Date Received: 2022-10-03
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: I have never entered a contract with LVNV funding in my life. This company is reporting negative information on my credit report as if I have. They had a letter sent to me from a supposed " attorney '' attempting to get me to pay them money. I responded to them requesting they validate this alleged debt and they have not provided me what I requested only statements. This is my last attempt at a resolution before I sue LVNV, XXXX XXXX Bank, and this pretend attorney they have all now given my personal information to. XXXX XXXX charged off this alleged account and I never received a 1099-C for such. I'm holding every party accountable.
Company Response:
State: PA
Zip: 19142
Submitted Via: Web
Date Sent: 2022-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I noticed some collections on my credit report that I have no idea who they are these collections must be removed from my credit report.
Company Response:
State: FL
Zip: 33409
Submitted Via: Web
Date Sent: 2022-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: RE : Account Number Ending XXXX To Whom It May Concern : This letter is being sent to you in response to multiple requests to LVNV Funding LLC ( XXXX Resurgent Capital Services ) 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. 1. LVNV Funding LLC ( dba 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. An Account XXXX Report fabricated by Resurgent Capital Services 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. b. LVNV Funding LLC ( dba Resurgent Capital Services ) continues to state that the Charged Off Balance is {$3800.00} and the current Account Balance is {$3000.00}. To date, LVNV Funding LLC ( dba 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. ( See attached document ) 2. In a Demand Notice ( See attachment ) from XXXX XXXX LVNV Funding LLC, debt collector states : a. The account went into default on XX/XX/XXXX b. It was charged off on XX/XX/XXXX 3. On XX/XX/XXXX, LVNV Funding LLC ( XXXX Resurgent Capital Services ) responded to a XXXX Consumer Complaint that states ( See attachment ) : a. The referenced account originated on XX/XX/XXXX with WebBank. b. The account charged off on XX/XX/XXXX with a balance of {$3800.00}. c. 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? d. Per LVNV Funding LLC ( dba Resurgent Capital Services ), the current account balance is {$3000.00} e. The attached information 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. ( See attached documentation from the original credit service provider, XXXX XXXX ) 4. As per an opinion letter published by the FTC, reporting the collection to the credit bureaus is considered continued collection activity. LVNV Funding LLC XXXX XXXXXXXX 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. 5. 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 as well as the chain of assignment from the original creditor. LVNV Funding LLC has the burden to prove that I am responsible for the correct debt amount. To meet this burden, LVNV Funding LLC must show how it came to acquire it. The sale or assignment of a debt from the original creditor to a new creditor must sufficiently identify my particular debt to be valid. To prove that the alleged debt is attributable to me, LVNV Funding LLC must prove the establishment of that debt. This usually means producing an original contract and a chain of assignment as well by showing a complete original accounting of the alleged balance. This generally includes a full set of original account statements. The burden of proof is on LVNV Funding LLC to show it owns the debt and to show that I am liable for the correct amount LVNV Funding LLC asserts that I owe. The current creditors say-so is not enough to persuade me that the correct debt amount is actually owed. LVNV can not claim custodian testimony under the business records exception to the hearsay rule. Its custodian may be familiar with its business records. The business records exception does not create a documentary record where one does not exist. I am requesting that LVNV Funding LLC 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 In a court of law, the current creditor must show you that it has title to the alleged debt amount. How do I protect myself from fraudulent claims? I want to see the chain of title to make sure there is good title from the original creditor. At a minimum, they must show me the Purchase Agreement where they supposedly bought my debt, and they will have to show that my debt was included in the Purchase Agreement. 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 LVNV Funding. Under FDCPA, I have the right to sue 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 LVNV Funding did not follow the law then I have the option to sue them under FCRA and 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 LVNV Funding LLC ( dba Resurgent Capital Services ) claim I owe per 15 USC1692g Sec.809 ( b ) of the FDCPA. In summary, I am requesting the following documentation from LVNV Funding LLC ( dba Resurgent Capital Services ) : 1. Chain of Assignment Not Proven : The debt buyer must provide reliable documentation to validate ownership and to prove the entire unbroken chain of assignment from original creditor ( WebBank ) to current creditor ( LVNV Funding LLC ). Terms and conditions governing the Bill of Sale including any representations, warranties and disclaimers are necessary. 2. Account Stated Not Proven : Account stated requires that a new relationship between LVNV Funding LLC ( XXXX Resurgent Capital Services ) and myself exists and an agreement to pay the correct amount which requires proof of prior transactions or an implied agreement to the correct alleged amount due. Therefore, it is necessary for debt collector to prove its status as the assignee. 3. Original Contracts : The debt buyer must provide reliable documentation to prove the terms and conditions of underlying contracts including authenticated copies showing that the alleged debt is accurate. The lack of account details makes tying the assignments to the alleged debt impossible. Without terms and conditions of the original contract, it is impossible to prove contractual rights to issue payments to LVNV Funding LLC ( XXXX Resurgent Capital Services ). 4. Full Accounting of Alleged Debt from Original Creditor : Without full accounting of how all charges and payments were allocated, it is assumed that LVNV Funding LLC ( dba 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. XXXX XXXX XXXX ( previous credit service provider for WebBank ) repeatedly agreed to multiple settlement offers and then for no valid reason would terminate the agreements as I now understand is a FDCPA violation. Per the attached copies, you can see that an unsophisticated person would not be able to verify the accurate balance due since it appears that interest and fees were added each time that XXXX illegally terminated the settlement agreements in order to falsely inflate the outstanding balance. b. 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. XXXX 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 ) 5. Proof of Personal Knowledge : To meet its burden, the proof submitted by LVNV Funding LLC must be based on personal knowledge. Personal knowledge means that the person offering the evidence on behalf of LVNV Funding LLC 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.
Company Response:
State: SC
Zip: 297XX
Submitted Via: Web
Date Sent: 2022-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-02
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: RESURGENT CAPITAL SERVICES IS ATTEMPTING TO COLLECT ON A DEBT THATS NOT EVEN MINE, THEY IN TURN PURCHASED IT FROM ANOTHER DEBT COLLECTOR XXXX XXXX XXXX, THEIR REFERENCE NUMER IS XXXX FOR A BALANCE OF XXXX. THEY CLAIM THE ACCOUNT ORIGINATED FROM XXXX, WHICH IVE NEVER HAD AN ACCOUNT WITH. THEY ARE THREATENING LEGAL ACTION, OF WHICH THEY CANT COLLECT ANYTHING BECAUSE XXXX ON SSXXXX WHICH MEANS MY INCOME IS FEDERALLY PROTECTED. I AM DEMANDING A VALIDATION LETTER WHICH I AM ENTITLED TO WITHIN 5 BUSINESS DAYS. I ALSO WANT THEM TO STOP CONTACTING ME ON THIS MATTER.
Company Response:
State: NV
Zip: 89102
Submitted Via: Web
Date Sent: 2022-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit act LVNV FUNDING LLC # XXXX, has violated my rights. 15 U.S.C 1681 section 602 A States I have a right to privacy. 15 U.S.C 1681 Section 604 A Section XXXX : It also states a consumer reporting agency can not furnish an account without my written instructions.
Company Response:
State: GA
Zip: 308XX
Submitted Via: Web
Date Sent: 2022-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received a second notice from Resurgent stating an account was sold to them XX/XX/2022 and the new owner is LVNV Funding LLC I previously sent a letter requesting validation of the alleged debt which : According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract on all accounts and they did no such thing I am now receiving harassing mail and email I requested them to cease and desist ALL communication from me! and they have violated my request. First and foremost, it is illegal for a collection agency to buy up a debt and assume that the debt is yours without a consumers written consent. YOU have failed to validate the alleged debt which you are in violation of my rights per the FCRA for falsely reporting unvalidated information on my credit file. I am requesting a COPY of the alleged original consumer contract SIGNED by me unless you can provide the requested documentation you are violating my rights as a consumer. A statement is not a debt validation you are in validation of my consumer rights. Pursuant to the Fair Debt Collection Practices Act, STOP communicating with me regarding the above-referenced accounts.
Company Response:
State: IN
Zip: 46239
Submitted Via: Web
Date Sent: 2022-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-01
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/XXXX Certified Mail XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Credit Report Dispute XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Dear Sir or Madam : After reviewing my credit report, I am writing to dispute the following inaccurate information. LVNV FUNDING LLC ACCOUNT ENDING IN XXXX ALLEGED BALANCE {$500.00} The information listed is incorrect. I previously filed a dispute when the balance was still owned by the original creditor. The original creditor was listed as a XXXX retail credit card. At that time the original creditor and Credit Reporting Agencies agreed with my dispute or couldnt verify the disputed information, and the debt was deleted from my credit file. It was shocking and damaging to me to find that suddenly the debt has been republished on my report, under the name of a new lender, without showing any indication the debt is disputed. This is not right and is directly impacting me in negative ways. XXXX previously removed the accounts from my credit file, but I recently discovered this debt is back on my XXXX credit report. As XXXX XX/XX/XXXX, XXXX began to report the account once more on my credit file. This isnt right and the loan should be deleted from my file like it was several months ago. Please let me know if you have any questions. Sincerely, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I told this company to cease all communication. but this company is still showing on my report I know that consumer law cease of communication also meant to stop the communication of whats being reported on my consumer report. Stop communicating on All MEDIUMS DIRECTLY AND INDIRECTLY.
Company Response:
State: NY
Zip: 10459
Submitted Via: Web
Date Sent: 2022-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-30
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am a legal resident of Delaware and after doing some investigation on the company attempting to collect a debt. I discovered that LVNV Funding LLC. is not legally Licensed to collect debts in the state of Delaware.
Company Response:
State: DE
Zip: 19973
Submitted Via: Web
Date Sent: 2022-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-10-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Section 615 ( g ) of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681m ( g ), requires debt collectors to notify third parties that a debt may be fraudulent or may be the result of identity theft. This notification requirement does not apply when the person collecting the debt is collecting its own loans. When a person is notified that any information relating to a debt that it is attempting to collect may be fraudulent or may be the result of identity theft, the person must notify the third party of this fact. In addition, if the consumer, to whom the debt purportedly relates, requests information about the transaction, the person must provide all of the information that would otherwise be required under other provisions of law applicable to them if the consumer wished to dispute such debt.
Company Response:
State: CA
Zip: 90028
Submitted Via: Web
Date Sent: 2022-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A