Date Received: 2022-01-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I sent a letter XX/XX/21 and no response from the company ( LVNV FUNDING LLC ), I sent the actual letter the I received from credit XXXX XXXX letting them, know that I was not liable for the account because it was open due to identity theft. No response from the company.
Company Response:
State: FL
Zip: 33025
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Date : XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX Resurgent Capital Services XXXX XXXX XXXX XXXX XXXX SC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Amount : XXXX Date open : XXXX I have no knowledge of this account I demand it of my credit report.
Company Response:
State: TX
Zip: 79912
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV FUNDING LLCwas advised to investigate a few things that I believe are inaccurate and they never responded. I asked for a a copy of the contract that I signed ( which is my right to do so ), a full account history of this debt, every payment that was made and all interest that was applied. Those were MY specific request. It appears obvious to me that they are abusing their power under the FCRA to escape a complete investigation. I have been requesting, since since XX/XX/2021, verification of this alleged debt that they claim I owe to this company company and which they are reporting on my credit files. However, this company has failed to obtain and send me legal verification as mandated by the law.
Company Response:
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Re : Response to post validation and Cease and desist request letter for alleged debt of {$610.00} that was sent XX/XX/XXXX. XX/XX/XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX, SC XXXX XXXX. Affidavit of Truth 2. Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/given name XXXX, CONSUMER, and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a CONSUMER, XXXX and autograph as the agent XXXX attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : 3. Fact, the Fair Debt Collection Practices Act is intended to secure my right to privacy and my privacy has been breached so be it, and ; 4. Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with ay affiliates will ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted Affidavit of Truth being serviced to you today and therefore, standing as truth in commerce, so be it, and ; Fact, please show good faith in this matter by expediting the securing of the alleged information listed on your site in order to avoid me receiving further injury, damages mental anguish, and losses due to me being a victim of identity theft, so be it, and ; Fact, affiant is aware and has proof in the attachment labeled as Exhibit A that Receivable Collection SE is in violation of 15 USC 1692d ( 1 ) Notice, it is a Fact, that, I, agent for principal CONSUMER, JACKSON and affiant, am disputing this alleged debt, invoking my specified remedy as original creditor pursuant to 15 U.S.Code 1692c ( c ) ( 2 ) and pursuant to 15 U.S.Code 1692c ( c ) I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. Notice, it is a Fact, that, I, agent for principal CONSUMER, XXXX and affiant is aware, collection activity includes furnishing any information on this subject matter to any consumer reports. There should be no publication or advertising of any kind until a dispute is resolved pursuant to 15 U.S. Code 1666a ( a ). Notice, it is a Fact, that, I, agent for principal CONSUMER, XXXX and affiant, demand that you send me the name and address of the original creditor via mail pursuant to 15 U.S.Code 1692g ( b ) in order to verify proof of the funding of this account ending with account number - XXXX. Without this information there can be no verification on who funded the original loan. Notice, it is a fact, that, I, agent for principal CONSUMER, XXXX, demand a certified copy of the original certificate of indebtedness in order to verify the COMPANY NAME is in fact the current holder in due course there is in fact a proof of claim of this debt. Without this I can not verify, and there can not be any valid claims of alleged debts in the name of my principal obligor. Notice, it is a fact, that, I, agent for principal CONSUMER, XXXX, demand a statement under penalty of perjury stating that the bank in fact loaned the associated debt money from their own assets in order to verify there is in fact a proof of claim of this debt. Without this I can not verify any valid claims of alleged debts in the name of my principal obligor. Thank you, 5. I swear to all information provided herein, I do so under the penalty of perjury that the information I so affirm to be true, correct, accurate to the best of my ability and knowledge, so be it ; I do not accept this offer to contract. I do not consent to these proceedings. I do require subrogation of the bond to settle the charge. .
Company Response:
State: NJ
Zip: 08618
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Owed a credit card, they wrote it off. Another company apparently bought the debt. Ive never received anything from the other company. I just seen it on my credit report. They had someone drop off a package yesterday. Its a lawsuit for more than what I originally owed the actual credit card company. I dont know what to do.
Company Response:
State: TX
Zip: 76240
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Sometime last XX/XX/XXXX, I found out after I was denied credit, I requested a copy of my credit report and found out that I was a victim of identity theft. I went to the XXXX XXXX Police Office and reported the incident. I called and sent a letter to all the creditors and submit a copy of the police report. It took a long time for me to fix this but 95 % of the creditors agreed that I am not responsible on these debts. I did have a problem with this LVNV Funding LLC XXXX XXXX account per the collection agencies. This account has been reported as my account on XXXX Credit Reporting Agency since XXXX. I was recently denied personal loan by XXXX XXXX because of this collection that is not mine as explained to both XXXX and LVNV funding since XX/XX/XXXX and they still continue to report it as a collection. I have repeatedly requested to XXXX also to dispute this with the creditor within 30 days from the time I sent them the letter but they didn't act on it and then I found out that they reported me as deceased which I was really very very upset and complained directly by phone call and letter to XXXX to correct it immediately. I don't know but XXXX XXXX approved me for a credit card last year and I have maintained a good credit history with them. I called them and told me that they don't know anything about the account being reported by LVNV Funding. Please help me with this company clearing my name asap and with XXXX in which I can't get a personal loan because they are reporting this as a bad credit and a past due account. It was opened sometime last XXXX I believe on XXXX and LVNV funding started opening the account sometime in XXXX up to this present time. Attached are copies of documents I sent them to clear my account. Thank you very much for your attention and consideration in helping me clear my name as I honestly saying that I was a victim of identity theft. My credit standing and history is excellent at the present time after I cleared out my name on this mess. LVNV FUNDING XXXX XXXX XXXX XXXX, SC XXXX XXXX ( Phone ) XXXX XXXX XXXX XXXX XXXX, GA If you need me to send you the document for your review, I would be glad to email it to you if you request it. Thanks and God Bless! XXXX XXXX XXXX XXXX XXXX
Company Response:
State: CA
Zip: 95757
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: The following account is showing on my credit bureau. I have no knowledge of this account. I have been a victim of name fraud- there have been multiple accounts and claims made in my name. This company has not provided me with any information, or a copy of the application to have this added to the police report. I did not open an account with this company in XXXX as it is reporting on the bureaus. I have now been denied a student loan due to this fictitious information. I had disputed the information with the bureaus and was told it meets fcra requirements even though no documentation has been provided. I have attached the police report referenced above. Account name RESURGENT/LVNV FUNDING Account number XXXX Account type Debt Buyer Responsibility Individual Date opened XX/XX/XXXX Status Collection account. {$4.00}, XXXX past due as of XX/XX/XXXX. Status updated XX/XX/XXXX Balance {$4900.00} Balance updated XX/XX/XXXX Recent payment $ 0 Monthly payment {$0.00} Original balance - Highest balance {$0.00} Terms 1 Months On record until XX/XX/XXXX XXXX
Company Response:
State: DE
Zip: 199XX
Submitted Via: Web
Date Sent: 2022-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: I have reached out to both XXXX and the Collection agency Named LVNV FUNDING LLC regarding this account. I have asked them to validate this debt. This account is unverifiable not listing the original creditor for me to investigate and is also falsely reporting inaccurate information such as XXXX is reporting a date of last activity as XX/XX/XXXX while XXXX is reporting a date of last activity as XX/XX/XXXX. In the payment history, XXXX continues to report this account as a charged off account, while XXXX is reporting " OK '' payment history on this account up to XX/XX/XXXX late 120 days. I don't even recognize this account and its erroneous reporting is damaging my ability to get credit needed. Please investigate and have this account removed immediately
Company Response:
State: TX
Zip: 78702
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: You are hereby in receipt of notice under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED and hereby demand validation and verification, in writing, as follows : 1. An authentic signed contract between you and CLIENT showing proof that you and that person and you are now or were at one time in business together and other supporting documentation that gave rise to the alleged obligation CREDITOR is claiming owed. 2. An authentic invoice for goods and/or services you provided. 3. Statement under penalty of perjury that : a. You are the bonafide party in interest of the contract and will produce said authentic signed contract ( # 1 above ) for my own and the judges inspection should there be a trial to contest these matters. b. The name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection of legal proceedings regarding the alleged debt. c. As a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party. d. You know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause. e. You will provide written verification from the stated creditor that you are authorized to act on their behalf in this debt collection action. f. You have taken reasonable and prudent diligence to verify that the amount claimed old is in fact a legitimate debt prior to instigating this action and making said claims, and that all relevant correspondence has been reviewed prior to initiating this claim. g. You will prove that you are the original creditor if in fact you claim to be and that the United states Federal Reserve XXXX any other entity besides your organization originated these funds. 4. Production of the account and general Ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first-hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect. 5. Under the truth in lending act pursuant to 15 UCS 1601-1667 J ( full disclosure ), I have the right to know who the true party of interest is in this transaction is. As such, I'm asking you to stipulate whether you are the holder in due course for my promissory note. If you are not the holder then you admit to being the servicer of this obligation. 6. Please also stipulate for the record whether or not my loan has been securitized and if so the name of the XXXX my loan is bundled with. 7. If my loan has been securitized then please provide me the pooling and servicing agreement that names my loan as well as any documentation that explicitly gives you the right to service my loan as well as enforce the promissory note in the event of a foreclosure if you are hiding these facts from me despite my requests then you are hereby notified that you are committing fraud and shall be named in a wrongful foreclosure civil action. 8. Pursuant of U.C.C Article 3 3-501 ( b ) 2 ( 1 ) I am entitled to demand presentation of the negotiable instrument that demand is hereby ordered or I demand it present super visual inspection, MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE. This is required to establish your right of enforcement as Holder in Due Course via a chain of assignment as evidenced by the note. Claiming to be the holder in due course as a statement is insufficient proof of status and is/will be rejected a photocopy of the document is insufficient proof as it does not answer the question of who currently is the rightful and lawful Holder in Due Course. 9. If you are unable to provide this proof as I have requested within 30 days then you must admit to not being a party of interest and can not rightfully enforce your claim under U.C.C. Article 3 3-301. 10. Under US code TITLE 15 > Chapter 41 > SUBCHAPTER V > 1692g part b, this debt is now officially in dispute. By law, all collection activities must cease until this matter is resolved you are hereby given notice. Blatant disregard for this law is subject to fines by the FTC you are advised to consult legal counsel on this matter. 11. I am giving you formal notice that failure to respond to this letter through a verified and validated proof of claim within 30 days as I have asked for point for point will be taken as an administrative default. PLEASE PROVIDE ME THE FOLLOWING : 1. A statement admitting whether you are the holder in due course or whether you are the servicer. XXXX. As stated admitting whether you have sold my note in a pulling and servicing agreement this is also known as securitization. 3. The identity of the true holder in due course for my loan if the loan has been securitized the name of the REMIC my loan was sold to. 4. The CUS IP number under which my loan was securitized to. 5. Make available for visual inspection of my original wet ink promissory note ( not a photocopy ). Please contact me in writing to arrange for an appropriate point of inspection. This is my good faith attempt to resolve this matter before I am forced to litigate against your company. I am pleading with you to resolve this matter privately and civilly to avoid burdening our courts with this matter. If I have to, I will see you in court. Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know or should be known is false, with the intention that the courts and/or others rely on the written communication to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me I take this notice and my rights very seriously and expect the CREDITOR to do the same. In the event that this debt is not validated by you as required by the Fair Debt Collections Practices Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt. You may want to obtain legal opinion on this, but I believe that would constitute a scheme of fraud if this debt were to be resold ; assuming that CREDITOR has in fact purchased evidence of debt in this matter. I will also not respond to any future correspondence that is not signed or does not indicate who at your firm has sent the demand for payment. I expect time to responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed below. Alternatively a letter from your firm that the matter has been satisfied and a copy of the letter you sent to all three credit reporting agencies asking them that the adverse credit reporting relating to this transaction big sponge by these three major credit reporting agencies immediately. Failure to provide these items shall mean your admission that you have no claim, your agreement not to report negatively to the credit bureaus, and your agreement never to contact me or the person named in your correspondence again. Include it please find a Notice and Demand for Payment in case you are not able to validate the debt your assets will be given a Notice of Lien in the amount and at the interest of your invalidated alleged and now illegally collected debt.
Company Response:
State: FL
Zip: 32832
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV funding llc XXXX XXXX {$1300.00} I have no knowledge of this account I never lived in the state of New Jersey I want this removed from my credit report
Company Response:
State: VA
Zip: 23464
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A