXXX. XXXX XXXX ( XXXX XXXX XXXX ), the court ruled that reporting a collection account is, indeed, considered collection activity, You should also note that this is not a request for " Partial '' Validation but rather, it's a request for EVERYTHING listed here in order to constitute full and sufficient validation of this debt. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA and other statutes, I look forward to an uneventful resolution of this matter. This company is also not licensed to collect in my state. Which can be verified with XXXX XXXX XXXX. Which is another violation.
Company Response:
State: MS
Zip: 389XX
Submitted Via: Web
Date Sent: 2023-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-13
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On XX/XX/XXXX I received a collection notice from a company named Resurgent. Not only is this not my debt, this debt is from 23 years ago. The notice claims the debt was from the year XXXX ans is {$480.00} and {$1000.00} interest. I called Resurgent and they can not tell me the source of this debt because of the age of the debt, but told me they could sue for my assets. I told them this was not my debt The woman asked my to verify the last 4 digits of my SS # which I provided and was told the SS # they had was 1 digit off and it was probably a typo. Please I need help with this
Company Response:
State: RI
Zip: 028XX
Submitted Via: Web
Date Sent: 2023-02-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-13
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 is in violation of 15 U.S.C. 1681g. The information updated and modified is incorrect, inaccurate, and false. XXXX notified me " XXXX XXXXXXXX XXXX-UPDATED. '' Errors still exist on my credit report when I never had any creditor relationship with Original Creditor Name XXXX XXXX XXXX XXXX XXXX A nor XXXX XXXX XXXX XXXX I assert that XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX was ever my original creditor. XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX does not appear in my credit file as an original creditor, charge-off, past due balance, amount owed, collection, etc owed to XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX for an amount of {$1800.00} or any such amount. There is no debt owed to XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX as my original creditor because I never had any creditor relationship with XXXXXXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX XXXX failed to produce any documented evidence of how LVNV FUNDING, a Type Derogatory, Collection, or a Debt Buyer Account is owed a past due amount of {$1800.00} for a debt owed to XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX as the original creditor. There is no contractual agreement containing my signature to establish any creditor relationship that exists or existed between myself and XXXX XXXX XXXX XXXX XXXX XXXX nor XXXX XXXX XXXX XXXX. LVNV FUNDING is listed on my credit report for a Collection balance owed for a debt to Original Creditor as XXXX CXXXX XXXX XXXX XXXX XXXX Also known as XXXX XXXXXXXX BANK NA as the original creditor that is an error. XXXX remains in direct violation of The Fair Credit Reporting Act ( FCRA ) and LVNV FUNDING remains in direct violation of The Fair Debt Collection Practices Act. Updated and modified information is inaccurate, incorrect, and false. Without establishing an Original Creditor Relationship and a Contractual Agreement containing my signature, it would be impossible to verify any such Type of Derogatory, open, closed, charge-off, default, collection, balance, or amount due, etc.
Company Response:
State: GA
Zip: 30005
Submitted Via: Web
Date Sent: 2023-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have called and sent disputes for something that has adversely affected my credit. A XXXX XXXX ( 2nd time they gave a credit card in my name out without my actual authorization, in XXXX credit card. I called XXXX and they said it was XXXX Bank again. I did not ever authorize this. I only have 1 credit card and have never been late on it.
Company Response:
State: GA
Zip: 30024
Submitted Via: Web
Date Sent: 2023-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have blocked them but they are robo calling from different numbers and harassing me when the debt was discharged I received a 1099c so original debt was written off by the company and I received a 1099 misc form for taxes because they wrote off the debt so how can I be sent tax statement and old debt which I no longer have my records to verify to accurate debt that was even originally owed they pretend to be other companies change name on caller Id and call at hours that are inappropriate and it was written off so how can original debtor write it off their taxes and receive tax break and sell the same debt after discharging it does make any sense to me at all
Company Response:
State: MD
Zip: 21784
Submitted Via: Web
Date Sent: 2023-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am a victim of identity theft and I have submitted a notarized affidavit which serves as a legal document of my identity theft. I am also a victim of the XXXX breach and opted out of the settlement because I have suffered extreme losses due to the breach and the identity theft. I need the fraud accounts that are in my letter that is attached removed permanently from my file as I have also contacted the creditors as well. This is extreme in violation of my fair credit reporting act rights and I will seek legal recourse. I have also attached the printout of me being affected by the XXXX breach as well.
Company Response:
State: SC
Zip: 29016
Submitted Via: Web
Date Sent: 2023-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am victim of identity theft and someone used my personal information to obtain this fraudulent account in my name without my consent. I am requesting for your company to delete and remove this fraudulent account from all three major credit reporting agencies or legal actions will be taken against your company. I did not benefit from any goods or services of this fraudulent account. I have also attached a copy of my police report filed with the XXXX Police Department. My rights have been violated. XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: GA
Zip: 30305
Submitted Via: Web
Date Sent: 2023-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A