Date Received: 2021-04-15
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This matter is included in litigation due to attempts to collect an alleged debt which is neither owed nor validated. This alleged debt is fraudulent and XXXX is a willing party to their fraud. I have filed a complaint with CFPB ; I have disputed this debt with XXXX, and XXXX. I sent Resurgent/LVNV FUNDING. LLC an affidavit in response to the dunning letter and demanded that they VALIDATE the debt, which they have not : and are continuing to report on my XXXX and XXXX credit reports. XXXX and XXXX are continuing to allow this egregious act. Both XXXX and XXXX need to validate the debt properly and by checking the CREDIT BUREAUS LVNV FUNDING LLC pulled my credit with XXXX and entered a collections entry XX/XX/2020. This was NOT a permissible pull. LVNV FUNDING LLC made an XXXX entry stating that the account was opened XX/XX/2020 for {$2300.00}. Since my last dispute with CFPB, XXXX has deleted the entry from my reports. XXXX does not now and have never had any business, written, expressed, alleged or implied, with LVNV FUNDING LLC and the joint and several principals, agents or assigns of LVNV FUNDING LLC and does not, in any manner, with this Affidavit agree to contract with, reage, renew, or revive any alleged contracts or agreements upon and by which LVNV FUNDING LLC and the joint and several principals, agents or assigns of LVNV FUNDING LLC may incorrectly claim, allege or presume exists with the Trust. XXXX has and asserts a superior, claim in equity and a legal right of subrogation over any charges and or claims of indebtedness alleged by LVNV FUNDING LLC and the joint and several principals, agents or assigns of LVNV FUNDING LLC as being owed by the Trust and hereby instructs LVNV FUNDING LLC and the joint and several principals, agents or assigns of LVNV FUNDING LLC to act honorably and amicably in the execution of their joint and several fiduciary duties, as duly appointed Trustees and setoff and discharge, in full and with prejudice to the Trust, all accounts, claims, and charges which are now and or may arise a result of Exhibit 1. XXXX is receiving countless annoying autodialed calls where for 3-5 seconds noone is on the line. I initially sent a series of letters to the credit reporting agencies. I am fully aware of how reporting works and found evidence of non-compliance in accordance to the E-Oscar and Metro 2 format procedures to report. Please see attached documents of proof of me sending the letter and the agencies receiving them. In addition to that, please note that they are ignoring my request to modify accounts, which would lead to changes on all agency reports ( as per the carbon copy rules of E-Oscar updates ). It is very important that you please investigate and resolve as this is injurious to my character and is obstructing my ability to obtain financing. I want LVNV FUNDING LLC stop entering false accounts on my credit reports That the agencies comply with E-Oscar and Metro-2 formatting rules. That the CDIA ensures that the Metro 2 task force reviews the data furnisher 's malpractice and investigate my accounts in question. The non-compliant items be removed. This matter is included in litigation due to attempts to collect an alleged debt which is neither owed nor validated. This alleged debt is fraudulent and XXXX and XXXX is a willing party to their fraud.
Company Response:
State: MD
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding LLC is reporting a debt collection account against me that they fail to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. 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. LVNV Funding wont send any documents, bearing my signature, showing that I have a legally binding contractual agreement/obligation to pay them for the alleged amount. XXXX and XXXX have already removed this account from my credit for Violations against the Fair Credit Reporting Act. LVNV Funding also didnt furnish the credit bureaus with the required disclosure, within the period required by law. They are required by law to place a notice of dispute on my account within 30 days of my dispute, which you signed for XX/XX/2021. I have retained a copy of their signature and date of receipt, as well as time stamps of my credit reports showing that you violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) and/or the Fair Debt Collection Practices Act 807 ( 8 ) by not placing the disclosure within the required 30 day period. Im requesting LVNV Funding delete this account off of my credit reports for good for violations against the Fair Debt Collection Practices Act.
Company Response:
State: TX
Zip: 76548
Submitted Via: Web
Date Sent: 2021-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: I'm currently being garnished for a credit card that I have no idea ever existed. The attorney XXXX, XXXX and XXXX was sent a letter asking for information about the credit card and they never supplied that information to me. I ask for a copy of the signed contract and a complete forensic accounting they used to calculate the debt. To this day I have not received any information regarding the account. They have not provided me any proof of any account existing in my name. Court documents show an account number that was whited out with a completely new account number written over it. No Contract included or any validation of any debt amount or when the contract was signed. This is fraud on behalf of LVNV funding and it's collecting arm Resurgent Capital Services attorney XXXX, XXXX XXXX XXXX What I've requested from Resurgent on XX/XX/21 was : -signed application -the entity suing me purchased the right to collect on the debt -the balance claimed as being due is calculated properly -the loan has not been rendered unenforceable due to the expiration of the statute of limitations
Company Response:
State: MI
Zip: 49203
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: I contacted the third-party collection agency I made an arrangement to settle what was owed but they still report me as derogatory on my credit report. I informed them that I was unhappy with that type of report could they please remove the derogatory statement and stop reporting it that way because I am trying to get a home and I cant because of the negative report and they denied me so I also said to them according to the fair credit report act I have a right not to have derogatory information in my report and they dismissed it
Company Response:
State: GA
Zip: 31206
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: Creditor sent an email regarding debt to the incorrect person. All of my personal information is included and my identity has been comprised. This person now has access to my full name, address, phone number and social security number. Including where the debt came from and the account number.
Company Response:
State: MD
Zip: 21244
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This is an updated complaint filed earlier against XXXX XXXX XXXX which has a few departments that are hard to locate, inresponssive, impossible to talk to but once you get through they say that another department is handling them. However, this claim is reported on a credit report under LVNV Funding which is also stated on XXXX XXXX Notices. This complaint is addressed to LVNV which actually reports to credit agencies. I had a signed settlement agreement with the XXXX XXXX XXXX for my account XXXX, settlement agreement XXXX. Where the settlement amount had been XXXX and by XXXX of XXXX {$490.00} of that balance had been paid off, the outstanding balance was {$350.00}. There was no payment withdrawn on XX/XX/XXXX, and XX/XX/XXXX. To prove I have a statement and notices from the bank reflecting a sufficient amount on the account and overdraft services were on. In XX/XX/XXXX I am receiving a letter and signing up for a new payment arrangement of {$64.00} and an outstanding amount is {$780.00}. After I have signed up for a new payment arrangement I realized that I have already had a payment arrangement for this account and I have already tried to contact XXXX XXXX to clarify through their website and sent 3 messages of which I have time-stamped screenshots. After I made a payment of {$64.00} according to the new and second arrangement that I could not cancel at this point, it brought my balance to {$280.00}. I send another message to them to clarify and called. When I called I was told by a young gentleman they have 2 different parts of the collection department and another department is under a different number, which I called and left a voicemail as no one was available. Then I proceeded to send another email, requesting to receive clarification on the account and balance. Today I have finally called and spoke to Ms. XXXX if I got it correctly and her manager XXXX where I was told at first that I was manually scheduling payments and did not schedule them, then I was told that it is all caused by my payment did not go through and that agreement was voided and now I have to start paying off the new settlement. Not only the manager was not courteous, did not let me speak at all or raise any questions, bossy, and it turned into more of a shouting exercise where I could not speak normally or question anything. She completely shut all my concerns. I truly feel that this collection process was unfair and misrepresenting, I was mistreated and paced me under pressure. Where this agency prays on the debt problems and makes them worse, robbing people and acting like vultures, instead of helping in resolving them by misrepresenting, miscommunication, and is reporting it to credit report under another agency.
Company Response:
State: NY
Zip: 11224
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I spoke with this collection agency on XX/XX/XXXX. I made them aware that I was not familiar with this account and I needed something to validate the amount owed and the other account information. They sent me an email that only listed their name and the amount owed. The lady on the phone said they were not able provide any further information.
Company Response:
State: NC
Zip: 278XX
Submitted Via: Web
Date Sent: 2021-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-13
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I called LVNV Funding, which redirected me to Resurgent Capital Services, on XX/XX/21 at around XXXX XXXX. I spoke to a representative named XXXX to ask her to send a letter of verification of this debt, which I have already disputed with the credit card company and it's said to be within " FCRA requirements ''. This debt is not mine. XXXX told me of a " cease and desist order '' that was placed on my account and that it had to be lifted before any debt verification letter could be sent. I gave no such cease and desist order and told them to lift it so I can verify the debt. This company illegally put a cease and desist order on my account, without my knowledge, so they can try and sue me for a debt that is not mine.
Company Response:
State: MO
Zip: 65807
Submitted Via: Web
Date Sent: 2021-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-12
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: The original creditor closed my credit card then it was turned over to LVNV Funding LLC. I sent the collection agency a letter asking for my signature as proof for contract with them. They failed to provide signature but instead sends me some literature on credit cards with that company. After sending more certified letters to the collection agency I receive letters from another collection agency stating they are collecting also. This has been going back and forth between LVNV and Resurgent Capital Services. Always calling my phone and telling me I need take care of this.
Company Response:
State: IN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-12
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I received a letter from XXXX XXXX XXXX Address : PO box XXXX XXXX, IL XXXX. Account reference no XXXX. I confirm over the phone my the last XXXX digits of my SSN are correct ; my last name is incorrect ; I advised the agent that is no my legal name announced that I am a FRAUD VICTIM., and I have an EXTENDED ALERT on all my credit files. Also advised that this account was opened fraudulent over 19 years ago, XX/XX/2002 ; at the time, I was a minor. The agent told me I do not care what you are describing how you will pay for this amount you own, or We will be a force to pursue legal action against you. After requesting to speak to a manager or supervisor, the supervisor hangs up the phone after insulting me. I contacted this creditor several times and was placed on hold, and I was told several times ( " DO WHATEVER YOU LIKE WE DONT CARE '' ) I notified this collector that I would be filing a complaint with FDCPA, and they hang up the phone again for the fifth time.
Company Response:
State: MN
Zip: 55378
Submitted Via: Web
Date Sent: 2021-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A