Date Received: 2023-09-11
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XXXX XXXX XXXX XXXX sent me a letter stating resurgent now owns an account ending in XXXX an alleged debt in the amount of {$9200.00} On XX/XX/XXXX I received a letter from resurgent stating LVNV funding llc has required this alleged account. None of whom I have ever contracted with, it also stated Resurgent capital services L.P is the master servicer for LVNV funding LLC, also never contracted with. None of this alleged debt has been validated and yet it shows up on my credit report which violates the fair credit reporting act, the fair debt collection practices act, and defamation of character. Today XX/XX/2023 I sent a debt validation letter to XXXX funding who claims to have purchased this alleged debt from XXXX XXXX bank Nevada NA
Company Response:
State: FL
Zip: 33626
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-11
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I dont have verification that the debt is mine and I dont have proof of where it came from.
Company Response:
State: AL
Zip: 350XX
Submitted Via: Web
Date Sent: 2023-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-11
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account # XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: TX
Zip: 761XX
Submitted Via: Web
Date Sent: 2023-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX Tx XXXX XXXX XXXX XXXX Account Number : XXXX Original Creditor XXXX XXXX XXXXXXXX XXXX, XXXX. Current Owner : LVNV Funding LLC Reference Number : XXXX Notice and Demand to Cease and Desist Collection Activities Prior To Validation of Purported Debt. LVNV FUNDING LLC ( RESURGENT ) a third party debt collector claims are unfounded and egregiously negligent by their own tacit admission with the provided alleged documents pertaining account summary, bill statements, and terms and conditions as verification of debt in accordance with the Fair Debt Collection Practices Act, section 809 ( 15 U.S.C. 1692 ( g ) ) and applicable LVNV FUNDING LLC ( RESURGENT ) able state and local XXXX XXXX is hereby requesting that LVNV FUNDING LLC ( RESURGENT ) an authorized officer or agent of the Lender sign and return the attached affidavit within 72 hrs of the date of this notice. Also attached is an affidavit signed by the Borrower stating the Borrower 's personal knowledge of the terms of the agreement. Also attached is a affidavit of Truth reflecting all ( GAAS ), ( GAAP ) book-keeping on the public and private sides. This is XXXX XXXX good faith attempt to settle this matter and clear up any confusion about the terms of the loan agreement prior to an Administrative Hearing on the matter. Failure to respond will be deemed a dishonor of this Notice. The affidavits are evidence that may be used according to the Federal Rules of Evidence to prosecute or enforce any default by you in this matter. My CPA is prepared to offer Expert Witness testimony should court proceedings be necessary. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1601-1692 et. seq., this constitutes timely written notice that I dispute the en-tire amount of the alleged loan and that I decline to pay the attached, erroneous, purported debt Notice which is unsigned and unattested and which I discharge and cancel in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. Do the Generally Accepted Accounting Principles ( GAAP ), the Generally Accepted Auditing Standards ( G A AS ), the Audit Reports, the Auditor 's Working Papers, the Call Reports, and the credit card company 's financial statements ( that are related to and associated with the referenced account transactions ) reveal the substance of the loan agreement? I DID NOT GIVE CONSENT VALIDATING LVNV FUNDING LLC ( RESURGENT ) to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked ''. CONSUMER : XXXX XXXX
Company Response:
State: TX
Zip: 782XX
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: LVNV FUNDING LLC reported incorrect amount. I attempted to dispute it on XXXX XXXX and I got no results.
Company Response:
State: WI
Zip: 53218
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: In 2019 {$860.00} was taken from a credit card extended by XXXX XXXXXXXX XXXX To which time I was XXXX in Federal prison making this an impossibility. Someone fraudulently used my personal information.
Company Response:
State: FL
Zip: 34471
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Request for debt validation, contract with my signature with collection agency, proof of licensing to collect debt in the state of Florida sent Certified Mail. Collection Agencies sent a billing statement. No company listed in this complaint sent any validation and are not licensed to collect debt in the State of Florida
Company Response:
State: FL
Zip: 32808
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
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. I have never engaged in an agreement with this company, nor have I given them written authorization to report this information to any consumer reporting agency. Furthermore, they are communicating with me both directly and indirectly to attempt to collect an alleged debt which violates FDCPA laws. To be more specific, 15 USC 1692f ( 1 ) and 15 USC 1692c. I have a right to privacy pursuant to the privacy act of 1974 and this company did not get my permission to use my social security number causing me massive damages. I could not purchase a home, a new vehicle or gain new credit. The following are additional federal laws that have been broken in pursuit of this alleged obligation. 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX XXXX antemeridian and before XXXX XXXX postmeridian, local time at the consumers location ; 15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 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 12 CFR 1006.34 Notice for validation of debts. ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information. ( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ). ( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumer 's name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt. 12 CFR 1006.14 Harassing, oppressive, or abusive conduct. ( a ) In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( h ) of this section. ( b ) Repeated or continuous telephone calls or telephone conversations ( 1 ) In general. In connection with the collection of a debt, a debt collector must not place telephone calls or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 12 CFR 1006.18 False, deceptive, or misleading representations or means. ( a ) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section. ( b ) False, deceptive, or misleading representations. ( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. ( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ). ( iii ) Any individual is an attorney or that any communication is from an attorney. ( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer. ( v ) A sale, referral, or other transfer of any interest in a debt causes or will 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 part. ( vi ) Accounts have been turned over to innocent purchasers for value. ( vii ) Documents are legal process. ( viii ) Documents are not legal process forms or do not require action by the consumer. ( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt. ( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. 12 CFR 1006.22 Unfair or unconscionable means. ( a ) In general. A debt collector must not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( f ) of this section. ( b ) Collection of unauthorized amounts. A debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. For purposes of this paragraph, the term any amount includes any interest, fee, charge, or expense incidental to the principal obligation. 12 CFR 1006.30 Other prohibited practices. ( a ) Required actions prior to furnishing information ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ), information about a debt before the debt collector : ( i ) Speaks to the consumer about the debt in person or by telephone ; or ( ii ) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph ( a ) ( 1 ). 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) 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. 5 U.S. Code 552a - Records maintained on individuals
Company Response:
State: PA
Zip: 186XX
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: LVNV FUNDING LLC SENT " STATEMENTS '' WHICH ARE NOT ORIGINAL CONTRACT/SECURITIES SIGNED BETWEEN TWO PARTIES.
Company Response:
State: GA
Zip: 30046
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-10
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I sent a letter to the three credit reporting bureaus to investigate 5 accounts on my credit report that are in collections and that they verify my debt belongs to me with the original contract that I signed with the original creditor and none of them did so within 45 days. I asked that they all be removed from my report if verification with my signature wasnt provided during the timeframe and nothing was deleted. All that happened was the restarted the timeframe to the current date and began trying to collect on the debt. So now I am in a worse place since the timeframe has restarted. I never received letters verifying this debt from a single one of these collection agencies nor have I ever been given an opportunity to dispute that the debt wasnt mine. I never spoke with any one on the phone or in person. I feel as though this has all gone against fair debt collecting rules and I would like them to be deleted from my report completely.
Company Response:
State: PA
Zip: 19606
Submitted Via: Web
Date Sent: 2023-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A