Date Received: 2023-09-22
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: I am not liable for this debt. I have made the company aware that it is due to identity theft. A police report has been filed and still be slandering. My name with reporting agencies. When it is clear, that it is identity theft I am without a job, and XXXX is my only means he says run any chances I had of being stable again and has pushed me towards XXXX concerning my mental health. Please help me.
Company Response:
State: FL
Zip: 33032
Submitted Via: Web
Date Sent: 2023-09-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-22
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I told these companies that I did not open this account, nor did I approve this account. I am not okay with the damage that has been done to my credit. I feel as though I have been a victim of someone's cruel attempt at a come up.
Company Response:
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2023-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: lvnv funding sued me for a unknown debt. Agency vigorously did writ of wage garnishment on me, NEVER GAVE ME ANY NOITIFICATION ABOUT THE DEBT OR HOW TO RESOLVE ETC OR WHERE THE DEBT ORIGINATED... WAS NEVER SERVED ANYHTING! Also i never signed any agreements for the debt to be sold!!
Company Response:
State: MD
Zip: 216XX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXX : account # XXXX XXXX XXXXXXXX : account # XXXX XXXX XXXX : account # XXXX XXXX XXXX : account # XXXX XXXX XXXX : account # XXXX XXXX XXXX : account # XXXX has violated my rights. 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 15 U.S.C 1681c. ( a ) ( 5 ) Section States : 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. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: IN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Electronic communications
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have disputed this several times including through CFPB. It appears that the CFPB isn't performing it's duties and obligations in enforcing regulations and consumer complaints. Consumer will continue to complain to other agencies and CFPB until this issue is properly addressed. The referenced account has been removed from other consumer reports but continues to report to my XXXX consumer report. I'm addressing this company again pre lawsuit. Resurgent/Lvnv Funding company continues to violation of FDCPA, PA, FCRA, ECOA, RICO, CCPA and FTCA CCPA have the right to 2500 or 7500 per violation. 15 USC 1681n, 15 USC 1681b, 15 USC 6801, 15 USC 1681a, 15 USC 1666b, 15 USC 1681e, 12 CFR 1022.3 Please remove this account from consumer report immediately. Per listed violations above, consumer reporting must have my written consent. Per listed violations above, consumer report can not report late payments nor transaction history relating to account. Consumer does not agree nor consent to use of my private consumer report. Please cease and desist all communication activities including communication with me through consumer reporting. This is a deceptive practice by Resurgent/Lvnv Funding and is in violation of my privacy under Privacy Act of 1974. I did not verbally nor did I provide written agreement of sharing my personal information with 3rd party, non-affiliate companies as I am opt-out of 3rd party and non-affiliate sharing of my information. the consumer will take it a step further in seeking remedy per 15 USC 1692k. reporting under the Fair Credit Reporting act but also this damage could affect my rights to credit under the Equal Credit Opportunity Act if fraudulently reported. I ask that unless Resurgent/Lvnv Funding can provide me original signed contracts with my signature, that you cease and desist. Resurgent/Lvnv Funding is harassing me and failed to provide any documentary evidence of such alleged debt. There is no true bill.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Electronic communications
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have disputed this several times including through CFPB. It appears that the CFPB isn't performing it's duties and obligations in enforcing regulations and consumer complaints. Consumer will continue to complain to other agencies and CFPB until this issue is properly addressed. The referenced account has been removed from other consumer reports but continues to report to my XXXX consumer report. I'm addressing this company again pre lawsuit. Resurgent/Lvnv Funding company continues to violation of FDCPA, PA, FCRA, ECOA, RICO, CCPA and FTCA CCPA have the right to 2500 or 7500 per violation. 15 USC 1681n, 15 USC 1681b, 15 USC 6801, 15 USC 1681a, 15 USC 1666b, 15 USC 1681e, 12 CFR 1022.3 Please remove this account from consumer report immediately. Per listed violations above, consumer reporting must have my written consent. Per listed violations above, consumer report can not report late payments nor transaction history relating to account. Consumer does not agree nor consent to use of my private consumer report. Please cease and desist all communication activities including communication with me through consumer reporting. This is a deceptive practice by Resurgent/Lvnv Funding and is in violation of my privacy under Privacy Act of 1974. I did not verbally nor did I provide written agreement of sharing my personal information with 3rd party, non-affiliate companies as I am opt-out of 3rd party and non-affiliate sharing of my information. the consumer will take it a step further in seeking remedy per 15 USC 1692k. reporting under the Fair Credit Reporting act but also this damage could affect my rights to credit under the Equal Credit Opportunity Act if fraudulently reported. I ask that unless Resurgent/Lvnv Funding can provide me original signed contracts with my signature, that you cease and desist. Resurgent/Lvnv Funding is harassing me and failed to provide any documentary evidence of such alleged debt. There is no true bill.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I disputed items inaccurate on my credit report.This is not my debt. I asked for a signatures, agreements, purchase information such as who authorized, where items were bought, delivered to, picked up from- etc.The companies only provided me with monthly statements. I argued that this is not proof of a debt owed the company said that they verified my name and address so its considered valid. I explained that they are violating FCRA REGULATIONS. They said that they are well within their rights as a creditor/ credit reporting agency
Company Response:
State: GA
Zip: 30134
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: The creditor and collection agent as fiduciaries breached good faith and fair dealings with agreements crafted by a corporation 's unlawful practice of law with the intent of unlawfully converting the subrogee 's chose-in-action and wilfully and knowingly deprived equitable interest, rights and ownership of the chose-in-acton when requested. The creditor/subrogor and collection agent turned a blind eye to the previous notices of subrogation and equitable interest with the most recent being XXXX. In the process Adverse action was taken by the creditor for attempting to assert my rights, the account was closed when rights to interest and redemption were communicated. One who seeks equity must do equity. Equity will not suffer a wrong without a remedy. Equity follows the law. Principal and Agent are vicariously liable for the other. In this era when credit has become one of the instrumentalities of business to which men pay homage, intangible property rights must be considered when conversion is discussed. Stocks, bonds, evidences of debt, debentures, insurance policies, contracts and other choses-in-action play a prominent role in present-day credit economy. Conversion has been defined as a " wrongful interference over personal property, inconsistent with or in denial of the dominion of the person entitled to possession thereof. It is " any dealing with the property of another which excludes the owner 's dominion. '' The gist of conversion is the unauthorized assumption of the powers of the true owner. '' A " chose in action '' is a personal right not reduced to possession. For example, shares of stock, and debts represented by negotiable instruments and savings bankbooks are all choses in action. They are personal property rights, not reducible to immediate tangible possession, not capable of physical delivery ; but recoverable only in an action at equity or law. Trover action will lie for the wrongful conversion of ... bonds, or other securities for the payment of money. This is true with regard to both negotiable and non-negotiable bonds. Even where bonds have been stolen, and a forged indorsement used to obtain new bonds from the corporation, the owner was allowed to recover the bonds from an innocent third party into whose hands the bonds had come. A bond being evidenced by a tangible writing, the courts have no trouble in finding the necessary dominion to allow an action for conversion. '' The underlying debt is immediately converted on the wrongful taking of a negotiable bond, and may be generally assumed to be converted in the case of a non-negotiable bond. Trover is a legal action that a property owner can take to recover the value of personal property that was wrongfully taken. The plaintiff must show that they had title or possession of the property at the time the action was filed. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Trover is different from other remedies for wrongful taking because the plaintiff only recovers the value of the property, not the property itself. The plaintiff can sue the person who first converted the goods, or anyone else to whom the goods were delivered. Today, the tort of conversion has subsumed both trover and detinue, and a plaintiff can request legal relief ( money damages ) or equitable relief ( return of property ). See, e.g. Burgess v. Small, 117 A.2d 344 ( Me. 1955 ) It has been well settled beyond controversy under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed; when Congress borrowed We The Peoples private credit, it created a sovereign redemption and subrogation right in We The People and a breach of trust by the subrogors and mortgagees when they clog the We The Peoples right to redeem their collateral borrowed and the securities created on account by indorsement and interfere in commerce. It is against equity for freemen not to have the free disposal of their own property and financial assets. NOTICE. I am aware, pursuant to Title 15 U.S.C. 78c, Section 10 the term security means any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities ( including any interest therein or based on the value thereof ), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a security ; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing ; but shall not include currency or any note, draft, bill of exchange, or bankers acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited. The promise to pay or promissory note with a maturity longer than nine ( 9 ) months created in this transaction is a security ; NOTICE. DEBT INSTRUMENT. In general Except as provided in subparagraph ( B ), the term debt instrument means a bond, debenture, note, or certificate or other evidence of indebtedness. Title 26 USC 1275 ( a ) ( 1 ) NOTICE. BOND. The term bond includes any obligation. Title 26 USC 150 ( a ) ( 1 ) ; NOTICE. BENEFIT. This word is used in the same sense as gain ( q. v. ) and profits. ( q. v. ) 20 Toull. N. 199 ; NOTICE. BENEFICIARY. This term is frequently used as synonymous with the technical phrase cestui que trust. ( q. v. ) ; NOTICE. BENEFICIAL INTEREST. That right which a person has in a contract made with another, as if A makes a contract with B that he will pay C a certain sum of money, B has the legal interest in the contract, and C the beneficial interest. Hamm. on Part 6, 7, 25 2 Bulust. 70 ; NOTICE. I am aware, pursuant to 17 CFR 240. 13d-3. ( b ) Any person who, directly or indirectly, creates or uses a trust, proxy, power of attorney, pooling arrangement or any other contract, arrangement, or device with the purpose of effect of divesting such person of beneficial ownership of a security or preventing the vesting of such beneficial ownership as part of a plan or scheme to evade the reporting requirements of section 13 ( d ) or ( g ) of the Act shall be deemed for purposes of such sections to be the beneficial owner of such security ; essentially the right to subrogation to the securities has been deprived ; NOTICE. I am aware, pursuant to 17 CFR 240.8c-1 Hypothecation of customers ' securities ( a ) General provisions. No member of a national securities exchange, and no broker or dealer who transacts a business in securities through the medium of any such member shall, directly or indirectly, hypothecate or arrange for or permit the continued hypothecation of any securities carried for the account of any customer under certain circumstances ; NOTICE. Use of the Beneficiarys Private Credit for backed credits or choses in action by indoserment, creating securities as an accommodating party establishes a TRUST IN INVITUM raised by operation of law without the consent of the trustee. Such a Trust Arises where Goods have been stolen or Converted to the Use of the TAKER and sold, with respect to the PROCEEDS, whether such proceeds are in the form of money or other property purchased therewith, and equity will in such cases enforce a Trust In Invitum in the original taker or in his assignee with NOTICE. Likewise, where a TRUSTEE or OTHER FIDUCIARY has Misapplied Trust Funds a like Trust will be RAISED. Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) NOTICE. When it comes to accounts Article 9 of the Uniform Commercial Code has always applied to the sale of accounts. Revised Article 9 continues this rule in North Carolina 25-9-109 ( a ) ( 3 ). Former Article 9 defined accounts to include payment obligations arising out of only the sale of goods or the provision of services. Under the former law, this left many kinds of payment rights within the definition of general intangible. The sale of these types of payment rights often serves as a financing transaction, but former Article 9 did not apply to these transactions. Revised Article 9 broadens the definition of accounts to include : Payment obligations arising out of the sale, lease or license of all kinds of tangible and intangible personal property ( for example, account will include license fees payable for the use of software ), and Credit card receivables. The sale of a payment intangible often functions as a financing transaction. Revised Article 9 brings certainty to these transactions by bringing the sale of a payment intangible into the scope of Article 9. However, to permit financial institutions that sell loan participations to avoid having a UCC-1 financing statement filed against them as debtors, Article 9 provides for the automatic perfection of a security interest created upon the sale of a payment intangible ( but not a security interest in a payment intangible given to secure an obligation ). G.S. 25-9-309 ( 3 ). NOTICE. EQUITY CONCERNS ITSELF WITH SUBSTANCE AND NOT FORM. Equitable Subrogation is forward-looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity knows no time. Equity aids the vigilant, not those who slumber on their rights.
Company Response:
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: This company was issued a complaint under Case No. XXXX. Unfortunately, it has now resulted to violating the Fair Debt Collection Protection Act and I request the CFPB launch an investigation on my behalf. I believe LVNV Funding, dba XXXX XXXXXXXX XXXX, has violated my rights pursuant to the FCRA. On XX/XX/XXXX, I sent the company a debt validation letter in the mail via USPS. I was responding to the companys hired debt collector, Resurgent Capital Services, request that I make a payment in its letter sent to me in XX/XX/XXXX. I disputed the amount of the payment and requested the debt collector validate the debt. I did not receive a response from Resurgent Capital Services. Instead, I received a letter in the mail from XXXX XXXX XXXX XXXX, dated XX/XX/XXXX. The letter from XXXX XXXX was confusing because it failed to address if it was now the new debt collector and Resurgent was not. In early XX/XX/XXXX, I was alerted by XXXX XXXX XXXX that I had a collection account placed on my credit profile. It appears that in order to circumvent its obligations under the FCRA, LVNV Funding hired a new debt collector after it received my debt validation letter and the new company XXXX XXXX XXXX XXXX ), immediately placed a collection account under my credit profile. It also appears to misrepresent the date the account was opened. The company reports that the account was opened in XX/XX/XXXX, but it was opened in XX/XX/XXXX and closed shortly afterwards due to never receiving a card in the mail after multiple requests for one. I would like to sue this company for violating my rights pursuant to the FCRA.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: In XXXX XXXX XXXX I had multiple identity thefts. Had addition monitoring services. In XXXX I reported fraud charges on a XXXXXXXX XXXX credit card. After doing this, fraud charge was credited back to the account. I spoke with XXXXXXXX XXXX fraud department assuring me after there review they were able to confirm fraud / identity theft as the charge was in another state. Confirmed signatures did not match. I learned year or two later it was sent to collections. Now XX/XX/XXXX Resurgent collections has put this on my credit report. I have disputed this with all 3 credit agencies. To my understanding this was complete in XX/XX/XXXX. All other fraud from identity theft has been removed. There was cable, XXXX XXXX, energy. My purse was stolen out of my car in XXXX I believe this and a XXXX email is how it was compromised. I would like to dispute this issue immediately. Please assist me with doing so.
Company Response:
State: IA
Zip: 503XX
Submitted Via: Web
Date Sent: 2023-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A