Date Received: 2023-01-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received a debt collection letter from LVNV Funding LLC in XX/XX/2022. I sent the company a letter via mail, indicating that the debt does not belong to me. The company did not respond to my letter, but rather proceeded to report the account to the credit bureaus which has negatively impacted my credit.
Company Response:
State: CA
Zip: 95757
Submitted Via: Web
Date Sent: 2023-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I received several letters from RESURGENT CAPITOL SERVICES attempting to collect on an unverifiable alleged debt, account # XXXX with an ID # XXXX
Company Response:
State: NC
Zip: 28105
Submitted Via: Web
Date Sent: 2023-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: In the middle of XX/XX/2022, I learned from alerts through my XXXX XXXX account that my XXXX score had dropped dramatically. When I researched it I learned that collection was being attempted on a debt that XXXX XXXX claimed I had with them .. when I didn't respond, they referred the debt for collection. This the text of a letter I sent to LVNV Funding LLC challenging a debt claim. A similar letter was sent to XXXX XXXX. ________________________ LVNV XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reference numberXXXX I received your letter of XXXX directing payment on a delinquent account on behalf of LVNV Funding and XXXX XXXX XXXX This letter is to notify you that I am challenging the claim. 1. Ive never had any transactions nor communications with XXXX XXXX. 2. Ive neither applied for nor received a {$6000.00} loan as your letter describes, however... 3. My research yields : a. On XXXX someone opened a savings account and acquired membership with XXXX XXXX XXXX XXXX in VA in my name using an email address which wasnt mine and a phone number which wasnt mine. b. I spoke with a representative from XXXX who advised that the person also applied for a {$6000.00} loan about the same time. XXXX XXXX month later on XXXX the savings account was closed by XXXX as the loan application was found to be fraudulent. The loan was denied and no funds were disbursed. d. On XXXX XXXX opened an account and began to add late payment claims to XXXX. This continued until recently, LVNV added a collection/charge off claim with XXXX on XXXX, and XXXX added a, New Non-Medical Collection to XXXX on XXXX. ____________ The total debt is shown as {$6100.00} I received a letter from Resurgent on behalf of XXXX XXXX XXXX advising that they had initiated a review of XXXX 's inquiry. I don't know how XXXX got involved. I challenged it and filed a complaint with them. I've also filed a police report with the local police .. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XXXX I received a letter from XXXX XXXX XXXX XXXX XXXX advising that I had a checking account with their bank. They report a positive balance of {$6000.00}. I did not open this account. ***Also .. the email address showing in this form is not correct and even though I am advised to correct it in my profile.. I can't find my profile. The correct email address is XXXX. ***
Company Response:
State: NM
Zip: 880XX
Submitted Via: Web
Date Sent: 2023-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I contacted the company by letter and expressed that the debt in question was due to stolen identity. I was told that the would investigate this issue and get back to me. I received a letter stating that the information was correct. My problem is this my information was taken and used with out my knowledge and or permission. The letter that I sent to the company asked for copy 's of a sign contract, video and or me using this card all that the was able to tell me is that the application was completed on line and their investigation was correct. I sent a proof removal letter and a copy of the XXXX XXXX XXXX letter.
Company Response:
State: FL
Zip: 32808
Submitted Via: Web
Date Sent: 2023-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-13
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have communicated with XXXX that this is not my debt and that this is fraudulent activity. The amount is {$620.00}. The following are the report dates on my credit report : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX.
Company Response:
State: WA
Zip: 98270
Submitted Via: Web
Date Sent: 2023-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Resurgent / LVNV Funding, LLC are a collections Company that appears to purchase the debt from the original alleged creditor which is XXXX XXXX XXXX XXXX. They were removed as fraud from my cunsumer report. LVNV Funding, LLC / Resurgent is using my nonpublic personal identifying information to include my social security number WITHOUT my express consent or authority. I deny and object to the liability on account : XXXX as I am not a Debtor BUT a CREDITOR who acquired consumer goods to be used primarily for personal, family, or household goods. The Three credit reporting agencies are directed to remove said inaccurate information as it causes the CONSUMER undue hardship and reduces my lending / selling ability and purchasing buying power through commercial disparagement which is a form of Identity Theft of property. This private entity changed my charactor from creditor / supplier / issuer / accounts payable to borrower / debtor / accounts receivable and assumed my name through commercial paper. XXXX XXXX has NO statue of limitations and I will defend against. I have reserved all my rights.
Company Response:
State: GA
Zip: 30281
Submitted Via: Web
Date Sent: 2023-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have an account on my credit report from LVNV FUNDING LLC and it is being reported on XXXX. I do not recognize it nor do I have an agreement with them. This is improper and detrimentally hurting my lifestyle as well as receiving credit.Per 15 U.S. Code 1681,15 U.S. Code 6803,15 U.S. Code 6804, 15 U.S. Code 6805 ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure 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. 15 U.S. Code 6805 states that ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the XXXX XXXX XXXX XXXX ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the XXXX XXXX XXXX XXXX, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( XXXX ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( XXXX ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer. ( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. Most importantly I did not give this company written permission to publish this on my credit report. 15 U.S. Code 6801 ( a ) ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 15 U.S. Code 1681s-2 ( a ), 15 U.S. Code 1681s-2 ( A ) 15 U.S. Code 1681a 4 There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
Company Response:
State: GA
Zip: 30215
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I noticed that the following is against my credit XXXX XXXX XXXX XXXX Open account ( XX/XX/2019 ) I have an account with the company however the account that I am responsible for is in good standing, I have disputed this account above at least twice because I have absolutely no knowledge of this account and did not open such account, at one time I did have a problem with someone who used my identity and was able to get in my bank account and used money out of my account a few times, fortunately the bank caught this and froze my debit card for me and it was resolved quickly. I don't know if maybe the same person might have used my information however I do know that I did not, I don't know what eles to do about this being against my credit.
Company Response:
State: VA
Zip: 244XX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To Whom It May Concern : I am writing to inform you that upon reviewing a copy of my consumer report file, I have noticed an account from this creditor that is erroneous, inaccurate, and illegal. Therefore, I am requesting the description of the procedure used to validate the accuracy and completeness of this account on my consumer report. Be advised this is not a refusal to pay a debt, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that since your offices have reported inaccurate and invalidated information to several credit bureaus including XXXX, XXXX, XXXX XXXX, XXXX, and XXXX, this action has aided in enabling identity theft fraud as my personal information is being used for financial gain without my consent under both federal and state laws. Due to this fact, this is my official notice of intent to sue for negative marks that have been found and are currently reporting on my consumer reports by your company or the company you represent. I am bringing legal action against you for the following. Violation of the Fair Debt Collection Practices Act Defamation of Character Failure to notify that consumer disputes Reporting a closed account as open XXXX XXXX XXXX XXXX Compliance Reporting as all fields are not 100 % complete nor accurate, in example, account number is incomplete and showing stars/asterisks instead of a full account number Reporting same account multiple times as debt collection agency and as original creditor if applicable I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be closed and deleted with your company or the company which you represent and completely removed from my consumer files and a copy of such deletion request shall be sent to me immediately. Please provide the following : Agreement with you or your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the original creditor. Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the assigned debt collector. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this debt was NOT canceled by 1099-C Verification that this debt was or was not assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful if applicable. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. Respectfully, XXXX XXXX
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-12
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Do LVNC founding company threatened me placing debt collector on my credit report with out notify me about this matter I requested full disclosure an sign documents saling my personal information to uptain founds
Company Response:
State: AL
Zip: 354XX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A