Date Received: 2021-07-01
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please see all of the documentation attached. The original creditor is XXXX XXXXXXXX, the collection agency is LVNV Funding C/O Resurgent Capital Services. I was a victim of identity theft and I have been dealing with this matter since XXXX of XXXX. I filed a police report as requested by XXXX XXXX since the debt did not belong to me. The police report is attached. I went through the entire verification process and XXXX XXXX sent me a letter stating : " Thank you for contacting XXXX XXXX XXXX On XX/XX/XXXX, we received your police report. Based on the information received, we are holding you not responsible for the current balance on the above-referenced account. We have submitted a request to remove this tradeline from the consumer reporting agencies. Please allow the agencies approximately 60 days to update their records. lf you have additional questions, please call our Fraud lnvestigations Department at XXXX between XXXX XXXX. and XXXXXXXX XXXX, Monday through Friday ( Pacific Time ). '' PLEASE SEE ATTACHMENT NO. 4 According to my credit profile, LVNV was deleted from my credit profile on XXXX XXXX, XXXX. They are the collection company who purchased the debt from XXXX XXXX where I was a victim of identity theft. This account was added back to my credit profile on XX/XX/XXXX, and it decreased my credit store significantly. I have made several attempts and asked all three bureaus along with LVNV to remove this from my credit profile and also sending relevant documentst that this does not belong to me and they have refused to remove it from my credit profile. The reinserting a debt that had been previously verified as not belonging to me and deleted violates my rights.
Company Response:
State: MS
Zip: 39047
Submitted Via: Web
Date Sent: 2021-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-30
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have contacted the creditor/company many times, but they have failed to provide me with necessary documents that will prove this account or debt belongs to me and it has resulted in loss of credit rating.
Company Response:
State: MA
Zip: 02302
Submitted Via: Web
Date Sent: 2021-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I've been disputing fraud accounts on my credit report since XX/XX/2020. I keep sending multiple sets of letters to the bureaus and the creditors so the excuse of " we didn't get it '' doesn't happen. Furthermore, each letter is certified mail with tracking and each letter shows signed and delivered and yet the bureaus are still not taking any actions. The accounts are not showing in dispute nor are they removed from my report. The accounts always show up with different name variations and different account number variations and yet the bureaus seem to ignore the trend and let these fraud accounts affect my credit score. I have requested the investigation to be initiated and also verifiable proof to be submitted should the account claim to be mine. Not only have I not received any mail showing the verifiable proofs needed to justify the accounts to be on my report, I haven't even received any letters at all stating the investigations have begun. Per the FCRA and federal law, the process is supposed to be 30 days. 160 days later, I'm still here shelling out money for certified mail with no end in sight and no results to show. This is my last option before I take this up with my lawyers and sue for full compensations and damages incurred. Finally, it seems that when these complaints are submitted, the bureaus are using the excuse that they " can't confirm my identity '' to get away with taking no actions on my credit report. Please investigate this as well.
Company Response:
State: NJ
Zip: 08723
Submitted Via: Web
Date Sent: 2021-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Follow up to Claim # : XXXX - Resurgent Capital Services, LP/LVNV XXXX XXXX XXXX # : XXXX - XXXX XXXX XXXX Good morning CFPB, I am following up with a second complaint on case # : XXXX as I don't feel LVNV answered to satisfaction to close the case. These companies are accustomed to pointing fingers at each other because it creates confusion and they report longer. After 9 months of confusion I have it down to a science. These companies are accustomed to writing responses to you guys that effectively close the complaint, but that doesn't mean they are accurate and the situation is resolved just because the person I'm accusing of wrongdoing just says he isn't committing any wrongdoing. It doesn't work that way. You closed the case based on the Bank 's response and LVNV response conflict each other and I completely disagree with accepting Resurgent LVNV Funding 's response as sufficient. They didn't even address the problem I stated so I'm opening a brand new claim to be published based now not only on the original offenses, but also the attempts to skirt legally having to be held accountable and it down for being innacurate by pawing the account off back and forth. LVNV Funding has been adversely reporting/collecting on an account that I had been paying for XXXX XXXX XXXX on until the day it charged off. I don't think Resurgent Capital Services/LVNV Funding understands their own claim response, despite my several letters and follow up phone conversations phone conversations with them to attempt bipassing the automated validation system and trigger a manual review. The one letter that differs from the rest was back a few months ago when I was frustrated and over the phone I asserted that I am XXXX, I became XXXX at the time this account went bad, I communicated with XXXX XXXX XXXX about it regardless of the logistics, the bank has conceded to what I said and verified what I said was accurate with only minor technical discrepancies. LVNV responded with a letter stating they are suspending collections indefinitely. They are still collecting. Why did Resurgent Capital Services validate the account each time I disputed or I called to clarify called or I requested documents such as the purchase agreement to establish that XXXX XXXX XXXX sold you an account that I had claimed a hardship and exercised XXXX XXXX on XX/XX/XXXX per the Bank. When you conducted your reasonable investigation into my dispute that all asserted there was a hardship prior to charge off, I assume you contacted the original creditor to verify that information. Whom did you speak with at XXXX XXXX XXXX, on what dates and what documents did they provide you that led you to determine it was still a valid collectible debt that you didn't have to get the original creditor involved on a financial hardship claim where the claim involved was a financial hardship claim? What date and time were these phone calls? In Resurgent 's response, they provided many months of account statements to show that this account actually does exist. Well again, I didn't dispute whether it existed to begin with or not, I disputed the balance of the collection because that is 100 % impossible to be accurate and after that was verified I started to dispute the investigation methods because if an actual human read the file as Resurgent claims they " personally went over, '' why is it still being reported? That makes no sense. If he personally reviewed my account he would have done the following : - Noticed charges for XXXX XXXX XXXX on all billing statements. - Considered the disputes claim that it is innacurate. - Inquired with the original creditor if the documents provided by me were original and legitimate. - When they gave their answer which they gave the CFPB and Comptroller of the Currency, you would see that they agree the account was covered under XXXX XXXX on XX/XX/XXXX, and they verified that they are not reporting on my credit report. - The bank asserts that I must take up my claim with LVNV Funding because you are the one responsible for reporting the account and investigating disputes into the account and the original account. - You assert that I must take it up with XXXX XXXX XXXX. - Who is responsible for investigating the completeness and accuracy of the current reporting of the account based on a Credit XXXX XXXX assertion that they have removed the account, validated that I was enrolled in XXXX XXXX and it was brought up on XX/XX/XXXX? - In other words, what parties were involved in your investigations into my disputes all this year? - Who were the parties you spoke with? Date? Time? Phone number? - What was said in response by XXXX XXXX XXXX when you relayed my dispute information? ( this response would have been provided in writing )., but you never provided it to me. - That brought me to actually question not only the validity of the account but also you as a company, and my mission went from being about cleaning up a misunderstanding to uncovering Shady schemes to keep a bad account parked on my credit report through closing so I pay it to not lose out on the money. - What documents were provided in by any 3rd parties companies involved in the investigation of my dispute response to my claim of hardship? ( There will be documents. I had credit protection so I wouldn't recommend making up that you contacted them if you don't have supporting documents. ). Were there third parties? Did you involve the original creditor? I assure you that I have no intention of ever paying a debt I don't owe. That's why I paid XXXX XXXX and not you. Now that you've verified and validated this account over 8-10 times for accuracy .... You can see my pull from XX/XX/XXXX from IdentityIQ.com that shows not only inconsistencies and innacuracies, but missing information, contradicting information, contradicting status and type of account. IT IS NOW ILLEGAL TO REPORT THIS ACCOUNT TO THE BUREAUS AND IT IS ILLEGAL FOR BUREAUS TO ALLOW YOU TO REPORT IT. In it, you have broken the law to report this account at all per the FCRA and FDCPA and FCCPA. You further try to skirt around technicalities of collection reporting by removing Collection Account status/type from the proper field and noting it with emphasis in several notes sections and sections used for other purposes. Questions That must be answered : 1. As a debt buyer who, how did you investigate my disputes claiming I was having hardship at the time of discharge with the original creditor and that I had XXXX XXXX? 2. You saw all of the documents and you saw the charges for credit protection, why would you validate/verify accurate reporting when that element of uncertain truth entered into your mind ... Or did you not quite go over it in as great detail as you said? 3. When I informed you that I was XXXX and my sole source of income was SSDI, I informed you that I couldn't be garnished ... I'm pretty much judgement proof anyway, the hardship is real, the credit protection is real ... Why did you not send it back to the original creditor? 4. When I called Resurgent Capital Services/LVNV FUNDING and explained the situation several times. Why did you request certain documents like my award letter and credit protection documents, assure me you'd review it and take care of it and 30 Days later I'd get an automatically generated validation. XXXX. XXXX Resurgent Capital Services, LP/LVNV Funding have a formal dispute investigation process? If so, can you send me an outline of the steps taken to investigate all disputes? If not, why not? XXXX. Please provide me with all documents utilized in investigating all of my disputes through the bureaus and directly. XXXX. Please list all parties involved in your investigation of the dispute. XXXX. THE ACCOUNTS ARE NOW MISSING REQUIRED FIELDS SUCH AS eq. ORIGINAL CREDITOR, exp. DATE OF FIRST DELINQUENCY, tu. DATE OF FIRST DELINQUENCY. The facts are, the original creditor responded to this complaint basically saying, yeah we know you had credit protection and it's been removed from your account. XXXX XXXX on the other hand has validated the debt without even putting human eyes on it nevermind investigating it. I'd this guy personally reviewed the file and my disputes he would have easily picked up that each statement has a charge for the the XXXX XXXX program, would have put more weight into deciding to contact XXXX XXXX XXXX, and got their answer and all of this would not be happening. They neglected that responsibility. They knowingly refused to investigate my Disputes and kept referring me to XXXX XXXX XXXX for resolution. XXXX XXXX XXXX XXXX has verified my claim and assured me they are not reporting. Remove this account from all bureaus immediately. Thank You, XXXX XXXX
Company Response:
State: FL
Zip: 34112
Submitted Via: Web
Date Sent: 2021-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The account has a last active date of XX/XX/2014 and was satisfied. The account is also out of the 7 years of statute.
Company Response:
State: GA
Zip: 30032
Submitted Via: Web
Date Sent: 2021-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-30
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 really dumbfounded with what is going on in my credit file. This are trying times and everyone is on rebuilding. I am building my credit standing yet these accounts appear to affect my scores so bad that I am losing hope. Please help me out with them and eradicate them from my credit file. To point things out, these account has a lot of missing identification and information that can not stand to be reported. Please investigate and remove them right away.
Company Response:
State: NC
Zip: 28144
Submitted Via: Web
Date Sent: 2021-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am receiving repeated inquires about a debt that I have no knowledge of. I feel that it must be a scam.
XXXX XXXX
Company Response:
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2021-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: These are not my accounts. Someone stole my identity and opened many accts under my name without my permission or authority. Please verify all information is truly mine, correct and accurate.
Company Response:
State: CA
Zip: 90803
Submitted Via: Web
Date Sent: 2021-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have repeatedly asked for the signed application fro the year this account was open and have been refused this information This company bought the debt from another company.
Company Response:
State: PA
Zip: 19148
Submitted Via: Web
Date Sent: 2021-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: LVNV FUNDING has not sent me any documents verifying this debt belongs to me. LVNV only sent account statements with purchasing on them. PLEASE BE aware that a printout of a bill or itemized document does not constitute verification. YOU ARE IN STRICT Violation of the Fair credit reporting act. Please act now and remove this account from all CRA ASAP! 1. Please send me the initial application when this account first was open so I can review information submitted to XXXX XXXX and XXXX XXXX. Please DO NOT SEND A LIST OF PURCHASES MADE WITH THIS CREDIT CARD BECAUSE THAT IS NOT EVIDENCE. 2. This application was open over the internet so anyone with my information couldve submitted this. Please send me something bearing my Wet signature saying that I XXXX XXXX is responsible for this debt. 3. Please block this information from my credit report, pursuant to section 605B of the Fair Credit Reporting Act, and send the required notifications to all furnishers of this information. 4. As required by section 611 of the Fair Credit Reporting Act, 15 U.S.C. 1681i, I am requesting that the item ( s ) be removed from all CRA! Yet again, you have failed to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby. Please send me the original instrument of indebtedness in its original form on or before XX/XX/2021. You can't produce the original instrument of indebtedness in its original form this account should be deleted from all CRA ASAP. REMINDER according to federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws it's illegal to report any derogatory accounts on CRA IF you can not produce an original instrument of indebtedness in its original form. Please do not send me an account statement with payment history, credit card purchases. Send me an original instrument of indebtedness in it's an original form or delete this account from all CRA ASAP OR I WILL SUE YOU! Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. I am again formally requesting a copy of any documents, bearing my sig- nature, showing that I have a legally binding contractual obligation to pay you the alleged amount. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete, and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your non-compliance of federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compli- ance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damag- es per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not lim- ited to Section 807-8 ) Violation of the Fair Credit Reporting Act You will be required to appear in a court venue local to me, in order to formally defend yourself.
Company Response:
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A