Date Received: 2020-11-10
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: Account # - XXXX ( LVNV FUNDING ) Dear XXXX, Please be advised this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. Despite two written requests, the unverified item ( LVNV FUNDING ) listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your first investigation and subsequent reinvestigation, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. Now, I respectfully request that your office ( s ) provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following : 1 ) Please validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) ; 2 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and original creditor, bearing Consumer wet-ink signature ; 3 ) Please provide proof when the original creditor claims this debt became due and when it became delinquent ; 4 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and Collector, bearing Consumer wet-ink signature ; 5 ) Please provide a copy of the last billing statement sent to Consumer by the original creditor ; 6 ) Please provide late payment notice and/or account closing notice provided by the original creditor ; 7 ) Please provide me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above- alleged account ; 8 ) Please provide me a verified certificate of authority, and/or proof that your company are licensed to collect in my State ; 9 ) Please provide general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original custodian of the books and records ; 10 ) Please provide the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as FR 2046 balance sheet ( OMB # 's 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S, and RC-B call schedules ; 11 ) Please provide verification and/or copy of any judgment if applicable ; 12 ) Please provide proof of any interest, fees or other charges expressly authorized by the agreement ; 13 ) Please provide a certified copy of all Public Hazard Bond ( s ) and Liability Insurance Policy ( s ) and accounting demonstrating the financial capability of Collector ; 14 ) Please provide proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, an Insurance Claim or selling the purported debt to third party debt collector ; 15 ) Please provide a Statute of Limitations expressly authorized by the agreement ; 16 ) Finally, please provide an affidavit signed under Penalty of Perjury that Collector or any agent ( s ) acting on their behalf has not violated any portion of the Fair Debt Collection Practice Act. At this time, I also inform you that reporting invalidated information to major credit bureaus ( XXXX, XXXX, XXXX or any third party ) might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. Also, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : Violation of the Fair Credit Reporting Act ; Violation of the Fair Debt Collection Practices Act ; Violation of the Consumer Collection Practices Act in my State ; I am waiting for your immediate action to my requests. Best Regards,
Company Response:
State: IL
Zip: 60438
Submitted Via: Web
Date Sent: 2020-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-10
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: The account being reported by LMNV Funding, LLC is not valid. The XXXX XX/XX/XXXX credit card for {$790.00} they are referring to had a policy that was to pay off the account in the event that I became unemployed. This policy was offered at the onset and served as Valuable consideration for the formation of the contract. I became unemployed before this account went past due and reported the unemployment to XX/XX/XXXX who both billed for the insurance and offered it from the beginning. XXXX XX/XX/XXXXreceived notice that I was unemployed and they knew I had this policy they should have filed a claim. As such, XXXX XX/XX/XXXXis in breach and LMNV Funding, LLC is attempting to collect a invalid debt.
Company Response:
State: KS
Zip: 67216
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-10
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the UNVERIFIED items listed below are not deleted immediately. A copy of this letter as well as copies of the three written letters sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. Despite three written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. Certified Mail tracking # XXXX XXXX XXXX XXXX XXXX of the last letter,
Company Response:
State: TX
Zip: 78045
Submitted Via: Web
Date Sent: 2020-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: On XX/XX/2020 LVNV FUNDING LLC had someone pounding on my door like the cops when i answered the door the guy handed me papers saying I was being sued for a debt in the amount of {$5000.00} for an old XXXX account that I had. I asked him how they had a right to sue over an old debt that has been cleared off my credit report to which I was told XXXX like you deserve what you get. This company has put the debt back onto my credit report claiming it is brand new debt to which it is not. I didn't sign for the paperwork he just forced me to take it. The original date of the filing was XXXX, we are in XXXX, I don't see how they have the right to do this.
Company Response:
State: NY
Zip: 131XX
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am a victim of Identity theft and breach of information. The information that appears on my credit report, does not relate to any transactions that I have made. It is the result of identity theft and breach of information.
Company Response:
State: NJ
Zip: 07042
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding has been harassing me & reporting false information on my credit report for the amount of {$840.00} stating it was opened on XX/XX/2020 XXXX
Company Response:
State: CA
Zip: 93313
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
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: To whom it may concern : I ( XXXX XXXX XXXX have reviewed my credit report and see that your company has listed an account XXXX XXXX XXXX bank card XXXX on my credit file with A balance. I have sent A certified letter to have this debt validated and have received no response as of today. I am not refusing to pay this balance or account but I am sending you this notice that under my rights according to the Fair Debt Collection Practice Act ( 15USC1692g Sec 809 ( b ) ) I am FORMALLY DISPUTING your claim and requesting validation of the account. I have never had an account with this company nor have I did any business with this company. Please note : I am not requesting verification of the account and I do not need you to send me proof of my mailing address. I am respectfully requesting that your office provide evidence that I have A legal obligation to pay you. Please provide the following : 1. Detail of what the money I owe you is for. 2.How the amount you claim I owed was calculated. 3.Copy of your agreement with the original creditor. 4.Provid me with physical papers papers that show I agreed to pay what you say I owe ( Including my signature ) 8.Please provide A copy OF YOUR LICENSE TO COLLECT in my stat, including the number and registered agent. Please ACT IMMEDIATELY, as i am sure you are aware that reporting invalid information to the three credit bureaus may constitute DEFAMATION OF CHARACTER and deprives me of my right to enjoy good credit. Until this debt is validated, you MAY NOT CONTINUE TO REPORT the account to the credit bureaus or continue collection issues. If any negative information is found on my credit report file without this account first being validated. I will be forced to contact both the Federal Trade Commission and the state agencies and PURSUE LITIGATION for violation of the FCRA as well as the FDCPA. I will also file suit for defamation of character. Once you provide me with the above referenced information I will need 30 days to investigate the information provided. During this time, you MUST CEASE AND DESIST from collection activities. If you do not respond within 30 days the referenced account should be removed from my credit files. Please send me evidence of the deletion.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I'm requesting that this collection be removed from the credit report. My credit limit was {$300.00} and I settled to pay XXXX. I attached my supportive documents. Thank you
Company Response:
State: PA
Zip: 19145
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-09
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Was a victim of Hurricane Harvey and had to move from XXXX XXXX, Tx to XXXX XXXX, Tx. Contacted XXXX XXXX about the bill being owed and I was told that due to the devastation they were waiving the bill. They done this for a lot of people affected by the storm. Here is some years later and I am getting this on my report again. LVNV was on my report at the beginning of the year and then taken off. Now here it is XXXX and it is back on there again. Why is that? I was told by XXXX XXXX is would be waived. I still have XXXX XXXX to this day. Why haven't I been charged for this by them if I still have service with them. This should not be on my report. I contacted XXXX XXXX and they don't even have a record of it. I need to see the original bill for this because I never received one.
Company Response:
State: TX
Zip: 76112
Submitted Via: Web
Date Sent: 2020-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-08
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Lvnv Funding is trying to collect a debt that is not mine. There was a fraud alert placed on my account 5 years ago. I have no business with LVNV and was never called on fraud alert number to give ok to open business with them.
Company Response:
State: PA
Zip: 18914
Submitted Via: Web
Date Sent: 2020-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A