Date Received: 2023-09-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have filed a complaint against Resurgent/LVNV Funding before over this issue. However, The Original creditor has provided me with all documentation needed and new information has come to light. XXXX XXXX sent me Statements for 3 account. in actuality, It was only two account, but the third account links the first one that is held with Resurgent and the second one that is held with XXXX. ( I included the first 3 pages of each account. And I do remember now exactly what had happened. I stopped paying the account held with Resurgent over fraudulent charges and XXXX XXXX did not provide any help in resolving the matter, so I had the account closed and told I would still owe the balance, I only had the account opened for about 14 days. I later re-applied with XXXX XXXX, but the only way to do that was to pay the original balance off I had with them, but since the first account was closed they created a 3rd account and initiated a balance transfer from the account XXXX XXXX sold to LVNV Funding LLC. and to the account that was sold to XXXX XXXX XXXX. If you put the first page of each Statement for all three accounts from oldest to newest. you will see the middle account was used to transferer the balance from the 1st to the second account. The debt Resurgent is attempting to collect on behalf of LVNV Funding is invalid. I understand that XXXX XXXX pulled a fast one on both of us. But you purchased the rights to a debt that never existed and I am in no way legally responsible for that.. I understand that you didn't have knowledge and could not have known. However, now you do know. So I request that LVNV Funding LLC immediately withdraw the debt, cease all collection efforts and remove in its entirety all reporting of this account to all three Credit Bureaus. Knowingly attempting to collect a debt not legally owed is violation of Federal, State and local law. and you are now made aware of the legality over the debt.
Company Response:
State: FL
Zip: 33541
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am not liable for this debt it is inaccurate and from identity theft I asked company to remove reporting from credit bureaus
Company Response:
State: CA
Zip: 90017
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I was checking my credit report before a large purchase and this creditor is on my credit report twice, once with no data and a second time saying I paid something on time twice. I do not know who these people are and why they are on my consumer report. They need to remove their information from my consumer report immediately. I am also unaware as to how they acquired my personally identifiable information without express written permission from me. So my privacy has been severely violated.
Company Response:
State: GA
Zip: 30224
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My husband and I PCSd from XXXX to North Carolina in XX/XX/XXXX. We were both XXXX XXXX military at this point. I could not get a decent internet provider at our rental location so I called XXXX and asked if there internet was compatible with high speed streaming, playing video games etc. They said yes, so I proceeded with their service. Once we got service started up there was constant outages and very very slow speeds. I called and they told me I was on a plan that had a high speed data cap and after I used the high speed data we went to slower speeds. I was not aware of this when I signed the agreement and the internet was not compatible with video gaming as well. I called multiple times and after about XXXX months I decided to cancel service because my husband had got orders to skill bridge and we would be moving closer to my duty station. We moved shortly after and internet was provided through our rental agreement at our new location so we couldnt transfer our plan either. Sometime in the beginning of XXXX trueaccord, a debt collection agency, reached out stating I had a debt of {$480.00} and some change. I cant recall the exact number. I disputed the debt and never heard back. They are charging XXXX for not returning the equipment, and the rest is a charge for every month left on the contract. We have now PCSd to Florida and Resurgent, another debt collector, is now trying to collect on the debt. They reached out approximately in XXXX of XXXX. I have disputed it by sending proof of my husbands military orders, along with an XXXX XXXX memorandum for proof of my service and told them we are covered by XXXX and they will not dispute it. They constantly have issues finding my account. They argue with me saying XXXX only covers student loan interest rates. I have had someone from military legal reach out on my behalf and explain but now theyre saying they can not find any of the documentation I have sent in. I also returned the XXXX equipment through the box the equipment was sent to us in shortly after canceling service. Theyre requesting proof that we went it in but this has been two years ago so I dont have any type of documentation for that proof. I called XXXX months ago requesting my contract and they would not provide it to me. They sent me to viasat legal where they had an overall page of legal documents. I called again last week and after asking to speak to someone else they said they could send my contract to me in XXXX business days. I got my contract emailed to me XXXX business days later and have sent it to my lawyer for them to look over. I truly appreciate any help you can provide.
Company Response:
State: FL
Zip: 32566
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 alleged debt, nor therefore any such debt, in fact therefore exists. I asked this company to dispute this unauthorized information off my credit report. Ive asked for verification that its my debt and they cant provide proof because it is not mine. I am a victim of identity theft. Ive filed police reports and sent my proof in and this is still on my credit unauthorized. It has to be removed by law.
Company Response:
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 alleged debt, nor therefore any such debt, in fact therefore exists. I asked this company to dispute this unauthorized information off my credit report. Ive asked for verification that its my debt and they cant provide proof because it is not mine. I am a victim of identity theft. Ive filed police reports and sent my proof in and this is still on my credit unauthorized. It has to be removed by law.
Company Response:
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Sent this company several request to prove that this is a valid debt as well as disputes with all major credit reporting agencies. LITIGATION I have not been supplied proof per doctrine of estoppel by silence. XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX. I presume no evidence of the Alleged Debt therefore exists
Company Response:
State: IL
Zip: 60901
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: Good afternoon, I noticed that my personal information was sold to a third party company in order to collect a debt that I wasnt even aware of. Therefore your company violated my personal rights such as, Law 15 U.S. Code 1681s ( stats ) Prohibition ( A ) Reporting information with actual knowledge of errors 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. ( 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. Etc. 15 U.S.C. 1692d ( stats ) A debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. ( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. ( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. ( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. Etc
Company Response:
State: NY
Zip: 10025
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To Whom It May Concern, Your latest response states this account originated with XXXX XXXX XXXX XX/XX/2013 ( attached letter ). However, this alleged open date was NEVER provided in your previous dispute responses to me through the four previous CFPB cases : XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXXXXXX. You have provided NO documentation validating this account open date. I dispute that this account was opened on XX/XX/2013, as there has not been provided after multiple CFPB cases requesting definitive proof of the account 's origins. I dispute this claim as you have NOT provided the SIGNED ORIGINAL APPLICATION or CONTRACT with the alleged date of XX/XX/2013. Do not make unsubstantiated claims about the origins and age of this account without proper documentation. -- There is NO original application or contract showing the creditor, account number, date opened, or terms. -- The unsigned statements do not prove this account was with XXXX XXXX or opened on XX/XX/2013. I dispute this unvalidated claim about the account origins as they HAVE NEVER been provided, especially with the last letter stating a XX/XX/2013 open date which was never provided after 4 different CFPB cases providing proof...
Company Response:
State: AR
Zip: 72712
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Resurgent/LVNV Funding is contacting me again ; EVEN THOUGH XXXX XXXX XXXX HAS DELETED MY ACCOUNT AND IS PAID TO XXXX. THE XXXX XXXX XXXX ACCOUNT HAS BEEN DISHARGED AND DELETED FROM MY CONSUMER REPORT! THIS IS A COMPLETE VIOLATION OF FDCPA -AND I HAVE EXPLAINED IN DETAIL BELOW AND ATTACHED PAID OFF ACCOUNT WITH PROOF XXXX. I HAVE ALSO SENT TO MY STATE OF MICHIGAN ATTORNEY GENERAL XXXX XXXX. RE : CLAIMS AND FAIR NOTICE XX/XX/23 2ND CEASE AND DESIST NOTICE AFTER THE XXXX XXXX ACCOUNT HAS BEEN PAID TO XXXX BALANCE AND DISCHARGED WITH PROOF. NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attorney XXXX XXXX Michigan Attorney General XXXX XXXX XXXX XXXX XXXX, MI XXXX RESURGENT/LVNV FUNDING XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am writing this letter to formally enforce my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., in relation to the alleged debt you are attempting to collect from me. Delete your account from my credit report across all agencies now! You at LVNV FUNDING/RESURGENT ARE RUINING MY CREDIT. I WILL ENFORCE CLAIMS OF {$10000.00} FOR EACH VIOLATION. I have received communications from your agency regarding the debt in question, and I believe that your actions XXXX constitute violations of my rights as outlined in the FDCPA. Therefore, I am requesting that you cease all communication with me and take the necessary actions to comply with the FDCPA immediately. Specifically, I believe the following FDCPA provisions have been violated : Section 805 ( c ) : Communication with Third Parties I have reason to believe that your agency has communicated or disclosed information about my debt to third parties, which is prohibited by the FDCPA. Section 807 ( 5 ) : Threatening Legal Actions I have received written correspondence from your agency that suggests legal action XXXX be taken against me without any intention or legal basis for such action. This behavior is in violation of the FDCPA. Section 807 ( 10 ) : Using False Representation or Deceptive Means Your agency XXXX have used false, deceptive, or misleading tactics in attempting to collect this debt, in violation of the FDCPA. Under the FDCPA, you are obligated to cease all communication with me until you have fully investigated and remedied these alleged violations. Please consider this letter as a formal dispute of the paid off debt as well as a cease and desist request under the FDCPA. I request that all communication regarding this debt be halted immediately, and I expect you to respond to this letter in writing within 30 days. Failure to comply with the FDCPA XXXX result in legal action, including a lawsuit against your agency. I trust that you will take this matter seriously and act promptly to rectify any violations. Enclosures : XXXX XXXX XXXX IRS Discharge of Debt Proof 1099B
Company Response:
State: MI
Zip: 48329
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A