Date Received: 2023-12-03
Issue: Confusing or missing disclosures
Subissue:
Consumer Complaint: I have no knowledge of this company I did not give permission for any company to sell an account that i have NO Knowledge of, I have not supplied proof under the doctrine of estoppel by silence, Engelhardt V. Gravens ( mo ) 281 SW 715,719, I presume that no proof of the alleged debt, in fact therefore exists.
Company Response:
State: TX
Zip: 75134
Submitted Via: Web
Date Sent: 2023-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-04
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: LVNV FUNDING LLC and XXXX are reporting inaccurate information onto my consumr report. LVNV Funding LLC does not have any right to force me to perform or pay an alleged debt. I refuse to contract therefore this is not a valid debt and should be returned to the original creditor and they bring forth the action. Any party to a contract or holder in due course may bring forth an action. If LVNV Funding LLC has a contract with my wet ink signature and them please provide it immediately so I may verify for myself. 15 U.S. Code 1692g - Validation of debts U.S. Code Notes prev | next ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee. 15 U.S. Code 1692e - False or misleading representations U.S. Code Notes prev | next A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.
Company Response:
State: GA
Zip: 30132
Submitted Via: Web
Date Sent: 2023-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-04
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: The collection agency is in violation of state licensing requirements.
Company Response:
State: NJ
Zip: 078XX
Submitted Via: Web
Date Sent: 2023-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-03
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I recently checked my XXXX account and noticed a unauthorized collections account under my account under collections account LVNV FUNDING LLC and the original creditor being XXXX XXXX XXXXXXXX XXXX XXXX in the amount of XXXX XXXXthat I know nothing of or applied for
Company Response:
State: TX
Zip: 77006
Submitted Via: Web
Date Sent: 2023-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-03
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I filed a complaint # XXXX in which I was complaining about inaccurate information being reported on my credit report. LVNV and XXXX XXXX is showing incorrect information on my file, and it is not being deleted. I have sent letters to verify information and they keep coming back as accurate, but the reports are not. Attached you will have the files showing where the information is not correct. The date of activity is not the same on all three reports. Two reports are showing open and one is showing closed. The dates opened are not the same on all three reports. Based on FCRA section 611 15 USC 1681, the accounts are not being reported accurately and must be deleted due to inaccuracy of credit reporting.
Company Response:
State: TX
Zip: 75702
Submitted Via: Web
Date Sent: 2023-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have accounts showing on my credit report that I did not authorize. I have become a victim of identity theft. I would like these accounts removed from my credit report immediately. These are the following companies below. XXXX XXXX XXXX XXXX XXXX XXXX XXXX LVNV Funding LLCXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: WA
Zip: 98055
Submitted Via: Web
Date Sent: 2023-12-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-02
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I did not authorize this account and did not open this account. Please repair my credit report immediately. I have a sister with the same birthday who may have been compromised because she also had tax fraud from XXXX by an unknown person. I believe this is fraud.
Company Response:
State: ID
Zip: 838XX
Submitted Via: Web
Date Sent: 2023-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-01
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have contacted the company multiple times stating this account is not mine and has not been removed. Please remove this fraudulent account from my credit report. Thank you!
Company Response:
State: CT
Zip: 06902
Submitted Via: Web
Date Sent: 2023-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-01
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I didn't not authorize this debt
Company Response:
State: FL
Zip: 33160
Submitted Via: Web
Date Sent: 2023-12-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-01
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: I first phoned Resurgent Capital Services on XX/XX/XXXX at XXXX XXXX and spoke to a representative by the name of XXXX. I've requested an account summary report in which they did send to me. I also explained to XXXX that reference ID XXXX was dated back XX/XX/XXXX and that the account was either already paid or was taken care of during a previous bankruptcy. The account information is from XXXX XXXX for merchant XXXX for the amount of {$430.00}. On their historical account information which is on the account summary report it states the original date with original creditor was XX/XX/XXXX and the charge-off date was XX/XX/XXXXXXXX XXXX XXXX Resurgent Capital Services received information from XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX I also explained to XXXX that the charge was over 15 years ago and I should not be bothered. Today XX/XX/XXXXXXXX XXXX XXXX I received an email from XXXX stating that I need to take care of my outstanding balance. They are a debt collector and they are attempting to collect a debt from me. The XXXX account number is : XXXX for the same amount of {$430.00}. Thank you, XXXX XXXX
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A