Date Received: 2022-10-26
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 have disputed the validity of a debt with The XXXX XXXX XXXX XXXX XXXX XXXX XXXX has advised they were deleting the tradelines from my credit report. However, Resurgent has failed to delete their collection. I sent them a validation letter on XX/XX/XXXX and they have yet to reply. It is beyond the 30 day time frame.
Company Response:
State: TX
Zip: 75039
Submitted Via: Web
Date Sent: 2022-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-26
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: in response to you're company from the letter you have sent, and a pile of statements showing from synchrony bank. under the fair debt collection practices act ( FDCPA ) its unlawful to design compile and furnish any form knowing such form would be used and create a false belief in a consumer. that a person other then a creditor of such consumer is participating in a collection of or an attempt to collect a debt. such consumer allegedly owes such creditor when in fact such person is not such participating. ( reference 15 usc 1692 j ( a ) ) Resurgent Capital Services is making a belief that the company is collecting for Synchrony Bank by sending alleged statements when in fact if the creditor was in attempt to collect a alleged debt they would not have sold out the debt to Resurgent Capital Services. please provide and produce the following! .a contract that i have with Resurgent Capital Services to show i have any business to discuss. .total amount the Debt was sold for .audit trail for full accounting on and off ledger. .Name and address of the original creditor
Company Response:
State: NH
Zip: 03102
Submitted Via: Web
Date Sent: 2022-10-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-25
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: XXXX XXXX XXXX XXXX, notified me on XX/XX/2022 about an alleged debt. According to Title 15 USC 1692a, Congressional Findings or Declaration of Purpose, you are hereby informed that as a result of their fraudulent practices with the intention to cause harm, I have suffered mentally as well as financially. XXXX XXXX XXXX XXXX and its agents harassed me for an alleged that that was not even validated. Shared statements as well as a copy of a consumer contracts as evidence of the day, but as per the judgment in the case of XXXX XXXX XXXX XXXX XXXX a copy of the consumer contract is not sufficient evidence of debt. Due to their continuous act of deceit, coercion, and intimidation I have suffered XXXX stress and XXXX. According to 15 USC 1692a ( 2 ) the term Communication means that conveying of information regarding a debt directly or indirectly to any person through any medium. As per the literal interpretation Any medium includes any oral, written, electronic, or other medium. Therefore, furnishing of the consumer report { bearing information regarding the alleged debt } by the company will amount to communication as per Fair Debt Collection Practices Act ( FDCPA ). Pursuant to my rights as per 15 USC 1692c ( c ) I am hereby providing your formal notice to cease any further communications regarding this account immediately. This includes but not limited to telephone calls, emails, social media, or any consumer reporting agency. Any further contact by your agent or company, except a communication confirming your acknowledgment of this letter, is in violation of the Fair Debt Collection Practices Act ( FDCPA ). If they do not cease communication a lawsuit will be commenced against them. XXXX XXXX XXXX XXXX and LVNV Funding LLC HAVE FALSELY REPORTED INFORMATION THAT RESULTED IN DEFAMATION OF MY CHARACTER. Further, they have created a deceptive form that made creditors and employers believe that I was in debt, though they could not prove its validity. If the debts were valid, they created a false impression that I was not able to pay the alleged debts. As a result, I was discriminated against and denied my right to extend credit. I also suffered emotional as well as financial hardship. Therefore, both XXXX XXXX XXXX XXXX and LVNV Funding LLC are liable according to Title 15 USC 1681o.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I sent the Credit Bureaus letters asking them to verify the debt on my report. They have responded stating that everything verified correctly. My credit report is still showing inaccuracies LVNV FUNDING LLC Account XXXX 15 U.S.C 168 s-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
Company Response:
State: TX
Zip: 75024
Submitted Via: Web
Date Sent: 2022-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Letter dated XX/XX/XXXX, did not get in the mail until XX/XX/XXXX stating I owe money for something I have no idea what it is for. Says the account was created in XXXX principle balance XXXX and interest of XXXX interest and fees of XXXX. Saying this was sold to Resurgent. Received another letter dated XX/XX/XXXX did not get not get in mail until XX/XX/XXXX. Sent Resurgent a notification to let me know what this account is for, currently waiting on their response. Also why would it take them 4 years to contact me?
Company Response:
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: XX/XX/2022 I received a text thanking me for signing up for their XXXX texts and I have no idea who they are and never signed up for anything. They also apparently emailed me a whole bunch was in my spam folder but again never gave them my contact info.
Company Response:
State: TN
Zip: 38122
Submitted Via: Web
Date Sent: 2022-11-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have recently received a copy of my credit report and noticed LVNV FUNDING placed private information about an account I have with them on my consumer credit reports. Per 15 US code 1684 and 15 US code 1681b from the FCRA, the law clearly states : In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) in accordance with the written instructions of the consumer to whom it relates. Meaning, if you havent received written instructions from me, THE CONSUMER, to put an account on my report, it should not be there. This is a violation. I never gave written instructions to furnish any of the following accounts on my report : LVNV FUNDING XXXX ( Collection ) Secondly, according to 15 USC 1681, the law states : 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. The following accounts are inaccurate and are in clear violation of my privacy which is a violation of the law. This is damaging to my reputation. As the consumer, I demand the following accounts be deleted from my credit report immediately. LVNV FUNDING XXXX ( Collection ) As the consumer, I did not give any written instructions to have this account reported on my consumer report. I have not given this creditor permission to put this account on my consumer report. They have no permissible purpose by law to contact third parties with my private or personal information. This offense amounts to aggravated identity theft pursuant to 18 USC 1028A. They have knowingly transferred, possessed or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. 15USC 1681 ( a ) ( 4 ) A consumer has the right to privacy there is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. They are in federal violation of my rights, as a federally protected consumer who has the right to privacy. In addition, I demand to have a copy of my updated consumer report once the deletions have been made. Thank you for your assistance with this violation, XXXX XXXX
Company Response:
State: TX
Zip: 764XX
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding LLC is attempting to collect a debt that was fraudulently opened. Original creditor XXXX XXXX XXXX XXXX has removed trade line due to fraud. Debt was sold to XXXX XXXX XXXX which then sold to LVNV. Please provide original application showing my signature for debt validation or remove fraudulent trade lines.
Company Response:
State: CA
Zip: 91910
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/XXXX : Call received from XXXX XXXX XXXX XXXX ( XXXX ) at XXXX am. Call was blocked. XX/XX/XXXX : Received Debt Collection Letter from XXXX XXXX XXXX XXXX. I called XXXX XXXX XXXX XXXX and spoke to a Aide and tried to convince her that it was not my debt ( they had the wrong person ). Aide asked if my birth month was XXXX ( its not ) and I replied that it wasnt even close. XXXX then said they would remove my name from the debt and abruptly hung up. I called back several times to try to confirm that they were indeed going to remove my name from the debt action. I could not get confirmation. XX/XX/XXXX : I spoke with my attorney at XXXX XXXX, XXXX and he advised me to send a Debt Validation request letter to XXXX XXXX XXXX XXXX. I sent the letter on XX/XX/XXXX to XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX, XXXX, MO XXXX and included their Debt Letter Reference # : XXXX. I indicated that I disputed the debt ( returned the response slip provided in the XXXX XXXX XXXX ) and asked for debt validation. The debt is for {$690.00} and the original creditor was XXXX XXXX Bank, XXXX. XX/XX/XXXX : I received XXXX letters ( dated XX/XX/XXXX ) from Resurgent Capital Services at XXXX XXXX XXXX, XXXX, MI XXXX. The first letter basically said they are looking into my inquiry. The actual text stated : Resurgent Capital Services L.P. manages the above referenced account for LVNV Funding LLC and has initiated a review of the inquiry recently received either directly or from XXXX XXXX XXXX, the current servicer of this account. They included an Account XXXX : XXXX and a Reference ID : XXXX. The second letter basically said they were verifying the debt with the enclosed information. The actual text stated : We have received a recent inquiry regarding the above-referenced account and have enclosed the account summary which provides verification of debt. The enclosed account summary included a credit card statement from late XXXX and was addressed to an individual with the same name as mine, but with a different address than mine. I have lived at my current address since XXXX way before the account initiation of XXXX. Additionally, I always use my middle initial on all formal documents I sign. Bottom line : The debt verification response identified that a debt existed, but not that I am the responsible for the debt. Its unfortunate that the debt verification did not include more specific identifying information such as Date of Birth ( DOB ), individuals Middle Initial, and the last 4 digits of the Social Security Number ( SSN ) of the person they say is responsible for the debt. In fact, based on what they did provide, the information supports my contention that I am not responsible for the debt, because I never lived at the address contained on the credit card statement. So, it appears that Resurgent Capital Services performed an incomplete due diligence of the debt action, or they have additional information they are not providing ( as requested in my XXXX XXXX XXXX ). XX/XX/XXXX : A letter was sent to Resurgent Capital Services L.P. at XXXX XXXX XXXX, XXXX, South Carolina, XXXX from my attorney at XXXX XXXX XXXX XXXX. again disputing the debt, requesting debt validation and any information they have that indicates whether or not I am responsible for the debt. This letter also enclosed a Name Affidavit, signed by me, that I am not the XXXX XXXX named as the Accountholder of Account Number XXXX. This Name Affidavit was notarized and sent with the letter. XX/XX/XXXX : My attorney at XXXX XXXX, XXXX. received a letter from Resurgent Capital Services L.P. dated XX/XX/XXXX. This letter again stated the enclosed account summary provided verification of the debt. Unfortunately, the enclosures were virtually identical to the correspondence received from Resurgent Capital Services L.P. that was dated XX/XX/XXXX. Nothing new or definitive was provided. XX/XX/XXXX : As of this date, I can not tell if Resurgent Capital Services XXXX still believes I am responsible for the debt. Their information provided certainly doesnt demonstrate that fact, and I know that is not my debt.
Company Response:
State: VA
Zip: 22312
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-24
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: LVNV FUNDING LLC HAS BOUGHT A DEBT THAT HAS BEEN PAID FROM XXXX XXXX AND NOW HAS SOLD THE DEBT TO ANOTHER COLLECTIONS AGENCY! XXXX XXXX, LVNV FUNDING LLC AND XXXX XXXX XXXX HAS BEEN CALLING, SENDING LETTERS, and reporting to agencys on my cresit file.
Company Response:
State: PA
Zip: 15239
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A