Date Received: 2022-10-24
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX, XXXX, & XXXX -- -There is information that on my consumer report that is a result of identity theft. I did not provide written permission or instructions for the identified transaction to be reported on my report. I am requesting that the reporting of this information be blocked and deleted. My request to block is not being made in error : nor is my request to block being made on the basis of a material misrepresentation of fact by me relevant to the request to block the identified transaction. The identified transactions are not information related to by me as the consumer. XXXX -- -- XXXX XXXX XXXX XX/XX/XXXX, LVNV FUNDING LLC XX/XX/XXXX XXXX -- -- -- XXXX XXXX XXXX XX/XX/XXXX, XXXX & XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX. XXXX XXXX XX/XX/XXXX, LVNV FUNDING LLC XX/XX/XXXX ' XXXX -- -- XXXX XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXX XXXXXX/XX/XXXX, XXXX XXXX XXXX XX/XX/XXXX, LVNV FUNDING LLC XX/XX/XXXX You are required to do what I am asking and block these transactions from being reported to my consumer report with in 4 days from the date of the receipt of this notice I look forward to your response. Thank You,
Company Response:
State: NJ
Zip: 070XX
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: In my last dispute I was told that the alleged debt was verified..So I am requesting a detailed process of the reinvestigation to confirm the alleged debt..I am also requesting a summary of my rights, my full file, along with sources and report recipient 's...
Company Response:
State: SC
Zip: 295XX
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: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: In accordance with the Fair Debt Collection Practices Act LVNV FUNDING LLC & XXXX, XXXX, XXXX XXXX XXXX, XXXX Attorneys of Plaintiff XXXX XXXX XXXX XXXX XXXX, Florida XXXX has violated my rights. 1.15 U. S. C. 1681 Section 602 A : States I have the right to privacy. 2. 15 U. S. C. 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 3. It is Fact that LVNV FUNDING LLC is a debt collector as defined in the Fair Debt Collection Practices Act specifically 15 USC 1692a ( 6 ) because they are attempting to collect an alleged debt. 4. It is a Fact that LVNV FUNDING LLC is in violation of 15 USC 1692b ( 5 ) for using their logo indicating that they are in the debt collection business ( See Exhibit A/A ( 1 ) & A ( 7 ) ) 5. It is a Fact that LVNV FUNDING LLC is in violation of 15 USC 1692b ( 2 ) for stating that affiant owes an alleged debt ( See Exhibit A/A ( 2 ) A ( 5 ) & A ( 6 ) ) 6. It is in Fact that LVNV FUNDING is in violation of 15 USC 1692e ( 2 ) ( A ) for using a false and deceptive character for the alleged amount due ( See Exhibit A/A ( 3 ) ) 7. It is a Fact that LVNV FUNDING LLC is in violation of 15 USC 1692d ( 1 ) for threatening to harm my personal reputation over and alleged debt ( See Exhibit A/A ( 4 ) ) 8. Its is a Fact that LVNV FUNDING LLC is in violation of 15 USC 1692j ( a ) for intentionally furnishing deceptive form ( See Exhibit A ) XXXX. It is a Fact that LVNV FUNDING LLC is in violation of 15 USC 1692b ( 4 ) for communicating with affiant by postcard without the expressed direct permission of affiant ( See Exhibit A )
Company Response:
State: NJ
Zip: 08873
Submitted Via: Web
Date Sent: 2022-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: AND NOW ON THIS XXXX DAY OF XX/XX/2022, I, XXXX XXXX, consumer, wish for LVNV Funding LLC, Resurgent Capital Services L.PXXXX, Resurgent Receivables LLC to CEASE AND DESIST all communications through any mediums. THIS NOTICE SHALL NOT BE CONSTRUED FOR ANY REASON OR ANY PURPOSE AT ANY TIME BY ANY PERSON AND SHALL TAKE EFFECT IMMEDIATELY! XXXX XXXX ALL RIGHTS RESERVED UCC 1-308
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2022-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-23
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: To Whom It May Concern : CFPB Case # : XXXX was previously submitted and closed despite the fact that Resurgent Capital Services is still researching the inquiry. Resurgent provided a Assignment Transfer but did not provide the Full Accounting Summary that I requested from the original creditor to prove the alleged debt is accurate. I am submitting a new complaint pending the following response from Resurgent to provide an original full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes breaskdown of detailed payments, interest, fees, etc. : " Resurgent has contacted the previous creditor regarding the concerns raised in the inquiry. If, upon hearing back from the previous creditor, we learn anything to substantiate these concerns, we will take any steps necessary to resolve this matter. '' Again, I did not ask for this issue to be resolved in the future but requires immediate attention and thus, this CFPB Complaint should remain open until the entire complaint it resolved. This is my final request for Resurgent to comply with this request. This letter is being sent to you in response to multiple requests to Resurgent Capital Services ( on behalf of LVNV Funding LLC ) for numerous FDCPA violations. This is not an admittance that I owe the stated debt but rather exercising my right to challenge questionable information found on my personal credit reports. As stated with facts below, I have a strong case to believe that the alleged amount from the original creditor is not accurate. 1. Resurgent Capital Services has repeatedly ignored my request for proper Debt Validation via my request for a Detailed Full Account Summary Report since the Origination Date of the Loan with the Original Creditor. a. Resurgent has repeatedly responded with the following information : i. The referenced account originated on XX/XX/XXXX with XXXX. ii. The account charged off on XX/XX/XXXX with a balance of {$3800.00}. iii. The last payment in the amount of {$140.00} was received on XX/XX/XXXX. iv. Per LVNV Funding LLC ( dba Resurgent Capital Services ), the current account balance is {$3000.00} b. An Account Summary Report fabricated by Resurgent Capital Services dated XX/XX/XXXX and again dated XX/XX/XXXX is not a legal validation of debt. Documentation clearly states : This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor. Resurgent Capital Services has responded on the following dates with the same fabricated account summary : i. XX/XX/XXXX ( XXXX XXXX from Resurgent ) XXXX. XX/XX/XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX. XX/XX/XXXX ( XXXX Office of Attorney General ) iv. XX/XX/XXXX ( Consumer Financial Protection Bureau ) XXXX XX/XX/XXXX ( SC XXXX XXXX XXXX XXXX XXXX ) vi. XX/XX/XXXX ( Consumer Financial Protection Bureau ) vii. XX/XX/XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) viii. XX/XX/XXXX ( Consumer Financial Protection Bureau ) XXXX To date, Resurgent Capital Services has not provided a Detailed Account Summary of the Outstanding Balance for {$3000.00} from the original creditor. I am requesting an original full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes payments, interest, fees, etc. 2. Credit Reporting Agency Disputes : a. Resurgent Capital Services has responded on the following dates with validations of the alleged debt amount : i. XX/XX/XXXX ( XXXX Dispute Results ) XXXX. XX/XX/XXXX ( XXXX Dispute Results ) XXXX. XX/XX/XXXX ( XXXX Dispute Results ) 3. Proof of Personal Knowledge : To meet its burden, the proof submitted by Resurgent Capital Services must be based on personal knowledge. Personal knowledge means that the person offering the evidence on behalf of Resurgent Capital Services must be a witness to the event shown in a particular document. The person offering the evidence must have personal knowledge of how the information got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have personal knowledge, the documentation is hearsay, and it can not be used. 4. Full Accounting of Alleged Debt from Original Creditor : Without full accounting of how all charges and payments were allocated, it is assumed that Resurgent Capital Services is providing misleading statements and omissions in accurate balances owed. Supporting documentation will dis-prove any intentional deceptions, errors, or omissions in accurate data. a. Per FTC vs Avant LLC Complaint ( Case # XXXX ), XXXX XXXX has agreed to settle the Federal Trade Commissions charges that it engaged in deceptive and unfair loan servicing practices, such as imposing unauthorized charges on consumers accounts and unlawfully requiring consumers to consent to automatic payments from their bank accounts. b. Link to : XXXX XXXX XXXX XXXX Based on attached documentation and as a previous customer of XXXX XXXX XXXX I am confident that I was a victim of XXXX XXXX business practices. As a result, I think that it is non-negotiable that Resurgent Capital Services provide a full detailed account summary from Loan Origination Date ( Original Creditor ) until current date which includes payments, interest, fees, etc. d. Some of the violations that I believe that XXXX committed against me are : i. XXXX was continuing to collect on outstanding balances AFTER the account charged off dated XX/XX/XXXX, with multiple balances due that do not match the alleged charge off amount of {$3800.00}. ( See attached Settlement Agreements and Collection Notices ). Per the original contract, XXXX did not have standing in the original contract to collect interest on a post-charged off balance which is an FCRA violation. Payment history in the assignment transfer provided by Resurgent shows charge off interest outstanding in addition to the charge off principal outstanding. ii. XXXX falsely advertised that it would accept payments by credit or debit cards, when in fact it rejected these forms of payments. iii. XXXX repeatedly agreed to multiple settlement offers and then would terminate the agreements claiming that the payment could not be processed. As I recall, I spent numerous hours on the phone with the bank trying to determine why they rejected the payments with no viable solution found. I was often told that there was no valid reason for the bank payment to be rejected nor was it ever presented on the bank side. Per the attached copies, you can see that an unsophisticated person would not be able to verify the accurate balance due since interest and fees were added each time that XXXX illegally terminated the settlement agreements in order to falsely inflate the outstanding balance. XXXX set up payments and then falsely claimed that the payments were rejected in order to inflate outstanding balances. 1. XXXX failed to properly and timely credit payments made by check ; thus, inflating outstanding balances. 2. XXXX provided inaccurate payoff quotes to consumers ( See attached document ) 3. XXXX offered collecting payment by means of remotely created check ( RCC ). iv. The attached information from the original credit service provider XXXX XXXX presents confusion causing an unsophisticated consumer to be concerned which of the alleged amounts due is accurate. When that information is presented in arguably confusing manner, it could influence the consumers decision on what to pay. e. In addition, LVNV Funding states : The last payment in the amount of {$140.00} was received on XX/XX/XXXX. I do not have any record of payment. How is it possible that I made a payment AFTER charge-off? In addition, I am including emails from XX/XX/XXXX, thru XX/XX/XXXX, which shows the same account balance due and does not reflect any payments on XX/XX/XXXX. i. In CFPB response dated XX/XX/XXXX : Resurgent provide a copy of the payment history from XXXX included with the Purchase Agreement. Again, the attached payment history is not a full accounting summary from the Original Creditor but rather aggregate amounts. Resurgent states It is Resurgents goal to adhere to all state and federal laws and regulations concerning the collection of debts. After investigating the Account, we found no evidence of the mishandlings alleged in the complaint. How is it possible that LVNV found no evidence of mishandlings when I provided documentation to prove otherwise? ii. Then 3 days later, in CFPB response dated XX/XX/XXXX : Resurgent states : Resurgent has contacted the previous creditor regarding the concerns raised in the inquiry. If, upon hearing back from the previous creditor, we learn anything to substantiate these concerns, we will take any steps necessary to resolve this matter. This statement is an admission of guilt and proof that Resurgent has not properly validated the alleged debt in all of my previous inquiries including credit reporting disputes since they are just now contacting the original creditor/Credit Service Provider for validation. This is an FDCPA violation. 5. As per an opinion letter published by the FTC, reporting the collection to the credit bureaus is considered continued collection activity. Resurgent Capital Services is continuing with violations of the FDCPA for continuing to report invalidated and false debt information and is subject to a fine of {$1000.00} per each violation which can be collected in small claims court. 6. Reporting false information to the credit bureaus has already resulted in defamation of my character and is negatively impacting my ability to get the best mortgage rates which I can prove in the court of law. As a matter of contract law, I am entitled to know the full accounting summary of the amount that is being claimed that I owe from the original creditor. I am requesting that Resurgent Capital Services provide full verification and documentation of the amount that the current creditor is trying to collect and how the amount was calculated including any adjustments since it does not match the alleged charge-off amount nor any of the documentation submitted by the previous credit servicer of the account, XXXX XXXX XXXX Leaving false information on my credit reports or parking an account is considered continued collection activity on an invalidated account and is an FDCPA violation. Leaving or parking this false information on my credit reports is currently preventing me from getting the best rates on credit approvals. I have disputed this false account balance with the consumer reporting agencies ( XXXX, XXXX, and XXXX XXXX ) using a Fair Credit Reporting Act dispute ( FCRA ) and it has been updated as verified by Resurgent Capital Services. Under FDCPA, I have the right to sue Resurgent Capital Services and LVNV Funding for putting false information on my credit report with no proof of the alleged balance since I have already disputed with the credit reporting agencies. Since the credit bureaus and Resurgent Capital Services did not follow the law then I have the option to sue them under FDCPA violations. According to the Fair Debt Collection Practices Act ( FDCPA ), I have the right to ask for a proper validation of the debt that Resurgent Capital Services claim I owe per 15 USC1692g Sec.809 ( b ) of the FDCPA.
Company Response:
State: SC
Zip: 297XX
Submitted Via: Web
Date Sent: 2022-10-23
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: LVNV FUNDING is attempting to collect an assumed debt on behalf of XXXX XXXX for the amount of {$51.00}. I have made several attempts to communicate both the collection company and creditor. This debt does not belong to me and I have never had cable services with XXXX. I have requested proof of a contract stating that I have business with them. This is negatively affecting my credit rating.
Company Response:
State: GA
Zip: 30017
Submitted Via: Web
Date Sent: 2022-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To Whom It May Concern : Be advised this is not a refusal to pay, 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 constitutes as identity theft fraud 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 and your client for the following. Violation of the Fair Debt Collection Practices Act Defamation of Character 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. In addition, I am formally requesting {$5000.00} for the violations. It would be advisable that you and your client assure that your records are in order as I am now taking legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 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 assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent as legal action is necessary. 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. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-21
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: LVNV Funding LLC XXXX XXXX XXXX XXXX, SC XXXX XXXX Account Number : Ending in XXXX XXXX ID : XXXX I'm writing to inform you that at the moment I don't want to pay for this so I refuse. Please cease and desist all communication thank you for reaching out.
Company Response:
State: FL
Zip: 32216
Submitted Via: Web
Date Sent: 2022-10-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: A third party company called XXXX XXXX XXXX has posted a derogatory on my credit report and public record for a company called XXXX XXXX XXXX. It say that it was made in XXXX of XXXX but information of where and when is not accurate or related to my involvement. LVNV Funding says they are part of a collection company from XXXX XXXX XXXXXXXX XXXX XXXX XXXX for a credit card I do not own. XXXX is also for something from the XXXX XXXX XXXX XXXX XXXX XXXX XXXX says it was opened in XX/XX/XXXX A company called XXXX XXXX says they are collecting a debt for a XXXX XXXX XXXX. This account was closed and told not to be renewed. But the companies customer service for XXXX aggressively did not want me to stop having coverage. I wanted my service ended. I was in a lXXXX XXXX XXXX XXXX. And no longer wanted anything to do with this harsh company. My service and demand to stop service was in XX/XX/XXXX. Instead the XXXX company still charged me for another month not listening to the cancelations made from XX/XX/XXXX thru XX/XX/XXXX.
Company Response:
State: SC
Zip: 29072
Submitted Via: Web
Date Sent: 2022-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-21
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: XXXX failed to verify the Collection/ Closed / Open account and balance amount being reported for RESURGENT RECEIVABLES pursuant to The Fair Credit Reporting Act 609. Disclosures to consumers [ 15 U.S.C. 1681g ], Section 609 ( a ) ( 1 ) ( A ), and FCRA 611 ( 15 U.S.C. 1681I ). PROCEDURE IN CASE OF DISPUTED ACCURACY. It is unlawful and damaging to disregard or deny my request for disputed false, incorrect, and inaccurate information appearing on my credit report. Such actions are in direct violation pursuant to The Fair Credit Reporting Act. All information that is false, incorrect, and inaccurate is illegal to report in my credit file. The new updated information is not only false but also inaccurate and incorrect.
Company Response:
State: GA
Zip: 30005
Submitted Via: Web
Date Sent: 2022-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A