Date Received: 2023-02-07
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Original Contract with my wet signature on it? Creditors information address location phone number and agent that talk to me personally? Proof of payment history payments made and payments not made dates and issue documents? Proof of ownership and Authorization to collect?
Company Response:
State: FL
Zip: 34741
Submitted Via: Web
Date Sent: 2023-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-06
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This is regarding the Capital One Collections Account Reporting as OPEN with a Past Due balance of {$1400.00}. On XX/XX/2023 I sent a certified mail requesting this account be removed off my credit report. Since then the account has been updated to meets FCRA requirments. This is false for more than 1 reason. This account has been charged off. IRS defines charge offs as income, income CAN NOT be reported on a consumer report. I never received tax information regarding this account. I have disputed this account several times. This account is still reporting as a open account which is a direct violation as well! All three agencies are still reporting KNOWINGLY and WILLINGLY against my rights. Violating XXXX Compliant Reporting Standards, also violating 15 USC 1681 2 ( a ) ( 1 ) ( a ). The Fair Credit Reporting Act states that I have a right to fair and accurate credit report, you are required to remove any information that is not true, accurate, compliant, and verifiable I DEMAND that this account is removed.
Company Response:
State: MA
Zip: 01056
Submitted Via: Web
Date Sent: 2023-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-06
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: This debt was resolved with Resurgent and they are still reporting on my credit even though it shows that they would delete the tradeline from my credit report. They have affected my new construction home loan that I have been building for a year by reporting these on my report, and I need them to remove it since it was resolved.
Company Response:
State: TX
Zip: 75002
Submitted Via: Web
Date Sent: 2023-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-06
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I Sent my Dispute letters on XX/XX/2022. I asked the credit bureaus to " investigate every piece of information on my credit report accounts. I have attached a letter that includes all the accounts that are reporting inaccurately, I also have attached the letters I sent out to the Bureaus along with a tracking number. Here is the Tracking # XXXX According to the FRCA The term " investigative consumer report means a consumer report or portion thereof in which information on a consumers 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. More than 30 days have passed and the Credit Bureaus have failed to validate these debts by conducting a proper investigation. I was never provided with competent evidence that I have any legal obligation to pay you for this debt for the alleged account. Every piece of information on this account is not still reporting 100 % Accurate. According to the FRCA 15 USC 1681 everything has to be 100 % Accurate. My Dispute letters were received on XX/XX/2022. XXXX XXXX filed a lawsuit against me as of XX/XX/2022, without even validating the debt and conducting a proper investigation. I'm asking for this account to be DELETED from my credit report as soon as possible!!! In accordance with the Fair Credit Reporting act. The List of accounts listed below have violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account name : XXXX XXXX XXXX XXXX The account above has violated my rights. 15 U.S.C 1681 section 602 A. States 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 a account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code S 1692e ( 8 ) violation under the FDCPA debt collectors for false credit reporting False or misleading representations. 15 U.S. Code S 1681i - Procedure in case of disputed accuracy. 15 U.S. Code S 1681s2b - Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. Code S 1681e - Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. These are clear violations of my federally protected consumer rights.
Company Response:
State: TX
Zip: 77521
Submitted Via: Web
Date Sent: 2023-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-06
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: C/O RESURGENT CAPITAL SERVICES, XXXX XXXX XXXX XXXX, SC XXXX Amount : {$1300.00} Original Creditor XXXX XXXX XXXX XXXX XXXX Omg, this is not my account. I did not make these charges. This is horrible.
Company Response:
State: FL
Zip: 325XX
Submitted Via: Web
Date Sent: 2023-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXXXXXX XXXX XXXXXXXX sold my account to a third party which is trying to collect on a debt that was writing off as bad debt. This account has been on my credit report shown as bad debt for a period of time. The third party that is trying to collect on this matter have put this on my credit report as that i open this account on XX/XX/2023 which is not true. This illegal maneuver have cause my credit score to drop a XXXX points. This is a fraudulent act and should be rectify ASAP. I have sumitted a copy of the report showing the fraudulent act.
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXXXXXX XXXX SOC SEC # XXXX XXXX XX/XX/1990 ADDRESS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ATTENTIONION : IN RESPONSE TO CFPB : XXXX Whom It May Concern : According to the FDCPA you must validate a debt to a debtor if the debtor responds to your primary notice within a matter of days. Under the FDCPA and according to recent findings with the Federal Trade Commission, you must send valid proof of this debt and a printout of records is not valid. See FTC.gov staff attorney opinion findings for details. Please dont send back a print out. The proof requested is as follows : Please know that everything must match Alleged Name and Address of Creditor 1. Name on File of Alleged Debtor : 2. Alleged Account # : 3. Amount of alleged debt : 4. Date that this alleged debt became/becomes payable : 5. Date of original charge off or delinquency : 6. Amount paid if debt was purchased : 7. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 8. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. 9. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 10. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. I have put you on notice then I reserve the right to file a suit against you for FDCPA violations in my courts venue. You will have to travel to defend yourself in that scenario. Please also be advised that this request is an official validation of debt request and not a verification of address request. Proper proof of said debt is required. Please understand as well that under the FCRA any furnisher of information must put the account rating on hold while the debt is being investigated. Continuing to report this disputed debt to my credit reports is a FCRA violation also open to damages collected from you. Awaiting your reply in a timely manner. Sincerely, XXXX, XXXX
Company Response:
State: FL
Zip: 33771
Submitted Via: Web
Date Sent: 2023-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-07
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have contacted LVNV funding LLC and demanded they stop reporting False information on this account XXXX, I sent out a certified letter with tracking number on it on XX/XX/2022 a request for proper account level documentation of personal knowledge of said account and proof of real ownership, they pretend to report a past due balance, but i have never done any dealing with this company., but have been given the silent treatment..
Company Response:
State: CA
Zip: 90032
Submitted Via: Web
Date Sent: 2023-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-07
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: LVNV Funding # XXXX Dear Consumer Financial Protection Bureau XXXX I am writing to report a violation of the Fair Credit Reporting Act by LVNV Funding . This creditor has re-aged an account on my credit report, which is a violation of the FCRA. This account should be removed immediately from my credit report. The creditor has reported an account that was closed in XXXX as being open and active in XXXX. This is a clear violation of the FCRA, as it is illegal for creditors to report inaccurate information about accounts that have been closed or paid off. Reaging an account is a violation of the Fair Credit Reporting Act ( FCRA ). This act states that creditors must not report inaccurate information about a consumer 's credit history. Reaging an account involves changing the date of delinquency on a consumer 's credit report to make it appear as if the debt is more recent than it actually is. This can have a negative impact on a consumer 's credit score and can lead to higher interest rates or even denial of credit. I have included documentation with this letter to prove that the account was closed in XXXX and should not be reported as open or active on my credit report. I request that this account be removed from my credit report immediately and that any negative impact it has had on my credit score be reversed. Thank you for your time and attention to this matter.
Company Response:
State: IL
Zip: 60629
Submitted Via: Web
Date Sent: 2023-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Dear Consumer Financial Protection Bureau ( CFPB ), I am writing to dispute the actions of a debt collector, Resurgent Receivables, who has been violating my rights and causing harm to my credit reporting. The debt collector in question has been reporting a debt that I do not owe, which has caused significant damage to my credit score. I request that the CFPB take immediate action to rectify these violations of the law and provide extensive remedies for the harm that has been done to me. The following laws support my claims : The Fair Debt Collection Practices Act ( FDCPA ), XXXX U.S.C. 1692 et seq., prohibits debt collectors from making false or misleading statements about a debt, including the reporting of a debt that is not owed. The Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., requires debt collectors to accurately report debt information to credit reporting agencies. If Resurgent Receivables is reporting a debt that I do not owe, they are violating this law. The Michigan Collection Practices Act ( MCPA ), Mich. Comp. Laws 445.251 et seq., requires debt collectors to be registered in the state of Michigan before they can collect debt. If Resurgent Receivables is operating illegally by collecting debt without being registered, they are violating this law. I respectfully request that the CFPB investigate this matter and take appropriate action to rectify the violations of these laws and provide remedies for the harm that has been done to me. I would be happy to provide any additional information or documentation that may be necessary to support my claims. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX
Company Response:
State: MI
Zip: 490XX
Submitted Via: Web
Date Sent: 2023-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A