Date Received: 2022-09-09
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Multiple collection accounts with no validation provided from the original creditor showing that this account is valid. disputed with credit bureaus directly and no response with proof of validation received Accounts are not valid
Company Response:
State: CA
Zip: 90275
Submitted Via: Web
Date Sent: 2022-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/XXXX I sent a Conditional Acceptance Cease & Desist to the registered agent of LVNV Funding LLC ( " LVNV '' ) detailing their actions that harming my consumer reports. I have never given LVNV my permission to use my consumer reports as is required under 15 USC 1681b ( a ) ( 2 ) which states " In accordance with the written instructions of the consumer to whom it relates ''. I also requested proof of that written permission from the company in the event I made a mistake, the company failed to produce any documentation to show they have my written permission. On XX/XX/XXXX, a response was sent from " Resurgent Capital Services '' ( " RCS '' ) further providing proof that the company has no original contract, nor any proof of my written permission to use my consumer reports. This is a violative business practice when a company believes they do not need to have a contract to defame any individuals character. Federal law supersedes any " company policy '' and in the eyes of the court, federal statutes are the mandatory authority. Additionally, this company did not communicate with me prior to sharing my personal information with any non affiliated third party. 15 USC 6802 ( b ) states very clearly LVNV is 100 % required to communicate with me prior to sharing any information with a nonaffiliated third party. LVNV failed to communicate with me prior to doing so. Also, LVNV is indicating that the alleged debt obligation came from a company called " Webbank '' and that company is also reporting a balance on my consumer reports. As seen in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, et. al ( XX/XX/XXXX ) a company reporting a balance owed on an original debt is sufficiently pled as inaccurate and duplicative credit reporting when such a debt is turned over to a third-party debt collector who also reports the same debt balance on a consumer 's credit file. Not only is this company defaming my character without consent, they are also reporting inaccurately between the credit reporting agencies under 15 USC 1681s-2 ( 2 ). They were notified via the CRA 's that the information was inaccurate and the response from the company was these accounts are " verified ''. Precedent has already been established by the The United States of Appeals, Ninth Circuit, No XXXX XXXX XXXX XXXX XXXX that the reporting company is 100 % responsible for how the information reports. Lastly, Congress as already stated in the FCRA that inaccurate information must be removed from a consumers credit report. All the essential elements are present for not only defamation of character but extreme negligence on behalf of LVNV. Each of these violations are subject to penalties as described in 15 USC 1681n & 15 USC 1681o and as seen from previous cases of a similar nature, the Plaintiff has also been awarded punitive damages when companies have no permissible purpose. One look at PACER will show this companies long history of harassing consumers. I simply want the violative business practices to cease.
Company Response:
State: IL
Zip: 605XX
Submitted Via: Web
Date Sent: 2022-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-09
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: account showing as negative, account was paid in full never late asked for update no response to date
Company Response:
State: CA
Zip: 90275
Submitted Via: Web
Date Sent: 2022-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: PYOD LLC is listed on my credit report as the business that is certifying that I owe a debt to XXXX XXXX XXXX. However, I requested documentation as to the validity of the debt on or about XX/XX/2020, to which the company did not respond. I then disputed the debt requesting validity of a debt owed to PYOD LLC and that XXXX XXXX XXXX had my signature permitting the debt to be sold to or transferred to PYOD LLC. This was done through all three ( 3 ) credit bureaus but I have not received a response despite several requests for proof of the validity of the debt and proof.
Company Response:
State: CA
Zip: 95648
Submitted Via: Web
Date Sent: 2022-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-10
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 Account # 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 2 : 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: 2022-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-10
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 Account # 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 2 : 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: 2022-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Company is in violation of 15 USC 1692, after numerous attempts of sending debt validation letter on XX/XX/2022, XX/XX/2022, and XX/XX/2022. Information was not properly validated. States I have the right to privacy.15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions .Company is in violation of 15 USC 1692 as well as 15 U.S.C 1681 section 602 A. 1.The Truth in Lending Act is intended to inform consumers about the cost of credit. 2.The Truth in Lending Act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 3.XXXX is aware and has proof in attachment labeled as exhibit A that the corporation name is in violation of 15 USC 1692 ( C ) ( A ). A debt collector may not communicate with a consumer in connection with the collection or any debt. 4.XXXX is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( B ) ( 2 ). Any debt collector communicating with any person other than the consumer for the purpose or acquiring location information about the consumer shall not state that such consumer owes any debt. 5.XXXX is aware and has proof in attachment labeled as exhibit A that the corporation name is in violation of 15 USC 1692. ( B ) ( 5 ). Not use any language or symbol on any envelope or in the contents of any. 6.The Truth in Lending Act is intended to inform consumers about the cost of credit. 7.The Truth in Lending Act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 8.XXXX is aware and has proof in attachment labeled as exhibit A that the corporation name is in violation of 15 USC 1692. ( C ) ( A ). A debt collector may not communicate with a consumer in connection with the collection of any debt. 9.XXXX is aware and has proof in attachment labeled as exhibit A that the corporation name is in violation of 15 USC 1692 ( B ) ( 2 ). Any debt collector communicating with any person other than the consumer for the purpose or acquiring location information about the consumer Shall not state that such consumer owes any debt. 10.XXXX is aware and has proof in attachment labeled as exhibit A that corporation name violation of 15 USC 1692 . ( B ) ( 5 ). Not use any language or symbol on any envelope or in the contents of any communication affected by the mail or telegram that indicates the debt.
Company Response:
State: GA
Zip: 31907
Submitted Via: Web
Date Sent: 2022-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-07
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: A debt collector by the name of XXXX XXXX XXXX with an address of XXXX XXXX XXXX XXXX, XXXX XXXX and phone number XXXX has both called and written to me attempting to collect an alleged debt that is time barred and that they claim is owed to a debt buyer by the name of LVNV Funding LLC. The original creditor is listed as XXXX XXXX. XXXX uses this reference number : XXXX. In their own letter to me, received on XX/XX/2022, they stated, and I quote : " Because of the age of your debt, LVNV Funding LLC can not sue you for it. '' They also stated : " Because of the age of your debt, XXXX will not sue you for it. '' These two quoted statements show that XXXX and LVNV Funding both know full well that they are attempting to collect upon an alleged debt that is time barred. Federal courts have held that attempts to collect upon a time barred debt is a violation of the Fair Debts Collections Practices Act ( FDCPA ). See : " An expired statute of limitation also makes it illegal for collectors to try to collect from you. That wasnt always the case, but recent court cases now make it clear that collectors violate the Fair Debt Collection Practices Act by trying to collect an old debt. '' Source : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX At a minimum I want both XXXX and LVNV Funding to cease and desist from all communications with me regarding this alleged and time barred debt. I would also like both companies to face consequences for willfully violating the Fair Debt Collection Practices Act. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: IL
Zip: 629XX
Submitted Via: Web
Date Sent: 2022-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-07
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: LVNV funding, LLC filed a claim, commercial cause No. XXXX on the XXXX day of XX/XX/2022. No consent was given to the above cause No. Documents presented by LVNV failed to provide a valid contractual agreement under commercial law. There were no offers or acceptances authorized by my official indorsement to LVNV as the Oblige/payee. Bill of Sales, with valuable considerations were not obtained in good faith. This is fraudulent misrepresentation and in violation of 18 USC Sect. 1025 FALSE PRETENSES ON HIGH SEAS AND OTHER WATERS.
Company Response:
State: TX
Zip: 75149
Submitted Via: Web
Date Sent: 2022-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-07
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: The beginning of XX/XX/XXXX, I received a notice from my HR department at work that my wages were being garnished. My HR department provided 2 pages ( Citation Notice and the page with the calculation of the wage garnishment ). The total amount on the page was for XXXX. And from looking at the Citation page it looks like the citation was sent to an old address of mine. I never received any information from this creditor about this citation or any hearing dates. I moved to a new location as of XX/XX/XXXX and the citation paperwork was sent as of XX/XX/XXXX. I was denied " Due Process '' of the law because the creditor did not properly serve me and allow me to request any type of verification of the debt. What did I do to try and contact them - I reached out to an online law team to see if they could file papers on my behalf. The company filed an answer to the citation notice but I have not heard anything from the company ( and I'm assuming that I will not because again I did not receive the paper work when it was file and I probably missed the deadline date for the answer ). Now they have created all type of hardships for me by garnishing my wages. I spoke with the HR Dept. today and they said that now the total amount owed is XXXX. I really need help in resolving this issue with this creditor.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2022-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A