Date Received: 2024-01-13
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: To Whom It May Concern : Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et. seq., and the Fair Credit Reporting Act, 15 U.S.C. 1681 et. seq. that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address or any other personal identifiers, but a request for VALIDATION made pursuant to the above named Titles and Sections. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have reported invalidated information to any of the three major credit bureaus ( XXXX, XXXX, and XXXX XXXX ) ; this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act and Defamation of Character. It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. Please be advised that the alleged debt that you are attempting collect is uncollectable for the following reasons : XXXX. 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. XXXX. 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. 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
Company Response:
State: MA
Zip: 01841
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: They keep calling me and threatening arrest etc. its abusive behavior and language they wanted me to send gift cards
Company Response:
State: GA
Zip: 305XX
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: I, XXXX XXXX, firmly maintain that there was never a contract between myself and this agency LVN FUNDING LLC. I have serious concerns about the unauthorized acquisition of my personal information by the debt collector.
Company Response:
State: TX
Zip: 77076
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Collection account from LVNV FUNDING with account # XXXX and a balance of {$400.00}. The original creditor is XXXX XXXX XXXX XXXX XXXX I am a victim of identity theft and this debt is not mine. Collection account from LVNV FUNDING with account # XXXX and a balance of {$800.00}. The original creditor is XXXX XXXX XXXX XXXX I am a victim of identity theft and this debt is not mine. Collection account from LVNV FUNDING with account # XXXX and a balance of {$1100.00}. The original creditor is XXXX XXXX XXXX. I am a victim of identity theft and this debt is not mine. This is what i sent in and Its still on my credit report. I am a victim of identity theft.
Company Response:
State: CA
Zip: 94804
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Never received 1099 for irs for dept owed.
Company Response:
State: AZ
Zip: 851XX
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have reached out to this company several times and have requested to provide affidavit of truth or something bearing my signature to prove this debt was created by and belongs to me. The company has failed to provide and sufficient evidence. The company responded by sending a copy of the card holder agreement and stated that this was the proof they used to verify the debt was created by me. I informed the company that this did not bear my signature nor was sufficient evidence proving the debt was created by and belongs to me. I would like this debt immediately removed from my credit report.
Company Response:
State: GA
Zip: 30157
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This was a corporate account and mistakenly reported on my profile. Had your record-keeping been accurate, and where is the proof of payment history? The LVNV FUNDING LLC is willfully in violation of FCRA and condoning illegal behaviour, They must correct or remove this charge off account immediately. LVNV FUNDING ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) XXXX
Company Response:
State: HI
Zip: 96786
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Resurgent receivables llc is reporting in my credit report I have no idea who this company is I never done business with them before sending statements do not verify a account please send me copies of my signature and other personal information that would verify this account. I never done business with them or the company they bought it from please remove immediately. This account is reporting and shouldnt be thank you not my account
Company Response:
State: CA
Zip: 94578
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The following corporations and agencies have violated my consumer rights, and I will be using every remedy under federal consumer law : They have ignored every letter of online activity that was sent to them to recognize their fault in this manner : XXXX XXXX XXXX, LVNV Funding, XXXX XXXX XXXX, XXXX, and XXXX : Under my rights under the Fair Debt Collection Practices Act ( FDCPA ), I request that your agency provide detailed verification of the alleged debt, including the original creditor 's name, the nature and amount of the debt, and any relevant contractual agreements. Failure to provide such verification will be considered a violation of my rights, which he still has not provided today. In light of the lack of a contractual relationship and unauthorized access to my private information, I request that your agency cease all communication with me regarding the alleged debt. Any continued attempts to collect on this debt without proper verification will be considered a violation of the FDCPA. I expect your agencies to conduct a thorough review of this matter and provide a written response within [ a reasonable time frame of 14 days ] addressing the concerns raised in this complaint. Failure to provide evidence of a valid contractual relationship or continued unauthorized access to my private information may result in further legal action to protect my rights. According to 12 CFR 1016.7, a consumer has the right to opt out of credit reporting services at any time. Despite my explicit request to exercise this right, the necessary information on opting out has not been provided. This failure to comply with the law is unacceptable.
Company Response:
State: GA
Zip: 314XX
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Someone stole my identity from XXXX I have a police report this debt doesnt belong to me
Company Response:
State: IL
Zip: 60624
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A