Date Received: 2022-12-23
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: DEFAMATION OF CHARACTER To whom It May Concern ; This concerns the inaccuracy that is unfairly furnished on my consumer report by your company which I came to know about on XX/XX/2022. Due to this inaccuracy, my right to extend credit has been severely damaged to a great extent and as a result, my public confidence has been undermined. Pursuant to my rights as a consumer, I'm asking your company to provide proof of an agreement you have which states I am obligated to make any payments to your company with my signature. Proof of the agreement can not be a pile of statements received from the creditor that I was credited for the alleged transaction. Pursuant to 15 USC 1692j ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Therefore I NEED ACTUAL AGREEMENTS. Pursuant to 15 USC 1692j ( b ) any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter i.e. {$1000.00} ( XXXX XXXX Dollars ) Therefore pursuant to 15 USC 1692c ( c ) I am hereby providing you formal notice to cease any further communications regarding this account immediately. Any further contact by your company, except a communication by mail confirming your acknowledgment of this letter, is in violation of the Fair Debt Collection Practices Act ( FDCPA ) FAILURE TO ACCEPT MY REQUEST WITHIN 15 DAYS WILL LEAD TO A LAWSUIT COMMENCED XXXX YOUR COMPANY. Thank you for your cooperation Sincerely XXXX XXXX
Company Response:
State: CT
Zip: 06118
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: This company lvnv funding is claiming I owe them something that I do not owe. Ive asked them to stop calling me and to mail me all the paperwork as required by FDCPA
Company Response:
State: CA
Zip: 92881
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: THIS IS A FOLLOW UP OF MY CFPB COMPLAINT XXXX. LVNV TOOK UNTIL XX/XX/2022 TO RESPONDE TO MY COMPLAINT WHICH IS 4 DAYS PAST THE DEADLINE. IN ADDITION ; THEY ARE STILL DENYING THEY ARE POSTING THE SAME ACCOUNT TWICE. I HAVE ATTACHED THE PORTION OF MY XXXX REPORT THAT CLEARLY SHOWS ITEMS XXXX AND XXXX ARE THE SAME ACCOUNT.
Company Response:
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV FUNDING - XXXX has violated several of my consumer rights. In accordance and pursuant to the Federal Credit Reporting Act .... 15 USC 1681 Section 602 ( h ) - I have the right to privacy 15 USC 1681 Section 604 ( a ) ( 2 ) - A Consumer Reporting Agency may not furnish my information without the written consent/permissible permission. 15 USC 1666 ( b ) - A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose 15 USC 1681c ( a ) ( 5 ) States no consumer reporting agency may make any consumer report containing any of the following items of Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 USC 1681s-1 ( a ) ( 1 ) ( A ) - 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. I did not receive a letter of right to dispute. I have disputed LVNV Collection Services with all 3 Credit Agencies on several attempts ( XX/XX/2022, XX/XX/2022 ) and they have not only removed the errors but recently the dispute came back verified. I know that the verification is frivolous due to the time it took to verify knowing that they did not speak to a live person. Please see to it that they comply to the full extent of the law as their noncompliance has devastated our family 's financial stature and defamed our character.
Company Response:
State: TX
Zip: 75232
Submitted Via: Web
Date Sent: 2022-12-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX XXXX XXXX XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late f purpose.
Company Response:
State: SC
Zip: 29223
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-22
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: The rep I spoke with never ifs herself or the debt in question. I asked to speak to a manger numerous times, was Put on hold for XXXX minutes, same rep came back, again asked for manager, never transferred me to XXXX and eventually hung. Did not give mini XXXX or record disclosure
Company Response:
State: FL
Zip: 33764
Submitted Via: Web
Date Sent: 2022-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
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: Company has no contract with me and is in violation of 15 USC 1681 15 USC 1692C 15 USC 1681 s-2 I proceed further action of law suit if not deleted from my file The burden is not on me It is the Bureau I have no written contract with this company this is my final letter about this company or I will exercise my rights as a consumer
Company Response:
State: PA
Zip: 19142
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Account Name : Resurgent/LVNV Funding Account Number : XXXX Account Type : Debt Buyer Responsibility : Individual Date Opened : XX/XX/XXXX Status : Collection Account. {$8200.00} past due as of XX/XX/XXXX. Status Updated : XX/XX/XXXX Balance : {$8200.00} Balance Updated : XX/XX/XXXX Recent Payment : $ 0 Monthly Payment : {$0.00} Original Balance : - Highest Balance : {$0.00} Terms : 1 Months On Record Until : XX/XX/XXXX This collection appeared on my XXXX and XXXX credit reports however I disputed this account with XXXX as this account is unknown as this has numerous federal violations in the information. However this account was verified by experian. Then after this account also appeared on my XXXX Report. Under 15 USC Chapter 41, Subchapter V : Debt Collection Practices specifically section 1692g. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. LVNV failed to follow the steps outlined within in the timeframe allowed by the law. The first communication was made via email XX/XX/XXXX at XXXX EST which has been attached as " exhibit A initial communication. '' According to the 1692a. Definitions As used in this subchapter ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection. ( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. ( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt. ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. ( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. ( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment. ( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the XXXX of XXXX XXXX, or any political subdivision of any of the foregoing. The 5 days AFTER the initial communication would be would be the XX/XX/XXXX and i have attached all emails sent within in that time frame and none of the communication listed any of the required statements under the law : ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
Company Response:
State: GA
Zip: 30305
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This is no longer legally my debt. Also this was a debt from 2016 JUST reported which they have 180 days. It shows 2 months which is a lie. This was bound over to my ex in the court documents that this was stolen and NO LONGER MY DEBT. I am not to be held responsible as court signed documents state.
Company Response:
State: TN
Zip: 370XX
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-23
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: XX/XX/2022, XXXX, The amount of XXXX for account of LVNV FUNDI My Actions was sending two rounds of letters you sent that the accounts still remains and have not been fully validated. The credit Bureau is XXXX
Company Response:
State: CO
Zip: 802XX
Submitted Via: Web
Date Sent: 2022-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A