Date Received: 2022-09-11
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against Lviv Funding LLC for their abusive, deceptive, and unfair collection practices in the collection of extensions of credit. In a conspiracy with the consumer reporting agencies to cause a restraint of trade and commerce, this debt collector has engaged in racketeering activity. I have never given this company any consent to be in possession of my nonpublic personal information. I disaffirm any alleged agreement or contract between I, the consumer, and the original creditor, whether implied or explicit. This account is a billing error. Please provide me with documentary evidence of the obligors indebtedness. This company is in violation of the false claims act and is jeopardizing my consumer credit reputation with other financial institutions by fraudulently furnishing this alleged debt to coerce payment. Any payments made or future payments are a result of threat, duress, and coercion, due to undue influence. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until LVNV Funding LLC, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and LVNV Funding LLC, continues its collection efforts, I will file for litigation for actual damages caused and LVNV Funding LLC, shall be liable for violations of TILA, FCRA, GLBA, CFPA, the Sherman Antitrust Act, Robinson-Patman Act, Clayton Act XXXX FTC ACT and RICO Act. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: CA
Zip: 91605
Submitted Via: Web
Date Sent: 2022-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV contacting me about debt that I don't owe to them. LVNV contacting me without my permission.
Company Response:
State: GA
Zip: 30016
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: B ased On 15 U.S. Code 1681c-2 a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that results from alleged Identity theft, not later than 4 business days after the date of receipt. It has been 30 days and you are in VIOLATION of this law because I am a victim of identity theft!! Please delete these items as soon as possible! These accounts should not be furnished on my consumer report as they are in VILOATION Under, 15 U.S. Code 1681b- Permissible purposes of consumer reports ( a ) 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 INSTRUCTION of the consumer to whom it relates. I NEVER gave any consumer reporting agency WRITTEN CONSENT to report anything on my consumer report which violates my rights as a federal protected consumer. NO CONSENT IS IDENTITY THEFT. As a consumer I am demanding the deletion of the accounts listed IMMEDIATELY. Account : XXXX XXXX XXXX XXXX Account : XXXX XXXX XXXXXXXX XXXX
Company Response:
State: MI
Zip: 48180
Submitted Via: Web
Date Sent: 2022-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: LVNV have aggressively tried to collect an alleged debt they did not validate. They purchased this debt without properly notifying me of the action. The refused me of my right to dispute. This debt buyer company thinks they are bigger than the law. They have tried to coerce payment on several occasion through consistent emails demanding a payment.
Company Response:
State: FL
Zip: 32826
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have already contacted the original creditor and informed them of the identity fraud that I have been dealing with. Im not sure why this company is maliciously trying to collect a debt that isnt owed by me.
Company Response:
State: GA
Zip: 30132
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This was a debt originally with XXXX XXXX Bank in the amount of just over {$500.00} ; however, I lost my job during COVID-19 and was not able to make payments. I eventually got a job but with fewer hours and reduced pay - could not afford payments. I contacted XXXX XXXX Bank to notify them of my hardship but they were not helpful. Now, I see this on my credit report for an amount of over {$900.00} - which is FALSE. The last payment made on this XXXX XXXX account was in 2020... it should not be this high!
Company Response:
State: IA
Zip: 501XX
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-10
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I am filing a complaint against Resurgent Capital Services, L.P. for violating the Fair Debt Collections Practices Act ( FDCPA ). Today I received in the mail a letter from Resurgent Capital Services dated XX/XX/2022, regarding my account ending in XXXX and advising me that this letter serves as notification the effective XX/XX/2022 LVNV Funding LLC has placed your account with Resurgent Capital Services, L.P. for servicing. This letter also states their records show that my account has an outstanding balance that has not yet been resolved. This letter indicates my account being placed with Resurgent Capital Services on XX/XX/2022, but the letter does not indicate anywhere where I have 30 days to dispute this alleged debt. Under the FDCPA Section 809 Validation of debts it states that the debt collector must provide a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, any portion thereof, the debt will be assumed to be valid by the debt collector. This statement is nowhere stated on this letter dated XX/XX/2022, which is a clear violation of the FDCPA. But here is where things get crazy because I previously received a letter dated XX/XX/2022, advising me that my account has a new home with Resurgent Capital Services, L.P. as my account ending in XXXX ( Reference ID : XXXX in the amount of {$5000.00} ) had been sold on XX/XX/2022 and the new owner is LVNV Funding LLC. Also states in this same letter that effective XX/XX/2022, LVNV Funding LLC placed your account with Resurgent Capital Services L.P. for servicing. On page 4 of this letter dated XX/XX/2022, it states how you can dispute the debt? I could call or write to them by XX/XX/2022, to dispute all or part of the debt. If you dont, we will assume that our information is correct. It also states in this letter that if you write to us by XX/XX/2022, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. I also received a second dated XX/XX/2022, advising me that my account has a new home with Resurgent Capital Services, L.P. as my account ending in XXXX ( Reference ID : XXXX in the amount of {$8300.00} ) had been sold on XX/XX/2022 and the new owner is LVNV Funding LLC. Also states in this same letter that effective XX/XX/2022, LVNV Funding LLC placed your account with Resurgent Capital Services XXXX for servicing. On page 4 of this letter dated XX/XX/2022, it states how you can dispute the debt? I could call or write to them by XX/XX/2022, to dispute all or part of the debt. If you dont, we will assume that our information is correct. It also states in this letter that if you write to us by XX/XX/2022, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. On or about XX/XX/2022, I sent a letter to Resurgent Capital Services, L.P., disputing my account ending in XXXX and with Reference ID : XXXX in the amount of {$5000.00} and a second letter to Resurgent Capital Services, L.P., disputing my account ending in XXXX and with Reference ID : XXXX in the amount of {$8300.00} with both letters in same envelope were mailed via XXXX XXXX Mail with Tracking Number XXXX which shows this envelope being delivered to Resurgent Capital Services, L.P. on XXXX XXXX at XXXX in XXXX XXXX SC XXXX. A few weeks later, I received 2 letters dated XX/XX/2022, from to Resurgent Capital Services, L.P. regarding both above mentioned accounts has initiated a review of the inquiry recently received. They failed to acknowledge that I was in fact disputing both of these accounts. Resurgent Capital Services, L.P. has yet to provide me proof of debt on either of the above-mentioned accounts. Again, I have the right to request verification of my debt ( XXXX ) within 30 days. This period is sometimes called the XXXX XXXX. After Resurgent Capital Services, L.P. received my dispute letters dated XX/XX/2022, they must have stopped all attempts to collect this debt from me which they failed to do so also violating the FDCPA. Resurgent Capital Services, L.P. continued to call and leave voice-mail messages and on a daily basis sent me collection notices via email as these actions are also a violation of the FDCPA. Resurgent Capital Services, L.P. also is not allowed to list both of the above-mentioned debts on my credit report after receiving my dispute letters. Resurgent Capital Services, L.P. did the opposite as both the above mentioned debts were not reported on my credit reports until after they received both my dispute letters, then Resurgent Capital Services, L.P. reported both the above mentioned debts on my credit report which is also not only a violation of the FDCPA, but by reporting these disputed debts to the 3 major reporting credit agencies, caused my Credit Score to seriously plumet so insurance companies have taken advantage of my lower credit score by increasing my insurance premiums by at least 25 % which is not right! I strongly believe I should be financially reimbursed by Resurgent Capital Services, L.P. for their actions not only violating the FDCPA, but also for negatively impacting my credit reports and credit scores. Apparently, a debt collector such as Resurgent Capital Services, L.P., can take as long as they want to respond to my letter request to validate both of my above-mentioned debts. Most debt collection agencies normally respond within either XXXX to 30 days or they never respond when they cant in fact validate a debt. I strongly believe that Resurgent Capital Services, L.P. cant prove the validation of both of the above-mentioned debts which is why Resurgent Capital Services , L.P. never sent me proof supporting that I in fact owed both debts mentioned above. Instead of Resurgent Capital Services, L.P. sending me proof of my above-mentioned debts or acknowledge the fact that I am disputing the same above-mentioned debts as well, Resurgent Capital Services, L.P. , is trying to erase the fact that I have sent debt validation letters not only requesting validation of the above-mentioned debts, but also the fact that I was disputing both above mentioned debts as well. I strongly believe that Resurgent Capital Services, L.P. is trying to erase both my letters dated XX/XX/2022, in regards to both the above-mentioned debts is Resurgent Capital Services XXXX L.P. can not provide proof that I in fact owe both the above-mentioned debts. The way Resurgent Capital Services, L.P. is trying to erase my previous letters is by trying to start the entire debt notification process over again which should also be a violation of the FDCPA. Proof of this action is in Resurgent Capital Services, L.P. letter dated XX/XX/2022 which against states that this letter is notification that effective XX/XX/2022 and not XX/XX/2022 as originally stated in the letter dated XX/XX/2022, that XXXX has placed my account with Resurgent Capital Services, L.P. for servicing. This letter dated XX/XX/2022, also states that because my account has not been resolved, it has now been moved into a six-month accelerated prelegal collections track. This letter also states this track is the last stop in collection efforts before the account is considered for referral to an attorney. This letter also states that if I do not establish a plan with. Resurgent Capital Services, L.P. to resolve my account ( s ) before the end of the prelegal track, it may be forwarded to an attorney to review for possible lawsuit. Again, this letter does not give me the opportunity to dispute this debt, which is again a violation of the FDCPA, but this letter does not mention the previous letter that was sent by Resurgent Capital Services, L.P. dated XX/XX/2022. I believe the reasoning behind this is they can not in fact validate either of the above mentioned debts and Resurgent Capital Services, L.P. is now trying to intimate me into establishing some type of payment plan with. Resurgent Capital Services, L.P. in order to avoid a possible lawsuit against me which again is not right. I sent XXXX dispute letters dated XX/XX/2022, to Resurgent Capital Services, L.P. advising them to provide proof I owe these debts as well as the fact I was also disputing both of these debts with providing documentation to support my disputes. Resurgent Capital Services, L.P. acknowledged the fact they received my letters dated XX/XX/2022, with their letters dated XX/XX/2022, but these same letters did not mention the fact I was disputing both of the above-mentioned debts. I also strongly believe that Resurgent Capital Services, L.P. letter dated XX/XX/2022, violates several sections within the FDCPA. I also strongly believe that the date for Resurgent Capital Services, L.P. provide documentation to support the two above mentioned debts ended on XX/XX/2022, when Resurgent Capital Services, L.P. sent me a letter dated XX/XX/2022 which clearly states that this letter will serve notification that effective XX/XX/2022 LVNV Funding LLC has placed my account with Resurgent Capital Services, L.P. for servicing which implies that Resurgent Capital Services, L.P. just received this account as a new account which is not true according to the later dated XX/XX/2022 from Resurgent Capital Services, L.P. which advises that Resurgent Capital Services, L.P. had my account placed with them back on XX/XX/2022 and not XX/XX/2022. So far, I have only received XXXX letter dated XX/XX/2022, regarding both the above-mentioned accounts from Resurgent Capital Services XXXX XXXX, XXXX they previously sent me XXXX letters dated XX/XX/2022 & XXXX letters dated XX/XX/2022, so I am assuming I will either be receiving a second letter date XX/XX/2022, or it may have been lost in the mail. To me this is serious fraud and Resurgent Capital Services, L.P. should be forced to not only cease and desist on collecting both above mentioned accounts, but also be forced to have both above mentioned accounts be removed immediately from the 3 major credit reporting agencies. I strongly believe I should receive some type of financial compensation for the damage that Resurgent Capital Services, L.P. has done to my credit scores which has caused me financial harm as an example would be insurance companies have increased my annual premiums as a result of my lower credit score which was caused by Resurgent Capital Services, L.P. when they reported both the above mention accounts to be reported as collections status with all 3 of the major credit reporting agencies. I would greatly appreciate it if your federal agency could follow up with the 3 major credit reporting agencies to make sure Resurgent Capital Services, L.P. has removed both above-mentioned accounts from all 3 of my credit reports. Thank you very much in advance for your assistance.
Company Response:
State: NM
Zip: 87144
Submitted Via: Web
Date Sent: 2022-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This company is trying to collect a debt not owed due to identity theft. I have provided the company with FTC report as well as police report. This company reports a false address. I have lived at the same address the last 31 years.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am reaching out in regards to my my payment history. I would like to update it with late payments removed. The reason being is because these reports on my consumer report are causing me extreme stress. I am stressed because its not supposed to be there also making it hard for me to network. I seriously dont appreciate this. This is literally causing me hardship, these illegal practices being done! Late payments are literally illegal, Billing Error 15 U.S code 1666b. I would like to demand these be removed. Please help me out.
Company Response:
State: IL
Zip: 60619
Submitted Via: Web
Date Sent: 2022-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-09
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Incorrect dates on reports The file date and report date are different
Company Response:
State: TX
Zip: 75216
Submitted Via: Web
Date Sent: 2022-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A