Date Received: 2022-03-08
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I never signed any documents for the companys to view my credit history. nor signed for a 3rd party debate collector to view my credit -LVNV XXXX
Company Response:
State: IL
Zip: 60448
Submitted Via: Web
Date Sent: 2022-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This letter is a follow-up to my original letter dated date regarding an inaccuracy on my credit reports, regarding Upon further investigation, I have retained new copies of my credit reports and noticed that you did not furnish the credit bureaus with the required disclosure, within the period required by law. You are required by federal law to place a notice of dispute on my account within 30 days of my dispute, which you signed for on the signature date. I have retained a copy of your signature and date of receipt, as well as time-stamped copies of my credit reports, showing that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) by not placing the disclosure within the required 30-day period. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete and represents a very serious error in your reporting. Additionally, you have broken federal law by not placing the notice of dispute onto my credit reports within the time required by law. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance of federal laws under the Fair Credit Reporting Act. I further remind you that you may be liable for your willful non-compliance, as per FCRA 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( 3 ) Duty to provide notice of a dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( B ) Time of Notice ( I ) The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ). As you have violated federal law, by not properly providing the credit bureaus with proper notice within the required timeframe and I have evidence of such, via certified mail receipts, you must now remove the item. Any other action ( or inaction ) on your behalf will result in a small claims action against your company. I will be seeking {$5000.00} in damages for the following : 1. Defamation 2. Negligent Enablement of Identity Fraud 3. Violation of the Fair Credit Reporting Act and Fair Debt Collection Practices Act You will be required to appear in a court venue local to me, in order to formally defend yourself. P.S. Please be aware that depending upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action.
Company Response:
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2022-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX I reached out to the three credit bureaus requesting the latest updated version of my credit report, after reviewing my credit profile I noticed an erroneous creditor ( XXXX XXXX XXXX XXXX jeopardizing the integrity of my credit profile, by law if the FCRA I have the right as a consumer to challenge any information thats does no appear to be accurate so I sent in a letter via asking that this information pleased be removed from my credit profile I sent the letter to XXXX XXXX XXXX XXXX, SC XXXX, after about 30 days XXXX XXXX to be exact I received correspondence and received confirmation from XXXX XXXX Bank stating this account will be removed, which was the resolution I had asked for, everything was good up until around 45 dats after the removal I seen a new account added back to my credit profile with a different Creditors name I challenge them and asked why was this information I just challenged recently in the past and had removed back placed on my credit report, they stated they now manages the old Creditors account under a new business name so when I challenged this issue with them they told me they will no longer reinvestigate and that the collection will remain on my credit report which is very unfortunate considering it only appears on XXXX of my credit reports which cant be 100 % accurate an as a Consumer that put me and my credit at great jeopardy. I have been going back and fourth with this creditor that I have no acknowledgment of and its not getting nowhere. I have invested time and money into this battle I have proof of USPS receipts, Im asking that you please remove this account off my credit report.
Company Response:
State: OH
Zip: 44011
Submitted Via: Web
Date Sent: 2022-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-08
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Dear, Resurgent Receivables LLC Or To whom it may concern, Youre in violation of various areas of my consumers rights. In regards of your response of my complaint to Consumer Financial Protection Bureau ( CFPB ) Complaint ID XXXX You, ( Resurgent Receivables LLC ) admitted of attempting to collect debt by sending your inquiry ( statements ) to my place of dwelling/employment. This is a violation of my consumer rights, understand, at any time you, ( Resurgent Receivables LLC ) send such information/documentation is very inconvenient for me, if you fail to understand this serious matter, please pursuant to 15 U.S. Code 1692c - Communication in connection with debt collection you are clearly in violation. This is proof and validation that every time you called me or attempted to contact me/sending mail or contacting me in any shape or form or fashion attempting to collect debt while Im at my workplace/place of dwelling/employment youre in clear violation. This is verification and validation youre in violation because you mentioned in your response Please also note that the bill statements on file show the same address XXXX XXXX included in their inquiry. So you have clear understanding you contacted me at a very inconvenient time and violated my rights. Meaning you admitted to sending me mail contacting me in between inconvenient times at my place of dwelling/work ( I am self employed. ) So with this serious matter being addressed, understand youre in violation Pursuant to 15 U.S. Code 1692c - Communication in connection with debt collection just to give you more clarity read section ( 1 ) & ( 3 ) just in case you missed this serious Federal/State Law you have violated. ( 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 oclock antemeridian and before XXXX oclock postmeridian, local time at the consumers location ; ( 3 ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication. As I continue to investigate this serious matter, there are various more violations of my consumer rights you have violated. You clearly stated Resurgent does not condone harassment or unprofessional communication with customers I find this statement to be a lie, and in fact I can prove it by law, first please understand congress never defined what a threat is, violence, or obscene or profane language is or harassment, congress leaves that up to me ( the consumer to judge. ) With this serious matter being addressed, please understand every time you ( Resurgent Receivables LLC ) called me saying I owed a debt that is obscene and profane language to me, Every time you sent me a letter ( to the address you admitted ) to sending me statements/documentation saying I owe a debt, this is obscene and profane language to me. Every time you mentioned if I dont pay by this date, youre going to furnish my consumer reports, that is a THREAT to me. You confessed and mentioned We may furnish information concerning your Account or credit file to consumer reporting agencies and others who may properly receive that information. Please also note that the bill statements on file show the same address XXXX XXXX included in their inquiry. It is clear of your response that youve threatened me. I am demanding Justice for this serious matter. By law you should be imprisoned for using obscene and profane language threatening, harassing me an consumer pursuant to 15 U.S. Code 1692d - 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. ( 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. Every time you called me is abuse and harassment, also you ruined my reputation, my credit is my reputation. You mentioned We may furnish information concerning your Account or credit file to consumer reporting agencies this is abuse, harassment, obscene and profane language and threats to me, and causing me to not to sleep at night by your threats and harassment. Please understand the damage what youre doing to me, an consumer. Please understand Resurgent Receivables LLC, you are extorting me, you have violated many of my consumer rights. This extortion has been going on as you mentioned on your response having acquired it on XX/XX/XXXX, XXXX so it is clear and validation of how long youve been extorting me and you confessed that when you mentioned the month and year. Pursuant to 18 U.S. Code 894- Collection of extensions of credit by extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. You threatened me and ruined my reputation/credit. I am demanding you to delete your false and misleading information off my consumer credit reports and demands you to never harass/threat/abuse/or use obscene and profane language to me again by reporting to my consumer credit reports because that is clearly what you are doing to me. This is your 2nd warning. Fail to met my demands, as an consumer, I refuse to go back and forth with any person and or entity who fails to understand their unfair business practices and how their breaking the law. FDCP, FCRA etc. If you fail to understand my demands, I will settle this serious matter in court without further ado. And I will be seeking a lawyer on the behalf of all the violations you violated my rights. I am aware there are more violations as I investigate this serious inquiry. Due to all your threats, its difficult for me to focus.
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2022-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The collection company is trying to collect on different debts from me that are past the statue of limitations. So they are no longer legally allowed to collect them. They are also reporting negative information to my credit reports and that needs to stop. How can you try to collect on debts that are time barred and no longer collectable under the law?
Company Response:
State: FL
Zip: 33619
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This account was deleted in result of identity theft. It was originally deleted off my consumer file on XX/XX/XXXX. Now almost seven months later has showed up as collection on my file without consent. It appears XXXX XXXX XXXX is the original creditor. XXXX XXXX XXXX has committed aggravated identity theft according to 18 usc 1028a willful and knowingly by selling my personal information to LVNV FUNNDING LLC and Resurgent Capital Service ( DEBT COLLECTOR ) allowing both companies to profit and recharge a fraudalent debt to my social security. XXXX XXXXXXXX XXXX has sold my Social security number, phone number, address and name to these companies without my consent. Resurgent Capital Services has failed to valid the debt properly as i have never received any certified mail asking to for me to validate this debt. This debt should not be reporting because i did not give permission or written consent for these companies to be reporting on my file at at according to 15 usc 6802a & b. Also, according to 15 usc 1681a these companies has failed to do a proper validation of debt by not doing an proper investigation by not obtaining information through my friends, neighbors or associates according to the fcra. also, 18 usc 8 Obligation or other security of the united states, if there is any such debt please contact the united states. As theyre the owns who are obligated to pay consumers debt since this account was fraud and charged to me. This holds a negative financial burden on I, consumer, natural person. This is preventing me from obtaining my own credit for things that i need to sustain the cost of living. I can not get approved for a line of credit because this negative impact on my file. I, XXXX XXXX, Consumers, original creditor have received a notice on my credit file of a debt collection account. My credit file is reporting false and misleading information on my file. Without proper notice and certification through mail to ensure that I received this potential debt to respond to. Also, my fie is showing the original creditor as XXXX XXXX XXXX. This false and misleading information according to 15 US Code 1692a ( 4 ) The Term creditor means person who offers or extends credit creating a debt ... XXXX XXXX XXXX is falsely furnishing information onto my file. Representing themselves as the original creditor. Continuing Looking over this debt collection account and speaking with supervisor XXXX XXXX In the Internal Recovery Department She has made me aware of an balance of {$910.00} and on my file it is showing an amount of {$910.00} even on XX/XX/XXXX at XXXX on a phone call. Since debts are showing different amounts between credit file and Resurgent Capital Services and creditor status they also have furnished the account was opened on XX/XX/XXXX, when I contacted the company to see when this account was opened is was told XX/XX/XXXX the information furnished onto my credit report is False and /misleading. Please delete this from all CRAs and my consumer credit file without recourse.
Company Response:
State: PA
Zip: 19135
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV IS REPORTING A DEBT ON MY CREDIT FILE THAT I DONT RECOGNIZE AS MINE FOR {$620.00} DOLLARS FROM XXXX XXXXXXXX, AND REPORTING IT AS A NEW ACCOUNTON MY CREDIT FILE. I AME REQUESTING A VALIDATION OF THIS ACCOUNT IN WRITING, WHICH I AM ENTITLED TO ACCORDING TO THE FCPA IN A TIMELY MANNER. PLEASE SHOW ME THE DATE THAT THE ACCOUNT WAS FIRST DEFAULTED ON. TO MAKE SURE THAT YOU ARE NOT REAGING SOMETHING ELSE. JUST FOR YOUR INFORMATION, I AM ON XXXX AND MY INCOME IS PROTECTED UNDER FEDERAL LAW.
Company Response:
State: NV
Zip: 89102
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This collection company called LVNV Funding that is located on C/O RESURGENT CAPITAL SERVICES XXXX XXXX XXXX XXXX, SC XXXX continues to harass me about debts that i do not owe or have any clue what they are. I have Personally never seen a contract from them between my self and them proving that i owe them anything. LVNV Funding is reporting an alleged debt on my consumer report XXXX, XXXX that i have never seen before. i have never seen a contract that shows i have done business with them or authorization that gives them the legal rights to collect from me. XXXX XXXX has not provided me with the proper validation according to 15 usc 1692g. Also they have violated 15 usc 1692f. I have not received any proof that there was a such agreement that expressly authorizes this debt collection agency to collect on an Alleged debt which is a violation of the FDCPA. I sent a debt validation letter to them via certified mail on XX/XX/2022 and they did not respond to me at all which is also a violation. This company has also been contacting me without my prior consent which is a violation of 15 usc 1692c. I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this alleged debt off of my consumer report accordingly
Company Response:
State: CA
Zip: 953XX
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV IS REPORTING A DEBT ON MY CREDIT FILE THAT I DONT RECOGNIZE AS MINE FOR {$550.00} DOLLARS FROM XXXX XXXXXXXX, AND REPORTING IT AS A NEW ACCOUNT ON MY FILE. I AM REQUESTING A VALIDATION OF THIS ACCOUNT IN WRITING, WHICH I AM ENTITLED TO ACCORDING TO THE FCPA IN A TIMELY MANNER. PLEASE SHOW ME THE DATE THAT THE ACCOUNT WAS FIRST DEFAULTED ON, TO MAKE SURE THAT YOU ARENOT REAGING SOMETHING ELSE. I AM ON XXXX AND MY INCOME IS FEDERALLY PROTECTED, SO I KNOW THE LAW.
Company Response:
State: NV
Zip: 89102
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV FUNDING LLC XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, SC, XXXX To : The Office of Registered Agent for XXXX XXXX XXXX From : XXXX XXXX Regarding : Unauthorized Administration of the XXXX XXXX My credit report shows a collection from your agency. I was never notified of this collection. Whats more, I do not believe this debt is accurate. Under the FAIR DEBT COLLECTION PRACTICES ACT, I have the right to request and receive validation of the debt. Therefore, please provide me with a copy of all the following : 1 ) An explanation of what this alleged account balance is for. 2 ) A calculation of this balance, including the complete payment history on this account, so I have proof that the amount is correct. 3 ) Documentation that shows I agreed to pay this debt with my signature. 4 ) The Agreement that grants you authority to collect on this alleged debt. 5 ) A copy of your state license, including license number that give you rights to collect in my state. You will forthwith return and transmit your written evidences of your delegated authority to represent that you and XXXXY XXXX XXXX XXXX is authorized to administrate ( acting trustee ) on the XXXX XXXX, together with a certified copies of signatures contract between you and XXXX XXXX, you and original creditor, bonds, original creditor Charge-off documents, sureties, indemnification, insurance and any Third Party Debt Collector Association Agreement passing XXXX XXXX private information to other members, possibly resulting in identity thief. Also, relating information to your personal and professional acts referenced above and your arrogated paperwork intrusion upon the XXXX XXXX. Courts require your contract for jurisdiction. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act. Also you have committed the following FDCPA Violations : XXXX. Harassment and abuse XXXX. False or misleading representations XXXX. Unfair practices XXXX. Validation of debts Stop contacting me about this or any other matter you have. I also submitted this letter to the Consumer Financial Protection Bureau ( CFPB ), My State Attorney General Office and ThXXXX XXXX XXXX XXXX. You have 15 days from the date of this letter to respond with all items requested or remove this item must be removed immediately or I will seek litigation for Monetary damages. Consumer disputes this debt and ALL claims in accordance of 16 CRF 433.2, Title 15 USC 1692, Regulations Z, Regulations M and ALL applicable UCC Articles. If you lack understanding of this paperwork, forward to your ATTORNEY. By : XXXX XXXX
Company Response:
State: NY
Zip: 11221
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A