Date Received: 2022-07-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I told them two weeks ago to stop calling my phone to talk to a person who isn't me. They have called me over 15 times within two weeks.
Company Response:
State: GA
Zip: 30033
Submitted Via: Web
Date Sent: 2022-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-14
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: This letter is to inform you that the above referenced accounts being reported by your company on my credit reports is hereby disputed for lack of completeness and/or accuracy. I have recently opted out from all secondary credit reporting so please do not rely on them for accuracy for they should not be sharing any of my information. I recently tried to verify these accounts with the credit reporting bureaus. You have yet to provide proof other than word of mouth. Where are the documents and authorizations for these accounts? I am disputing the following information directly with you, the furnisher of information, and I am requesting that you conduct a full investigation and provide me with the documents showing where these accounts originate. Please provide documented proof that I am the owner. Lastly please remove the following collection accounts from credit reporting : These accounts are not mine. My credit report was accessed under false pretenses which is identity theft. I will be filing consumer complaints so that these companies are fined for the vicious and malicious practices. I will sue if necessary I am also requesting that you send me an explanation of the methods used, and a description of the records reviewed, when you conducted your investigation ; including, but not limited to, sending a copy of that information to me so I can conduct my own investigation into the accuracy of your records and verify that a reasonable investigation was completed. I am exercising my right under the Fair Credit Reporting Act, Section 609, to request information regarding these items listed on my consumer credit report. As per section 609, I am entitled to see the source of the information, which is the original contract that contains my signature. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
Company Response:
State: NJ
Zip: 08094
Submitted Via: Web
Date Sent: 2022-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I recently reviewed my credit report and saw the LVNV funding LLC was reporting a negative count on my credit report I disputed this account through XXXX app but nothing came from it. It only says the Account was updated in the dispute is complete. Pursuant to 15 USC 1681b ( a ) 2 of the Fair credit reporting act it states 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. I never gave LVNV funding LLC any written instructions to furnish anything on my credit report this is a violation of the fair credit reporting act. This account should be removed immediately to prevent me from receiving further injury to my credit report.
Company Response:
State: MA
Zip: 01108
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding has sent numerous collection letters to my home requesting payment for debts I do not owe them and added these debts to my credit file. I have attempted to dispute through XXXX, XXXX and XXXX. My disputes have all been returned as verified with no distinct information to verify it is actually mine. There is no address or social security number which matches what's on file for me.
Company Response:
State: FL
Zip: 328XX
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV FUNDING LLLC is attempting to collect an alleged debt that is uncollectable for the following reasons : 1. Creditor is in breach of any alleged agreement that it claims I am bound by. 2. Creditor failed to make full disclosure in its credit card agreement prior to soliciting my application to be bound by it. 3. Due to the breach and lack of full disclosure, you are attempting to collect an alleged debt from me, you are committing false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, committing fraud. 4. Creditor has failed to fully disclose the fact that it sold its credit card receivables relating to the alleged account that you claim I am bound by. This transaction is a securitization. 5. Due to the securitization of the initial outstanding balances of the alleged account, creditor is not a holder in due course, and therefore has no rights or interest in the receivables you are attempting to collect. Law in support of the above : THE TRANSACTION In a credit card securitization transaction only the receivables are sold, not the accounts that generate the receivables. The financial institution retains legal ownership of the credit card accounts and can continue to change the terms on the accounts. Accounts corresponding to securitized loans are typically referred to as the designated accounts ( or sometimes trust accounts ). The initial outstanding balances on the designated accounts are sold to the trust as are the rights to any new charges on the designated accounts. Subsequently, as cardholder purchase activity generates more receivables on the designated accounts, these new receivables are purchased by the trust from the originating institution/seller/transferor. The trust uses the monthly principal payments received from the cardholders to acquire these new charges or receivables. When the securitization is initially set up, the originating institution/seller adds sufficient receivables to support the principal balance of the certificates plus an additional amount ( seller 's interest ) that serves to absorb fluctuations in the outstanding balance of the receivables. The originating institution/seller will make subsequent additions to the trust in order to keep the seller 's interest at the required level. ( Emphasis added ) See : XXXX XXXX XXXX XXXX XXXXXXXX. An originator of a typical securitization ( the transferor ) transfers a portfolio of financial assets to an SPE, commonly a trust. In " pass-through '' and " pay-through '' securitizations, receivables are transferred to the SPE at the inception of the securitization, and no further transfers are made ; all cash collections are paid to the holders of beneficial interests in the SPE. In " revolving-period '' securitizations, receivables are transferred at the inception and also periodically ( daily or monthly ) thereafter for a defined period ( commonly three to eight years ), referred to as the revolving period. During the revolving period, the SPE uses most of the cash collections to purchase additional receivables from the transferor on prearranged terms. 75. Beneficial interests in the SPE are sold to investors and the proceeds are used to pay the transferor for the assets transferred. Those beneficial interests may comprise either a single class having equity characteristics or multiple classes of interests, some having debt characteristics and others having equity characteristics. The cash collected from the portfolio is distributed to the investors and others as specified by the legal documents that established the XXXX. See XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX, XX/XX/2000 ( XXXX XXXX ) Please provide the following : 1. Agreement with your client that grants you the agent authority to collect on this alleged debt. 2. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay XXXX XXXX XXXX, and or an agreement showing I agree to pay a creditor and or their agent. 3. A copy of your oath of office confirming you are not violating 15 USC 1692 ( e ) 3 and establishing your legal standing to collect anything from me. 4. Any insurance claims been made by any creditor regarding this account. 5. Any judgments obtained by any creditor regarding this account that gives you the right to collect anything from me. 6. Name and address of alleged original creditor. 7. Name on file of alleged debtor. 8. Alleged account number. 9. Address on file for alleged debtor. 10. Amount of alleged debt and what it is for. 11. Date this alleged debt became payable. 12. If the account is charged off, the date of original charge off or delinquency. 13. Verification that this debt was assigned or sold to collector. 14. If this debt has been assigned to collector, please provide the commission amount if collection efforts are successful. 15. If this debt has been sold to collector, please provide the price for which it was sold, and proof of sale. Include all trailing documents identifying the SELLER you purchased it from and ALL PREVIOUS OWNERS. 16. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website above. 17. Agreement between your agency and I of any contractual or debtor/creditor arrangement. 18. Complete accounting of alleged debt showing how you specifically calculated the entire amount of what you say I owe. 19. Copies of any and all account level documents that show I agreed to pay what you say I owe to include original signatures. LVNV FUNDING LLLC offices has continued fail to respond to this validation request all references to this account must be deleted and completely removed from my credit files with the credit reporting agencies, and a copy of such deletion request shall be sent to me immediately. You are to cease all collection efforts as delineated under 15 USC 1692g Sec. 809 ( b ) of the FDCPA until proper validation is provided.
Company Response:
State: FL
Zip: 32808
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In accordance with the Fair Credit Reporting Act. The list of accounts below has violated my federally protected consumer rights. LVNV FUNDING LLC XXXX XXXXXXXX 15 U.S.C. 1681 section 602 A. 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. Which I did not consent to. I have not spoken to anyone from LVNV FUNDING. I have not confirmed that this is or is not my debt. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer or to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Which I have disputed for inaccuracies. There is no agreement with alleged client that grants authority to collect on this alleged debt. They knowingly are attempting to collect a debt knowing they have no signature or proof that I owe this debt which is a violation 15 U.S.C. 1692e which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Also according 18 U.S.C.8 The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States , stamps and other representatives of value, of whatever denomination, issued under any Act of Congress , and canceled United States stamps.
Company Response:
State: IL
Zip: 620XX
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: LVNV Funding LLC I received a letter from the courts of Order to default Judgment against myself & ordered to pay {$1600.00}. I was not notified or aware of a court date prior to this letter. I have a cousin that lives across the street from me home & he had noticed a man at around XXXX at night looking inside of my windows. My cousin asked the Man what he was there for & why is he looking into my house. The guy tore off a piece of paper the top corner of the paper to show why he was there & he left. I was unable to read what looked like a court document & did not think it was anything professional due to the Unprofessionalism. Sense then I have called the courts & I am now going to court. I have had a fence put up & cameras to protect myself sense.
Company Response:
State: CO
Zip: 810XX
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
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 LVNV Funding LLC, for committing identity theft. I have never given LVNV Funding LLC, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with LVNV Funding, LLC and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XX/XX/2022, I have not received any documentary evidence, such as a trilateral contract, giving LVNV Funding, LLC any right to collect on this alleged debt. I have never received any documentation requesting validation from LVNV Funding, LLC, before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If LVNV Funding, LLC, can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. 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, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. 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: GA
Zip: 30093
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: In 2018 I became aware that I was a victim of identity theft. At the time I didn't have the education and knowledge to know what to do, but when I learned that there were resources available to help me I started utilizing them to rebuild my credit after the damage that was done. One of the fraudulent accounts is still on my XXXX and XXXX credit reports and because it's listed as a collection account I'm told it really hurts my score. The collection agency name is LVNV funding and the original creditor listed on my credit report is a company called XXXX XXXX XXXX Bank, who I have never had an account with. I have attached the police report showing that I was the victim of an identity thief.
Company Response:
State: CA
Zip: 95355
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Here is a copy of the letter that was sent on XX/XX/XXXX and recieved by XXXX XXXX on behalf of XXXX XXXX at XX/XX/XXXX at XXXX am according to the us post office records and no removal or response has been made as of XX/XX/XXXX at XXXX est. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC [ XXXX ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX Regarding Account : # XXXX Reference ID : XXXX Cease and Desist Pursuant to 15 USC 1692a ( 3 ) I am the consumer Pursuant to 15 USC 1692c ( c ), I am notifying you, RESURGENT CAPITAL SERVICES, in writing that I refuse to pay this alleged debt, and I am demanding that you cease all forms of communication with me through any and all mediums, Pursuant to 15 USC 1692c ( c ) ( 2 ), I am invoking my specified remedy, as a consumer and the original creditor, and I am demanding all of the following : XXXX. XXXX out the balance on this account. 2. I do not give RESURGENT CAPITAL SERVICES, permission to bring legal action against I, the consumer, as this would be a violation of 15 USC 1692i ( b ). 3. I do require you, RESURGENT CAPITAL SERVICES, to immediately remove information about this alleged debt from my XXXX, XXXX, and XXXX credit report which is a violation of 15 USC 1692c ( b ) and 15 USC 1692b ( 2 ). 4. I do require that you, RESURGENT CAPITAL SERVICES, satisfy demands within 14business days. Pursuant to 15 USC 1692c ( c ), this cease and desist notification shall be complete upon receipt. 5.7. Pursuant to 18 USC 8 all debt is the obligation of the United States of America I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. ( 28 U.S.C. 1746 ) Executed on 06/28/2022 Without Prejudice By : XXXX XXXX XXXX XXXX XXXX. for XXXX XXXX
Company Response:
State: NC
Zip: 28625
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A