Date Received: 2023-02-04
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 am writing to file a complaint regarding inaccurate information in my credit report. I believe that this information is in violation of the Fair Credit Reporting Act ( FCRA ) and I am seeking its removal.Currently, it seems the CRA 's are trying to wrongfully initiate more disputes, when I have instructed them to remove the inaccurate and erroneous information. The information in question is : LVNV FUNDING LLC XXXX LVNV FUNDING LLC XXXX LVNV FUNDING LLC XXXX This information is incorrect and has been removed from the two of three CRA 's. XXXX is the only CRA still reporting this inaccurate information. They continue to perform illegal disputes and investigations without providing any information. As you are aware, the FCRA requires credit reporting agencies ( CRAs ) to maintain reasonable procedures to ensure the maximum possible accuracy of the information in their credit reports. Specifically, Section 623 of the FCRA requires CRAs to maintain reasonable procedures to ensure the accuracy of the information in their credit reports, as well as to reinvestigate consumer disputes if the consumer provides new information ( 623 ( a ) ( 1 ) and ( b ) ). Furnishers of credit information are also required to provide complete and accurate information to CRAs ( 623 ( a ) ( 2 ) ). Furthermore, CRAs are required to delete information that is outdated, incorrect, or can not be verified ( 623 ( c ) ). In light of these requirements, I demand that the negative information in question be removed from my credit report immediately. I have already taken steps to dispute the accuracy of this information with the credit reporting agency, but to no avail. I believe that this information is damaging to my credit standing and I am entitled to a fair and accurate credit report under the FCRA. I also would like to bring to your attention that I have also reviewed my rights under Section 609 of the FCRA, which requires credit reporting agencies to provide consumers with a notice of their rights when they receive a copy of their credit report. This notice must include information about the consumer 's right to dispute errors in their credit report and to request a credit score. Section 611 of the FCRA requires CRAs to investigate consumer disputes and to correct or delete inaccurate or incomplete information in their credit reports. Section 615 of the FCRA requires CRAs to follow reasonable procedures to ensure the accuracy of the information in their credit reports. I kindly request that you take immediate action to investigate this matter and to remove the inaccurate information from my credit report as soon as possible. I look forward to hearing back from you regarding the resolution of this matter. Thank you for your time and attention to this matter.
Company Response:
State: FL
Zip: 33327
Submitted Via: Web
Date Sent: 2023-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-04
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Never received notice to dispute. Resurgent / LVNV Funding placed this negative item on my credit reports without notifying me. This is an violation of the early-warning notice clause of FACTA act Section 623 ( A ) ( 7 ). This law requires all creditors and collectors to notify me by mail before placing negative items on my credit reports.
Company Response:
State: PA
Zip: 19114
Submitted Via: Web
Date Sent: 2023-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-04
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Account name RESURGENT/LVNV FUNDING Account number XXXX .... Recent balance {$25000.00} as of XX/XX/XXXX Date opened XX/XX/XXXX Status Collection account. {$25000.00} past due as of XX/XX/XXXX. RESURGENT/LVNV FUNDING Account number XXXX .... Recent balance {$26000.00} as of XX/XX/XXXX Date opened XX/XX/XXXX Status Collection account. {$26000.00} past due as of XX/XX/XXXX. RESURGENT/LVNV FUNDING Account number XXXX .... Recent balance {$29000.00} as of XX/XX/XXXX Date opened XX/XX/XXXX Status Collection account. {$29000.00} past due as of XX/XX/XXXX. RESURGENT/LVNV FUNDING Account number XXXX .... Recent balance {$9800.00} as of XX/XX/XXXX Date opened XX/XX/XXXX Status Collection account. {$9800.00} past due as of XX/XX/XXXX.
Company Response:
State: VA
Zip: 23462
Submitted Via: Web
Date Sent: 2023-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-04
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: CFPB complaint : On XX/XX/XXXX, I placed phone call to XXXX XXXX XXXX XXXX in response to a call I received from them. ( XXXX ) XXXX They informed me about their attempt to collect debt they claimed I owed LVNV Funding LLC for a total of {$1100.00}. The original creditor of this debt was XXXX XXXX XXXX. Upon my request, they agreed on sending me information in writing about such account. On XX/XX/XXXX and XX/XX/XXXX, Resurgent capital services sent me two letters with 2 attachments : a credit card statement and an account summary. These documents indicated that the account origination date was XX/XX/XXXX and account charged off on XX/XX/XXXX. I replied via certified mail requesting validation of debt as belonging to me by provision of the original contract signed agreement. I requested that information twice. Resurgent Services, replied to me twice not providing the contract signed agreement but the copies of the card card statement and the account summary.
Company Response:
State: FL
Zip: 327XX
Submitted Via: Web
Date Sent: 2023-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-05
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: I am XXXX XXXX XXXX and I have send letter and wrote each credit company and also keep putting the fraud account since my husband death. I dont know where to do LVNV funding # XXXX XXXX XXXX XXXXXXXX XXXX XXXX account never had a XXXX XXXX XXXX XXXX XXXX XXXX XXXX I tried a credit repair didnt do anything I can not afford I never lived in New York for some kind cable I dont want to file bankruptcy at all if these people dont listen
Company Response:
State: FL
Zip: 33025
Submitted Via: Web
Date Sent: 2023-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-05
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I sent two letters for validation to Lvnv Funding LLC on an account posted to my credit report. First letter sent XX/XX/22 with NO response. Second letter sent on XX/XX/22 again NO response with validation. After no success with the collection company, I then sent two letters of validation to XXXX credit bureau to have the account validated. First letter sent XX/XX/22 No response. Sent a second letter XX/XX/22 NO response with validation.
Company Response:
State: NY
Zip: 11212
Submitted Via: Web
Date Sent: 2023-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding, LLC Resurgent Acquisitions LLC Resurgent Capital Services XXXX XXXX XXXX XXXX Notice of Legal Hold and Debt Validation Demand for account ending XXXX This letter is being sent to you in response to your Debt Collection attempt of the debt I purportedly owe to LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX. in the amount of {$1400.00}. I never heard about LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services as my alleged creditors or representatives of my Creditor and never received any mandatory Notices under FDCPA about LVNV Funding, XXXX, Resurgent Acquisitions LLC, Resurgent Capital Services intent to collect from me as required under FDCPA. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. Please also be advised that I plan to file an Adversary Complaint as ProSe, under Rule XXXX ( 2 ) to determine Validity of Claim where all of named above entities - LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX will be included as co-defendants. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following : Please provide me a Written Warranty of Ownership of my alleged debt by ANY company who claims to be the owner of this debt, signed by an individual employee of this XXXX who is responsible for accounting or bookkeeping. Please disclose if the Account receivable for this alleged debt was established and currently exists in books and records of ANY company who claims to be my XXXX. Please provide me a copy of account receivable LEDGER for this account receivable wet-ink signed by an individual employee of my Creditor who is responsible for collection and administration of my alleged debt. Please disclose how LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services or XXXX XXXX became my XXXX. If it was a purchase of this alleged debt, please provide me a proof of payment such as wire transfer receipt, ACH or cancelled check. Please provide me FULL mailing address and direct contact information for XXXX XXXX from Resurgent Capital Services since I can not issue them Summons to a XXXX XXXX XXXX Please provide me copies of Notices under FDCPA sent to me by these alleged XXXX where they intended to collect any money from me. What the money you say I owe is for ; Explain and show me how you calculated what you say I owe ; Provide me with copies of any papers that show I agreed to pay what you say I owe ; provide me a proof of purchase of my debt, if any Please provide me a copy of retainer and confirmation sale of my purported debt to LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services by XXXX. Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent. Please provide me evidence if my Promissory Note as Appeared on the Application for the Credit was processed by XXXX in accordance with XXXX. Was it placed as a receivable to XXXX account to generate profits? If yes, please state how much profits were generated by using my signature on the XXXX as an XXXX on XXXX balance sheets. Please state if my promissory Note was securitized and sold to investors for cash and how much profits XXXX received by trading on my name, signature and reputation on the open markets. Please send me a document where it said that I allowed XXXX to use my name, signature and reputation to trade on the open market as a security to generate profits. At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus XXXX XXXX, XXXX or XXXX ) this action might constitute fraud under both XXXX XXXX XXXX XXXX Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act ; Violation of the Fair Debt Collection Practices Act ; Defamation of Character. If your offices are able to provide the proper documentation as requested, I will require at least XXXX XXXX to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within XXXX XXXX from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any XXXX parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Furthermore, This Notice is to inform you that I plan to file a legal action for violations of FDCPA and XXXX XXXXXXXX XXXX XXXX XXXX Act, 18 U.S.C 1961-1968. I demand you to put legal hold on all documents related to this alleged debt and transfers, including all origination documents ; and copies of all communication with any XXXX, LVNV Funding, LLC, Resurgent Acquisitions LLC, Resurgent Capital Services representative, including but not limited to letters, emails, faxes, ect. I want to stress out the importance of my request. When Companies facing litigation and regulatory or enforcement proceedings today, they must bear not only the enormous burdens of electronic discovery, but also the risk of increasingly expensive penalties for failing to preserve email and business records from the earliest possible moment after a dispute arises. Charges and liabilities for aiding and abetting wrongful conduct XXXX with these challenges, its is essential that your Companies issue litigation holds as soon as any type of formal legal proceeding is reasonably anticipated. Both, civil and Federal courts have held that the failure to design and implement an adequate litigation hold may constitute negligence. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), a defendant was held in contempt of court for its failure to implement an adequate litigation hold. The court entered a default judgment and required the defendant to pay plaintiff 's costs and attorneys ' fees. Please be advised that I place a litigation hold on all and any documents. You must preserve and retain all paper files and electronically stored information that is related to this matter. In the paragraphs below, I have outlined my recommendations for ensuring that all potentially relevant evidence is preserved. I can not stress enough the importance of taking immediate actions to preserve this information as failure to take adequate steps to collect and preserve evidence, including electronic evidence, could result in severe sanctions being imposed by the XXXX for spoliation of evidence. I recommend that you take the following XXXX steps to ensure that all date, including electronic date, is preserved : XXXX. You should agree on XXXX person to take a lead in preserving all information potentially relevant to this matter. This person will insure that these steps are taken in their entirety, and that steps are not accidentally skipped because they all assume that the other is taking care of it. XXXX. You should develop a strategy for preserving ALL electronic data in their possession, including consulting an XXXX XXXX XXXX if necessary. You are required to preserve all electronic data, including but not limited to, emails, electronic documents ( such as documents created using XXXX XXXX, XXXX, XXXX XXXX and the like ) ; data generated by calendaring, task management, and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ; data created with the use of document management software ; all data created with the use of paper and electronic mail logging and routing software ; all Internet and Web browser generated history files, caches and cookies files ; all electronic activity logs ; and employee personal e-mail accounts. You must preserve all potentially relevant data, regardless of whether it is contained on business or personal computer, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If you automatically dispose of or recycle digital or paper files, digital back-up files/tapes ; or any other storage media ( possibly pursuant to a document retention policy ), I recommend suspending such program for the time being. We can then discuss which information should be preserved throughout the litigation. If your document retention policy previously resulted in the destruction of electronically stored information that can still be reasonably recovered, please recover this information immediately. If it is possible to recover information for a significant period of time, please contact me to discuss the relevant period of time for recovery. Once you have had an opportunity to consider the points raised in this letter, please contact me to discuss this matter in greater details. Sincerely, XXXX XXXX,
Company Response:
State: IL
Zip: 606XX
Submitted Via: Web
Date Sent: 2023-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Please consider this a formal request to investigate and correct the following inaccurate items on my credit report issued by your agency. These items must be removed in order to show my true credit history. I make this request pursuant to15 USC Section 1681i of the Fair Credit Reporting Act of 1997. As required by the Act, I demand that you re-verify each of these items, and that the inaccurate items be deleted from my record immediately. Because my laws have been violated! Item Number Company Name Account Number Comments XXXX. XXXX XXXX XXXX XXXX Account # XXXX, Original Account Number : XXXX XXXX. LVNV Funding LLC, Reference ID : XXXX Account # : XXXX Under the Fair Credit Reporting Act, you have thirty ( 30 ) days from your receipt of this letter to re-verify these entries. According to this law, failure to re-verify these items within thirty ( 30 ) days constitutes reason to drop the information from my file. Also, 15 USC Section 1681i ( d ) requires that you notify me when the items have been deleted. Under 15 USC Section 1681j, there should be no charge for this notification or for the corrected copy of my report. Finally, please send me the names and addresses of all individuals you contacted so that I may follow up with them directly. Thank you for your assistance in this matter. I am requesting the original purchase agreement that shows they are the legal owners of these alleged debts. Please include all the terms and conditions that are included these purchased agreements.
Company Response:
State: IL
Zip: 60619
Submitted Via: Web
Date Sent: 2023-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-05
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Spoke to XXXX and was informed that this alleged debt is in her system. XXXX opened XX/XX/XXXX, XXXX {$98000.00} Credit XXXX XXXX XX/XX/XXXX XXXX XXXX {$910.00} XXXX XX/XX/XXXX {$200.00} XXXX XXXX XX/XX/XXXX, XXXX Credit XXXX XXXX XX/XX/XXXX {$920.00} This is affidavit I sent to Resurgent asking these questions and presenting laws too regarding this claim. Claiming there is an alleged debt, fraud and misrepresentation of facts, damage to my reputation, and falsely reporting inaccurate information to the bureaus Affidavit of Truth Rights of Subrogation 1. Comes Now, XXXX XXXX, non-citizen, National of the United States, Investor of the United States, Certificated Security Holder of the principal debtor/Franchise/Cestui que Trust ( XXXX XXXX XXXX ) I have dominion over all rights/interest of the principal debtor, all proceeds, titles, deeds, bonds, securities are due unto me as I have the right of subrogation as the holder in due course. 2. Can you show proof of your authority/possession of the Certificated Security of the principal debtor in order to legislate over any property of the principal debtor? I am here for all securities and chattel papers of this account/case, can you produce the original bill of presentment so that I may do equity and transfer all securities and chattel papers to you to settle all obligations of this mutual account? 3. This matter has created a constructive trust by you taking private property and using it in the public to settle the public interest without just compensation. Whereas I now accept all securities in equity as redemption. I accept all charges on the account and I am releasing/assigning all claims and transferring all chattel papers and securities of the principal and appointing ( XXXX ) as fiduciary to settle charges of this mutual account immediately. 4. If you choose not to do equity then there is no sufficient claim, and there is no injured party therefore these claims are null and void. This case is either satisfied or nullified there are no other eventualities. 5. WHEREAS As all government entities and alleged private corporations must be a creature of the American Constitution, this is a formal Request and Command for you to produce for the record, the Legislative Act that created your Authority to 1 ) enforce an instrument you are not in possession of, 2 ) or to enforce an instrument that was destroyed by way of securitization Take notice that a de facto basis for powers of authority is not sufficient in this matter. Failure to provide proof of your de jure authority constitutes your actions as ultra vires and by operation of law your Bond/Charter is dissolved, a trust arises, and I become beneficiary of said trust. As beneficiary to your dissolution, I special deposit for credit on account and order all debts be paid from your capital stock. 6. Claiming there is an alleged debt when the Bill/note was destroyed by way of securitization therefore fully discharging all debt between parties according to U.C.C 3-604 ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. This is fraud and misrepresentation of the material facts, the character and legal amount of debt. This is an ultra vires act, usurping powers that are not within your charter/Bond nor authorized by law. Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entities party deceived to avoid contract or recover damages. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX F XXXX XXXX. XXXX XXXX XXXX said : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked to often. 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. Conclusion : Do you have the original bill of particular/presentment ( negotiable instrument ) in your possession to enforce the instrument to seek payments of a debt? Can you prove that you did not discharge all debts by destroying the original bill of particular/presentment by way of securitization? Do you have the certificated security instrument issued by the United States to show proof of possession over the principal debtor for subrogation rights over all proceeds of the principal debtor? Can you show proof the Plaintiff of the case filed as evidence proof of the Original Note to enforce the instrument? 8. If you can not provide proof of possession of the original bill of presentment to enforce the instrument to seek payments of debt according to UCC 3-301 or provide proof the original bill of presentment was not destroyed by way of securitization I demand for these cases to be discharged immediately and all obligations are fully satisfied. I pray to be discharged with reasonable costs of my labor and service in this behalf sustained. XXXX. Fees for Services : See Fee Schedule Attached 1. Summons, Court Notices without Contract {$10000.00} 2. Responsive Communication {$250.00} a page= 4 pages {$1000.00} 3. Review and Research for responsive communications $ XXXX XXXX {$11000.00} 10. You now have 9 days to fully answer and or rebut all claims that has been made within this affidavit and show proof of your possession of the original bill and or you did not destroy the bill by way of securitization. If you choose not to answer I will assume you have discharged all debts and fully settled this mutual account. Be fully aware your silence is accepted as consent and a Quo warranto will be filed for you ultra vires acts against the Public Interest. I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. 28 USC 1746 Non-Citizen National of the United States, Investor, Master Merchant, XXXX XXXX XXXX This is XXXX XXXX speaking in my behalf.
Company Response:
State: PA
Zip: 19406
Submitted Via: Web
Date Sent: 2023-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-02
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XXXX Lvnv funding llc opened a XXXX.Acct. # XXXX. XXXX $ I have never signed any written document saying that i owe this debt to the collector.They are violating my rights of the FCRA as a consumer.I do not know who they are and have not written consent from my end.Also they have not verified that i owe this debt to this alleged company.Please have this removed from all three credit bureaus. XXXX XXXX
Company Response:
State: IL
Zip: 60636
Submitted Via: Web
Date Sent: 2023-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A