Date Received: 2021-08-03
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I had an outstanding debt to XXXX XXXX for {$4300.00} that I settled and paid. Acknowledgement of Full Satisfaction of Judgement in association with this debt was filed on XX/XX/XXXX with the Superior Court of California , County of XXXX by the legal judgement creditor XXXX XXXX XXXX XXXX ( assigned of record LVNV Funding, LLC ). The case number was XXXX. After the judgement was satisfied in full, XXXX XXXX XXXX has contacted me 3 times by letter trying to collect this debt. Each time, I have responded within 30 days to let them know that the debt has been settled and that I dispute any further obligation in relation to the debt. Despite my attempts to send them copies of the court documents to prove the settlement of the debt, they continue to reach out to me regularly stating that their records show that I still owe the debt or that they are collecting on behalf of another company. At this point, I no longer want to be contacted by them because I realize they do not care that the debt no longer exists since they dismiss the proof I have provided. Letters they sent and response dates : 1. Letter dated XX/XX/XXXX, I responded on XX/XX/XXXX 2. Letter dated XX/XX/XXXX, I responded on XX/XX/XXXX 3. Letter dated XX/XX/XXXX, I responded XX/XX/XXXX I am including a copy of each of the 3 letters that I sent in reply to them and I am also attaching a copy of the Acknowledgement of Full Satisfaction of Judgement from the court. I have also received a letter from XXXX XXXX XXXX XXXX and 3 letters from XXXX XXXX XXXX in relation to this debt ; all of which I responded to. Please also see these letters attached here. Thank you for your assistance!
Company Response:
State: CA
Zip: 92656
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: on XX/XX/2019 a collection was placed ion my consumer credit file by the company LVNV FUNDING LLC for the amount of {$420.00}, i never received no proper documents when i asked for this company to validate this date, they have violated my rights as a consumer under fair debt collection practices & fair credit reporting act ..the list below is where this company has violated my consumers rights 15 U.S. Code 1692g - 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 consumers 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. 15 U.S. Code 1692e.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. ( 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. 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 ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Company Response:
State: FL
Zip: 33025
Submitted Via: Web
Date Sent: 2021-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have these accounts that does not belong to me and want them to be removed from my credit report asap. XXXX XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft LVNV FUNDING LLC Account Number : XXXX This is not mine. XXXX XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX XXXX XXXX Account Number : XXXX This is not mine. XXXX. Identity Theft LVNV FUNDING LLC Account Number : XXXX This is not mine. XXXX XXXX. Identity Theft Chapter XXXX Bankruptcy XXXX XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX Account XXXX : XXXX This is not mine. XXXX. Identity Theft XXXX XXXX XXXX XXXX Account Number : XXXX This is not mine.
Company Response:
State: CT
Zip: 06450
Submitted Via: Web
Date Sent: 2021-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX, XXXXI received the first initiation of debt from the XXXX XXXX XXXX XXXX that I owe $ XXXX requested verification on XX/XX/2021, via a certified letter. On XX/XX/2021, I received two letters stating that Resurgent Capital Services, LP manages LVNV Funding, LLC on behalf of the XXXX XXXX XXXX XXXX. The other was an account summary report stating that the debt was validated. I responded on XX/XX/2021, requesting that Resurgent Capital Services, LP ceases communication with me. Since the debt in question has been legally expired under the Statute of Limitation and they were a direct violation of the FDCPA. Resurgent Capital Services, LP continues to harass me for on XX/XX/2021, I received yet another printout summary saying the debt has been violated. I have then again responded and requested that the cease communication since this debt has reached it Statute of Limitation.
Company Response:
State: FL
Zip: 33411
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I atgneoted to apply for a mortgage and it was brought to my attention a judgement was made and a lien is on me for XXXX $ by company LVNV funding. I attempted to call to settle this unknown lien from XX/XX/2016. I have the lien information and the lvnv company has no record of me or my SSN and can not help me erase this.
Company Response:
State: CA
Zip: 95023
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This account is inaccurately and erroneously reporting. Their intentional and willful furnishing of inaccurate information is a violation of FCRA Section 623 and according to FCRA Section 611. I have done many attempts to reach out to 3 Credit Bureaus but they failed to give me any results or feedbacks about this concern. Please investigate and remove it from my personal credit file. Thank you.
Company Response:
State: MD
Zip: 20748
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am a victim of identity theft and I have submitted a notarized affidavit which serves as a legal document to my identity theft. I am also a victim of the XXXX breach and opted out of the settlement because I have suffered extreme losses due to the breach and the identity theft. I need the fraud accounts that are in my letter that is attached removed permanently from my file as I have also contacted the creditors as well. This is extreme in violation of my fair credit reporting act rights and I will seek legal recourse. I have also attached the printout of me being affected by the XXXX breach as well.
Company Response:
State: SC
Zip: 29016
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have previously filed a complaint with cfpb on XX/XX/XXXX and my complaint ID is XXXX. This complaint is against XXXX XXXX and their reporting of 4 Fraudulent accounts being reported to the credit bureaus. I have provided all documentation I can provide to the best of my ability and after my complaint there was no resolution to the accounts being reported. I am a victim of Identity theft and I first contacted XXXX XXXX regarding four accounts that were opened and utilized by the individual who stole my identity on XX/XX/XXXX ( this individual was a family member who resided with me for a period of time ). They replied to me and stated that even after I provided a notarized Identity theft affidavit that they see no basis of my claim and that the debt of all 4 accounts belongs to me. I have also contacted the credit bureaus regarding these accounts and both XXXX and XXXX have honored my claim but XXXX has not. I contacted XXXX XXXX again XX/XX/XXXX and I have only received a decision regarding one of the accounts however they have not acknowledged the remaining 3 and all 4 accounts are still being reported by XXXX to date. I am also still receiving collection calls and letters regarding one of the accounts that was sold to LVNV Funding LLC and all three credit bureaus are currently reporting this account as a collections account. Please also keep in mind the 3 remaining accounts on XXXX are reporting charged off every single month for the last year which is a violation of the FCRA.
Company Response:
State: NJ
Zip: 07050
Submitted Via: Web
Date Sent: 2021-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-02
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I sent LVNV FUNDING a cease and desist order with a debt validation letter attached on XX/XX/21. The letters were sent certified mail with a green receipt number XXXX XXXX XXXX XXXX XXXX. I received my green card back on XX/XX/21 and it shows that both letters were received by a person named XXXX XXXX on XX/XX/21. This person is an uninterested party in this matter. In my cease and desist I demanded that LVNV FUNDING LLC send me an audit trail, respond to the debt validation letter that was attached, and send me ALL documentary evidence so that I can exercise my right in validating the alleged debt that LVNV FUNDING LLC claims that I owe them. It has been 7 days and I still haven't received any of my demands in writing. Congress finds that this is a violation of 15 USC 1692g ( a ) which states that within 5 days of initial communication with the consumer the debt collector must send the consumer a written notice containing the amount of the debt, the name of the creditor to whom the debt is owed, 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, 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 a statement that, upon the consumers 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. LVNV FUNDING LLC is also in violation of the FCRA ( Fair Credit Reporting Act ). I'm not sure how they received my private information. I did not give written or oral consent for them to furnish financial information to ANY of my consumer reports, LVNV FUNDING LLC has committed identity theft. On my consumer reports LVNV FUNDING LLC states that, " account information disputed by consumer, meets FCRA requirements '' these statements are false, I never received ANY written notices from LVNV FUNDING LLC or documentary evidence that proves their claims that I owe them the alleged debt. LVNV FUNDING LLC is committing fraud and invading my consumer rights to privacy. LVNV FUNDING LLC has also caused me embarrassment and defamed my character, and harming my credit worthiness and reputation by furnishing false information on my consumer reports. Furthermore, I have never done business with LVNV FUNDING LLC so I would like to know how they received all of my private financial information. I would also like to know who gave them consent to contact me or report anything to my consumer reports. If LVNV INC has any contractual proof of my consent or obligation of the alleged debt, they need to provide it to me in writing immediately. LVNV FUNDING LLC is violating federal law. I need answers and this matter needs to be resolved immediately.
Company Response:
State: NV
Zip: 89032
Submitted Via: Web
Date Sent: 2021-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-02
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: My account was sold from XXXX XXXX to LVNV FUNDING LLC. LVNV has garnished my wages twice. Once in the amount of {$70.00} and the second time in the amount of $ XXXX. Even though they have successfully garnished my wages twice, this account is still appearing on my credit report owing {$720.00}.
Company Response:
State: AZ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A