Date Received: 2022-04-19
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I enrolled in a debt consolidation program over 2 years ago with National Debt Relief ( NDR ), I included an outstanding debt to a XXXX XXXX XXXX XXXX credit card. At the time the final debt owed was {$1400.00}. During the process of negotiations, this account was sent to a Collection agency listed on my credit report as LVNV Funding LLC. NRD eventually negotiated this account with the collection agency ( not original creditor ). They agreed to reduce the original amount of {$1400.00} to {$960.00}. I am currently paying this off in the following : I started paying {$10.00} a month XX/XX/XXXX until XX/XX/XXXX. {$30.00} a month starting on XX/XX/XXXX until XX/XX/XXXX and then {$60.00} a month thereafter until the final payment is due on XX/XX/XXXX. This collection agency is deliberately reporting inaccurate information to the the credit reporting agencies even after several attempts to correct by contacting them and disputing. They are reporting a collection balance currently of {$2000.00}. The balance was never that amount and I am not sure why they continue to report inaccurate information. While they have a right and obligation to report the information, it must be reported correctly and that is not the case.
Company Response:
State: VA
Zip: 22193
Submitted Via: Web
Date Sent: 2022-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: I'm a victim of identity theft. I've been attempting to recover the damage and resolve the issues on my credit report by calling, faxing, and uploading the required documentations to the bureaus as requested by their agents. Even after disputing these fraudulent accounts with these bureaus and the creditors for well over a year and a half, the creditors have constantly ignored all requests for proofs used to validate these fraudulent accounts on my file and yet the creditors keep validating fraudulent information and accounts on my credit report without proofs. The bureaus have been notified of this and yet the creditors are freely allowed to report fraud information without any consequences for violating the federal law and my FCRA rights.
Company Response:
State: NY
Zip: 11423
Submitted Via: Web
Date Sent: 2022-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-19
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have been contacted by XXXX saying I owe a debt for credit card. Now I was contacted by a previous company that had this debt that proved that I did not have knowledge of this debt and did not occur this debt and sent it back to the original creditor as fraud. Now resurant refuses to do so sending harassing emails threading to sue, send me to jail and take my personal possesions.
Company Response:
State: MI
Zip: 48423
Submitted Via: Web
Date Sent: 2022-04-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I have asked repeatedly for debt validation. I have asked for a copy of the original contract with my signature as well as itemized list of the balances owed. I also asked. The collection company has refused to provide the information. I am either placed on hold for hours with the phone repeatedly hanging up and no response to the letters. However they are reporting to my credit. Each report is reporting a different amount due.
Company Response:
State: IL
Zip: 60411
Submitted Via: Web
Date Sent: 2022-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I was sued for a credit card bill while I was in the hospital. I paid the balance of the judgment as well as an extra {$160.00} to cover the post judgment interest. This payment was made directly to the court prior to the court date for garnishment. After this payment in full, the lawyer for the collection agency has filed multiple court papers trying to collect this debt ( that is already paid ) and has even gone so far as to get a garnishment order with the court because the attorney never updated the interest due with the court, the over payment to cover the interest is still sitting in court escrow. Now 30 days past the date of the payment this collector as a garnishment order for money that has already been paid.
Company Response:
State: IN
Zip: 46227
Submitted Via: Web
Date Sent: 2022-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I requested LVNV & Resurgent Capital to please Not send me any documents. I requested a cease and desist and now they threaten my attorney that they are planning to sue me and saying its fraud, when my letter was a cease and desist request., but they continue to ignore my cease and desist request. LVNV and Resurgent Capital is trying to intimidate me, I request that the CFPB do an investigation and find out how many people or consumers have they also tried to intimidate.
Company Response:
State: NY
Zip: 11226
Submitted Via: Web
Date Sent: 2022-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-17
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: There was a credit card opened fraudulently in my name through XXXX and sold to Resurgent acquisitions LLC. I have never had knowledge of this account but it is reporting incorrectly on my credit report and I have he right to have an accurate credit report. I demand this be removed immediately.
Company Response:
State: AZ
Zip: 85224
Submitted Via: Web
Date Sent: 2022-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: ! n accordance with the Fair Credit Reporting act Lvnv Funding, 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 Lvnv Funding has been sending me collection notices in the amount of {$310.00} the collection has been reported as past due balance. I do not know this company. I have never done any business with this company. This company does not have a contract with my signature.
Company Response:
State: TX
Zip: 778XX
Submitted Via: Web
Date Sent: 2022-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-17
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: XX/XX/2022 My mother called me and said that there is a letter there for me and that it's from a lawyer. I proceeded to ask her to open the letter and it was a letter for a debt from a company that has been causing all this mental stress for a debt that I know nothing about. I have asked these people to send verification of this debt and they have failed to do so. I have repeatedly tried to dispute this bogus bad debt that is ruining my good name and hindering my well being. XXXX XXXX XXXX XXXX is now doing what LVNV is doing and it's draining my will to live. I want these people to investigate and send me a signed document showing that i signed up for this now bad debt from all parties involved and I have yet to get that. I am sick of these people trying to collect a debt that I know nothing of. 806. Harassment or abuse A debt collector may 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. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. 15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall 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 subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. 15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I just ask you to send me the copy of my signed contract ( VERIFICATION OF THE DEBT ) for account # XXXX with my signature on the original debt as the law clearly states you must ... .and if not DELETE this and go on about your way.
Company Response:
State: MS
Zip: 392XX
Submitted Via: Web
Date Sent: 2022-04-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: LVNV Funding and True Accord Violated my rights consistently from XX/XX/XXXX to XX/XX/XXXX when I asked them to Verify the account by providing me with a signed contract which they didnt. I do not have a contract with any of these company. 15 U.S. Code 1692c, section a states 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 15 U.S. Code 1692c a 1 states that a debt collector should not communicate with the consumer 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 oclock XXXX and before XXXX oclock XXXX, local time at the consumers location ; 15 U.S. Code 1692b section 2 states that any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shallnot state that such consumer owes any debt ; 15 U.S. Code 1692b section 5 states collection agencies can not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and 15 U.S. Code 1692b ( 2 ) states that the collection agency should not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; also none of these collection agencies are located in my State. they also violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 15 U.S.C 1681 section 602 A states that I have the right to privacy.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A