Date Received: 2021-11-30
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficieant of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( XXXX ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by XXXX and XXXX XXXX XXXX XXXX, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within XXXX days and proper notification shall be given to all data furnishers pursuant to section XXXX of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by XXXX to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( XXXX ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( XXXX ). I will be taking action. I also know my rights under this paragraph of Section XXXX of the XXXX LAW : XXXX. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section XXXX ( a ) ( XXXX ) of THE FAIR CREDIT REPORTING ACT ( XXXX XXXX XXXX XXXX ( a ) ( XXXX ) is amended ( XXXX ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( XXXX ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act XXXX XXXX ( XXXX XXXX XXXX ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( XXXX ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( XXXX ), before the end of the XXXX-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. XXXX. RC/RESURGENT RECEIVABL & {$1200.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act XXXX, Section XXXX ( XXXX ) Block of information resulting from identity theft. XXXXBlock. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than XXXX ( XXXX ) business days after the date receipt by such agency of XXXX. Appropriate proof of identity of the consumer ; XXXX. A copy of an identity theft report XXXX. The identification of such information by the consumer ; and XXXX. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed XXXX ( XXXX ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( XXXX ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items XXXX Notice to Furnishers XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: CA
Zip: 90043
Submitted Via: Web
Date Sent: 2021-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Im being garnished by LVNV FUNDING LLC, I didnt receive any information for the state of XXXX who allowed the garnishment, I found out because my job sent a letter about the garnishment. I dont live in XXXX but work there im. Im just trying to understand why I was notified and how XXXX can approve garnishment when I dont live in XXXX anymore. I got a default judgement because I wasnt notified
Company Response:
State: KY
Zip: 41011
Submitted Via: Web
Date Sent: 2021-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/2021 I received a letter in behalf of LVNV Funding LLC from XXXX, XXXX and XXXX stating they wre represent them. After doing some investigation I noticed that the attorney did not have license to practice in the state that the XXXX originated in which is MA. XXXX has also been reporting this account incorrectly which is hurting my credit. They have been reporting a past due balance. As per the FDCPA only the original creditor can report an account 30,60,90 or 120 days past due. They are in violation and ask that this account be removed from my credit
Company Response:
State: DE
Zip: 19977
Submitted Via: Web
Date Sent: 2021-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over 30 days and I have not received any investigation results. REMOVE ASAP
Company Response:
State: GA
Zip: 30012
Submitted Via: Web
Date Sent: 2021-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: Dear Sir or Madam, 1. LVNVFUNDG Account XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 120 days late on this account in XX/XX/XXXX. I immediately disputed this information with LVNVFUNDG and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX XXXX : Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX
Company Response:
State: TX
Zip: 75227
Submitted Via: Web
Date Sent: 2021-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I have been trying to get in contact with XXXX funding for several months with no success. When I finally reached out to them, they informed via email that my debt had been sold to another debt collection agency. The original creditor was a credit card company. I tried getting in contact with the new creditor but have had no success. Out of the blue, I received notification that XXXX had filed a lawsuit against me, but never notified me nor tried to warn me of such a suit. A county deputy came to my mother 's house and provided my mother with the case number. I had to hire an attorney to represent me, causing me to spend money I did not have. I have depleted my savings because of this. I still have not been properly served, yet, the collections is still on my credit report, including the original creditor even though it's been sold twice now. The amount of the debt is {$740.00}. The credit bureaus have refused to delete this off my credit and XXXX has refused to send me any written notices nor respond to my attorney.
Company Response:
State: GA
Zip: 30088
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I used a platform called XXXX XXXX XXXX to help settle my account with LVNV Funding LLC. Instead of sending a counteroffer, the company used their law firm, XXXX XXXX XXXX, to sue me for the money owed.
Company Response:
State: TN
Zip: 37115
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I was checking my credit and notice that this company had place some unknow debt on my credit I am not aware of, My Identity has been stole a while ago someone was taking my mail out of my mail box I did everything I was told to do and all the things where removed from my credit know they are coming back this is not my debt only thing they showed me was my address that is all I ask them to remove this because this is not my debt. {$820.00} was not aware of this debt being on my credit report not my debt. it is not fare for them to place this on my credit with out me knowing it
Company Response:
State: TX
Zip: 75115
Submitted Via: Web
Date Sent: 2021-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am XXXX XXXX and I am submitting this complaint myself and there is no third party involved. Despite the multiple previous written requests, the LVNV FUNDING LLC still remains on my credit report in violation of Federal Law. The XXXX and XXXX Credit Bureaus failed to comply with air Credit Reporting Act, XXXX XXXX sections XXXX within the time set forth by law and continued reporting of unverified information which now, given all my attempts to address it directly with the creditor, as willful negligence and non-compliance with federal statutes. LVNV FUNDING LLC XXXX Balance {$650.00} ;
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have reported this account for a year it has been removed from XXXX and XXXX this account need to be removed from XXXX Violation of CFR 313.7 ( f ) Violation of 15 USC 6802 ( 2 ) ( b ) Violation of 15 USC 1681b ( a ) ( 2 ) Violation of 15 USC 15 USC 1692e ( 3 )
Company Response:
State: MA
Zip: 01843
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A