Date Received: 2024-01-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. Because of this I could not purchase a home or gain a credit card. I never gave this company my information or endorsed an instrument with them. Pursuant to 12 CFR 1006.6, more specifically subsection ( c ), this is a notice to cease all communications as the Fair debt collection practices act describes it which includes both direct and indirect communication on ANY medium except that you may ONLY communicate with me under the stipulations that you will send me validating information such as the entire purchase agreement ( and other validating data ) and/or to respond to ANY complaints from the Consumer Financial Protection Bureau ( cfpb ). In case this company feigns ignorance, I attached a screenshot of the XXXX website explaining how the FDCPA defines communication. I did not endorse an instrument with LVNV FUNDING nor have they provided proof that I did with my wet ink signature, they only purchased a contract and are trying to collect without having it endorsed first which violates Uniform Commercial Code 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
Company Response:
State: MI
Zip: 48038
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: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am writing to dispute the collection account associated with my name and reported on my credit report by your agency. I recently received the correspondence you provided, including what you claim to be a contract between your agency and the original creditor. However, after careful review, I find that the details you mention in your letter does not validate the legitimacy of your claim to collect the alleged debt on behalf of the creditor.
Company Response:
State: PA
Zip: 19120
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: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I was sued by XXXX XXXX XXXX for a debt that was already paid.I entered into a settlement agreement with the creditor for the amount of {$880.00} from the original amount of {$1200.00}. The creditor 's attorney at the time, XXXX and XXXX, XXXX, sent me a notice that the debt had been settled and the account closed ( please see the letter dated XX/XX/year> ). I was never served with any paperwork for the suit that was fled regardless of the XXXX XXXX court documents from XXXX XXXX indicating she was served on XX/XX/year>, and she maintains that the debt was settled prior to the suit. I hired a lawyer who has requested XXXX XXXX XXXX vacate the judgement and after XXXX letters they have failed to reply.
Company Response:
State: TN
Zip: 38135
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding LLC has sent multiple letters and statements claiming that I owe them an amount of money that has yet deemed to be proven. I have never used LVNV Funding LLC, I have never received a service from them and I am being contacted frequently for collection of money for a debt that is not mine. I have disputed this account and LVNV Funding LLC has never shown any signed agreements or contracts with my signature. My credit report has been reported negatively due to false reporting of this unknown debt/account. I demand that this be removed from my credit report due to inability to prove my ownership of this debt.
Company Response:
State: CA
Zip: 92563
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: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have sent several disputes trying to get this info. Resurgent refuses to provide the credit card agreement that i would have been provided when applying for this card. They also will not send over the written application with my signature as the original creditor couldn't get this either. When i originally reported this identity theft to them, they closed the account and removed from my credit then i guess sold this to Resurgent. This account is fraudulent and is on my credit. I want the documents proving this is my debt ( as they don't exist ) so that i may file a claim/police report for this and need those documents. If they can not supply, this needs to be closed and removed from my report. If they can, i can file my identity theft claim and police report and can supply this to get this closed and removed. I had several accounts in XXXX that were opened in my name and this is the last one i have been trying to get taken care of. Resurgent has refused to supply the documents required to validate. Not to mention, i was never given the 30 days of dunning to dispute originally or i would have disputed at the very beginning!
Company Response:
State: TX
Zip: 78641
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: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV FUNDING LLC 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 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX removed this from my consumer report. I am requesting for LVNV to verify my Social Security Number, I am requesting them to provide the contract I signed with XXXX XXXX for this Credit Card. I am requesting them to show proof I provided all verification to apply for this credit card. I am disputing the date they are reporting the informationt to the credit bureaus because I do not owe XXXX XXXX
Company Response:
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, XXXX, and LVNV funding LLC do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to LVNV funding LLC, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' LVNV funding LLC ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. LVNV funding LLC is not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. I also requested all corporations to fill out a form 1020 and return back to me and still haven't gotten it.
Company Response:
State: MI
Zip: 49203
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am writing once again to bring to your attention a persistent issue I have encountered with LVNV Funding LLC, also known as Resurgent Capital Services, which has adversely affected my credit profile. I want to highlight that I lodged a complaint with this firm ( CFPB ) on multiple occasions. However, the responses from LVNV Funding have lacked credibility, and my request for a signed contract has been met with an unsigned duplication from 2018. Moreover, the statements provided have not shown specific charges or any acknowledgment from me regarding the account in 2018. Despite my efforts to resolve this matter through various channels, it seems that, as a consumer, I have limited rights or advocacy. It appears that as long as the company responds, regardless of the validity or accuracy of their response, they can continue to adversely impact my credit. Even XXXX, the credit bureau XXXX, acknowledges the questionable practices of LVNV Funding but claims to have no alternative but to report the information provided. I want to emphasize that XXXX is the only bureau that persists in reporting inaccurate information despite my repeated attempts to obtain the requested information. In contrast, both XXXX and XXXX have ceased reporting this matter, acknowledging its unfounded nature and the unethical practices involved. This disparity underscores the urgency and significance of promptly addressing this issue. I am reaching out to you with the hope that you can once again discern the gravity of my situation and may be able to provide assistance and advocacy on my behalf. It is disheartening that, thus far, no one seems to care or offer guidance in addressing this concerning situation, allowing this company to persist in its questionable practices. In my pursuit of support, with the ultimate goal of having this unsubstantiated debt removed from my credit profile, I have also sought assistance from the Office of the Attorney General and the U.S. Government XXXX XXXX. My commitment to raising awareness on this issue persists, not only for my own resolution but also for others who may have fallen victim to the unethical practices of LVNV Funding.
Company Response:
State: VA
Zip: 23112
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am not liable for this debt with XXXX XXXX XXXX XXXX. I do not have a contract with LVNV Funding LLC. They did not provide me with original contract as I requested.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This company is reporting on my credit and I am still waiting on a response from them along with requested documents for the alleged debt.
Company Response:
State: NC
Zip: 28273
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A