Date Received: 2020-11-08
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: XX/XX/2020, {$11000.00}, the actions were taken by myself challenging the accuracy, compliance, and reportability of this listing with LVNV Funding LLC. According to the Fair Credit Reporting Act in Section 609, I am exercising my rights. Please provide me with copies of the original sources for the item reported which includes contracts I signed.
Company Response:
State: KY
Zip: 40229
Submitted Via: Web
Date Sent: 2020-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-08
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I mailed LVNV FUNDING a debt verification letter on XX/XX/2020 asking the collection agency to verify the debt. LVNV funding responded with a letter just stating I owed {$960.00} dollars for a credit card debt with XX/XX/XXXX I then sent a letter certified return receipt on XX/XX/2020 ( delivered XX/XX/2020 ) stating their response was insufficient, and requested the contract I signed that gives them legal standing to collect said debt. Their attorney XXXX XXXX XXXX sent a letter stating LVNV funding would obtain a debt verification or a judgment against me for said debt. LVNV funding refused to validate the debt and ignored my request for the contracts it assumed I signed giving legal grounds to collect debt. I disputed the account from my credit report XX/XX/2020 with XX/XX/XXXX for failure of debt validation by LVNV Funding. I also disputed with XX/XX/XXXX XX/XX/XXXX, and XX/XX/XXXXin terms of LVNV funding violating my rights under the FCRA in allowing LVNV to inaccurately report this collection account on my credit. LVNV has reported this account as a factoring account with a one month term limit with a balance of {$960.00} ; while also negligently reporting 20 months late payments on a collections account of debt LVNV claims to have purchased. The credit bureaus investigated my disputes and stated LVNV meets the requirements of the fair credit reporting act. I stated in my disputes I did not sign any contract with LVNV debt collection agency and it was a violation of my rights to allow them to inaccurately report on my credit and requested LVNV funding be deleted from my credit report. LVNV Funding refused to validate the debt, provide the contract or bill of sale from the original creditors, and violated my rights under the FCRA by reporting monthly late payments, and all 3 bureaus has allowed these violations to happen, and further damage my credit, illegally. Now XXXX, the LVNV attorney who refused my requests for documentation for debt validation, has filed a lawsuit against me in my county, court case ( XXXX ). XXXX XXXX stated in last letter to me ( forward to my new address by USPS, XXXX XXXX refused to send letters to return address on the letter I sent LVNV ) he would either validate the debt or receive judgment on the debt. XXXX XXXX has never validated the debt, instead he has followed through with his threats of legal action. LVNV funding has violated my rights numerous times with the complicity of the credit bureaus.
Company Response:
State: GA
Zip: 30236
Submitted Via: Web
Date Sent: 2020-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-08
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2020 I sent LVNV Funding LLC a letter requesting validation of debt LVNV Funding LLC claims i owe to them. On XX/XX/2020 i received an itemized list of alleged charges they claim I owe to them. As of XX/XX/2020 LVNV Funding LLC is still reporting these collections on my credit report, which is considered to be a collection activity. LVNV Funding LLC is now in violation of FDCPA and are subject to fines.
Company Response:
State: CA
Zip: 90221
Submitted Via: Web
Date Sent: 2020-11-08
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 infringing upon my FCRA rights by committing an intentional tort against me via refusing to discharge a fraudulent and invalid debt. I am a former victim of fraud/identity theft. Upon request from the original creditor, XXXX XXXXXXXX XXXX, I have provided a copy of the police report filed in XXXX. On XX/XX/XXXX, I contacted all three credit bureaus disputing the validity of the debt and making it known that I am a former victim of identity theft. On XX/XX/XXXX I received a notice from XXXX XXXX XXXX informing me that the debt had been sold to LVNV Funding and advising me to submit a police report regarding identity theft. I complied, and on XX/XX/XXXX I mailed LVNV Funding a letter of dispute along with a copy of the police report and driver 's license ( from the timeframe of the identity theft ). After submitting the requested exculpatory evidence, LVNV Funding refuses to discharge the fraudulent debt. On XX/XX/XXXX LVNV Funding mailed me a letter demanding that I further submit a completed and notarized identity theft affidavit, a letter from the original creditor ( XXXX XXXX XXXX ) supporting the claim, and court documents showing that the perpetrator has been prosecuted. None of these are feasible to provide based on the following : 1. ) The original creditor, XXXX XXXXXXXX XXXX, responded and stated that the debt had been sold to LVNV Funding and to contact them directly providing a police report ; whereas, I complied. XXXX XXXX is not going to provide documentation supporting my complaint and LVNV Funding is aware of this. 2. ) I now live in Maryland since late XXXX which is outside of the jurisdiction of Texas. 3. ) This incident is dating back to XXXX and is now well beyond the statute of limitations to press charges against the party who stole my identity and provide LVNV Funding that documentation. So these are all moot requests to be made now in XXXX. I have provided the burden of proof by submitting exculpatory evidence that is admissible in court in support of my claim, whereas LVNV Funding has not provided sufficient validation of the debt. The initial document sent to me via XXXX XXXX XXXX details incorrect address information. This information is also inconsistent with the address information provided by LVNV Funding in a copy of a supposed credit card statement from XXXX XXXX XXXX. Also, the dates detailed via the statement and documents provided by LVNV Funding are inconsistent. On the supposed statement from XXXX XXXX XXXX ( provided by LVNV Funding ), the statement close date is listed as XX/XX/XXXX with a due date of XX/XX/XXXX. This information is inconsistent with what LVNV Funding details in the account summary report. LVNV Funding shows the account charge off date listed as XX/XX/XXXX, which is two days after the statement closing date and prior to the due date of XX/XX/XXXX. Outside of my name, the combination of misinformation provided along with the lack of identifying information is not a sufficient standard of proof and does not validate the debt beyond a reasonable doubt. As LVNV Funding is not the original creditor, and I have submitted a police report satisfying the request of the original creditor, LVNV Funding is outside of their realm of jurisdiction attempting to collect on a fraudulent and invalid debt.
Company Response:
State: MD
Zip: 20904
Submitted Via: Web
Date Sent: 2020-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Dear Sir or Madam, I have contacted the following companies from 2 different credit bureaus and they can not even find information on items that I have on my credit report. I would liked them removed as soon as possible. I have sent the dispute letters to XXXX and XXXX to have them removed and it has been over the standard time of 30 days with no reply. The items are ... ... 1. XXXX XXXX XXXX - Amount of {$2600.00} 2. XXXX XXXX XXXX - Amount of {$1500.00} 3. XXXX XXXX XXXX - Amount of {$610.00}
Company Response:
State: TX
Zip: 77449
Submitted Via: Web
Date Sent: 2020-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-07
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: A Garnishment was added to my pay from my job without any knowledge or notification ... .I was told that they took me to court and I do not reside in new York XXXX So there is no way I went to court or was seen there.
Company Response:
State: GA
Zip: 30281
Submitted Via: Web
Date Sent: 2020-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: There is a company called Lvnv Funding Llc the claim that I owe {$630.00} dollars. This is not true this debt is not mine, please help.
Company Response:
State: GA
Zip: 30013
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-06
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: A XXXX credit card was opened unknown by me. According to XXXX this issue was resolved and I was told I was not responsible for this debt back in 2018. This debt was sold to LVNC and XXXX debt collections. They are not trying to collect this debt and have threatened to sue me. When I ask for validation all they send me is a statement. There is no proof that I opened the account. Even XXXX CSR 's told me that the account was not opened in Virginia. Please investigate.
Company Response:
State: VA
Zip: 245XX
Submitted Via: Web
Date Sent: 2020-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-05
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Brief Synopsis : 1 : Sometime in XXXX, LVNV Funding allegedly became the assignee of a disputed debt ; however, they refused to provide any proof of this debt or that they were, in fact, a legitimate assignee then and still refuses to provide such information, despite my requests pursuant to the Fair Debt Collection Practices Act. 2 : I was never initially notified by LVNV Funding that they had acquired the alleged debt until receiving court documents from the XXXX XXXX XXXX XXXX XXXX. I filed a detailed and timely Answer and Defenses in response to their action. My response, in XXXX, clearly stated " Defendant has a reasonable belief that the Plaintiff is not a true Assignee and lacks standing to bring this action. Defendant demands strict proof of the alleged Assignment. '' Proof was never provided by LVNV Funding or LVNV 's attorneys. 3. LVNV Funding/XXXX XXXX XXXX XXXX XXXX obtained a judgment at a trial date at which I could not attend, as the court hearing notice got lost in mail and was never received. I immediately filed a Motion to Vacate that Judgment, had a hearing date set and attended. Despite the uncontested evidence that I had not received the notice of trial, the Court refused to vacate the improper judgment. In XXXX of XXXX, after the judge would not over turn his decision on the default judgment, the attorney with the XXXX XXXX XXXX XXXX XXXX, was to discuss with his client on proposing a settlement amount. He never got back with me. 4 : On XX/XX/XXXX when I inquired about trying to settle the alleged debt, a representative from the XXXX XXXX XXXX XXXX XXXX stated this matter was closed in their offices and referred me to Resurgent Capital Services. This was the first time I have heard of Resurgent Capital Services. 5. After calling Resurgent Capital Services to get the information on whom I needed to speak with regarding the LVNV Funding debt, they notified me that they had two debts listed in my name with the " owner '' being LVNV Funding, one for XXXX XXXX and the other for LVNV Funding, assignee of XXXX XXXX XXXXXXXX Just as in the LVNV Funding case, I had never received any notice from LVNV Funding that it now also owned the XXXX debt. It appears that LVNV does and/or did not send notice ( s ) when it purchased this account as they have claimed they did so in the past. I had received all of the previous other collection agency notices regarding the disputed debts with both XXXX and XXXX XXXX, which were both properly and timely disputed. In fact, I have an email from XXXX where XXXX was notified about the disputed charges with XXXX XXXX and requested to cease the 3 to 4 times a day harassing phone calls. Again, I received communications from that collection agency but no notices from LVNV, Resurgent Capital Services, The XXXX. XXXX XXXX, or the XXXX XXXX XXXX XXXX XXXX XXXX regarding that disputed debt. This failure to provide written notices and documents seems to be a common practice for LVNV and its legal representatives. 6 : Resurgent Capital Services had referred me to The XXXX XXXX XXXX XXXX who advised that they were now the firm handling the LVNV/XXXX XXXX debt, not the XXXX XXXX XXXX XXXXXXXX XXXX. 7 : Regardless of the lack of previous written notifications, Resurgent Capital Services was put on verbal notice that the XXXX debt had been disputed repeatedly ; I explained to them why it had been disputed in the past and requested all the documentation proving that debt, and explanations on being billed for full monthly payments for both DSL and a Phone Line when all I had was a phone line for 3 months. The lady at Resurgent Capital Services said I would receive a " packet '' in the mail in about 30 days with all that information. I received a letter from Resurgent Capital Services on XX/XX/XXXX stating " enclosed was an account summary which provides verification of debt. '' Clearly, this was not what I had requested. Due to their failure to properly respond, Resurgent Capital Services was mailed a Fair Debt Collection Practices Act Request Letter. ( See attachment XXXX Letter to Resurgent XXXX XXXX. That letter was received by someone at Resurgent 's on XXXX and a copy was also emailed to the office of XXXX. Resurgent Capital Services failed to respond to the FDCPA Request letter with documents evidencing that LVNV Funding is the true and valid assignee of the alleged XXXX Debt they " acquired ''. 8 : Furthermore, regarding the alleged debt in judgment mentioned above in # XXXX, both Resurgent Capital Services and XXXX XXXX XXXX XXXX, were sent FDCPA Document Verification Request letters on XX/XX/XXXX XXXX file attached " XXXX to Resurgents_LVNV Funding XXXX '' XXXX requesting documents and specifically a copy of judgment that LVNV and/or now Resurgent Capital Services holds on the debt. Both parties received that letter on XX/XX/XXXX. Both Resurgent Capital Services and XXXX XXXX. XXXX XXXX failed to respond to that letter in any manner, either orally or in writing. It is clear and indisputable that there have been repeated FDCPA violations, as follows : 1 : I never received notice of assignment on either the XXXX Debt or the XXXX XXXX debt that LVNV Funding claims to have acquired. FDCPA # 1 violation by Resurgent Capital Services on 2 accounts 2 : My XX/XX/XXXX letter to Resurgent Capital Services, a debt verification letter, was sent within the allotted 30-day time frame of receiving their letter dated XX/XX/XXXX, and there has been no response. FDCPA violation # 2 of Resurgent Capital Services 3 : The Consumer Finance ( cfpb ) also states that " A debt collector must tell you the name of the creditor, the amount owed, and that you can dispute the debt or seek verification of the debt. Any debt collector who contacts you claiming you owe on a debt is required by law to tell you certain information about the debt. '' a ) XXXX XXXX. XXXX XXXX and Resurgent Capital Services were and are attempting to collect the LVNV debt/ judgment. Those are both debt collectors and subject to the FDCPA. b ) Both XXXX. XXXX XXXX and Resurgent Capital Services were sent letters on XX/XX/XXXX requesting proof of ownership, as well as, a copy of the judgment and both failed to respond. FDCPA violation # 3 by both parties In conclusion, all parties involved with email contacts were contacted on XX/XX/XXXX and notified about the repeated FDCPA violations. I have made numerous good faith efforts to resolve these alleged debts, and suggested at this time that both the XXXX disputed debt and the disputed LVNV Funding judgment be " satisfied ''. I requested that any one of the many parties involved to please advise within 7 calendar days of the response to my settlement proposal. The 7 calendar days have expired, and I did not receive a response from any of the 3 parties involved, orally or in writing. They were put on notice that I would be filing this complaint if I did not hear back on an agreement or offer to resolve the disputed debts. More recently, on XX/XX/XXXX, I received a letter from XXXX XXXX ( see attached XXXX XXXX Letter XXXX ) advising they are now handing the XXXX debt for LVNV Funding. The recent transfer of this alleged debt is merely a blatant attempt by Resurgent's/LVNV to avoid their repeated FDCPA violations after receipt of my email communication to Resurgent 's on XXXX XXXX XXXX XXXX is now also in violation of the FDCPA in their attempts to collect a debt on which the statute of limitations has, by their own admission, has expired, and this letter is nothing but further wrongful harassment by LVNV and their 3rd party collection agencies.
Company Response:
State: GA
Zip: 305XX
Submitted Via: Web
Date Sent: 2020-11-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-05
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am filing a complaint of non-compliance requesting validation, made pursuant to the Fair Debt Collection Practices and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting VALIDATION ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay these companies : 1 ) LVNV Funding LLC ( XXXX XXXX XXXX ) ACCT # XXXX. I pull my credit report for 1st time on XX/XX/XXXX not nothing that this collection was on my credit report. I found out I have a right as consumer because I didnt even know that this was on my credit report. So, I found a letter that I can use to dispute this collection on the website of FTC. So, I sent them a letter of validation which I mailed certified on XXXX/XXXX/XXXX ( I have attached the letter I sent them. They received it on XX/XX/XXXX and respond back with a letter on XXXX XXXX of verification I didn't ask for verification I ask for " VALIDATION '' XXXXTHE LETTER THEY SENT DOESN'T EVEN SHOW THE CORRECT ACCOUNT NUMBER. I not only wrote them to give me 'VALIDATION '' but the 3 credit bureaus who are breaking laws of the FCRA XXXX I have right to dispute as consumer because what they are reporting showing all kind of different dates and amounts with 3 credit bureaus is harming me financially. the last time they say I made a payment doesn't match anything on my credit reports. ( 1 ) The FCRA which I saw on the FTC and CFPB website says that if my information is being reported inaccurately. This is defamation, financial injury stating the case : US Court of Appeals Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan. I have told the bureaus that LVNV FUNDING is reporting these things incorrectly. 2 ) They are also in violation fail to report a disputed debt to the credit bureaus. Protection under the FCRA SECTION 623 FINE XXXX.. I have a copy of my credit report on XX/XX/XXXX and on XX/XX/XXXX showing they didn't follow the law.. 3 ) If collection Agency doesnt validate a debt and continually to pursue collection activity. The consumer protection afforded by the FDCPA Section 809 ( b ), FTC opinion letter XXXX from XXXX. XXXX {$1000.00}. The Credit Bureaus are also continually refusing to correct information after I have proved them proof of inaccuracies. Which is defamation, willfully injury. FCRA Section 623 CUSHMAN V. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F. 3d 220, XX/XX/XXXX, Filed ( D.C. No.95-cv-01743 ) This month the FTC, and XXXX XXXX XXXX XXXX have announce Nationwide Crackdown on Abusive Debt Collection Companies. This is formal complaint that you have failed to provide me with copies of any viable evidence, bearing my signature to my dispute letter deposited by certified registered mail with USPS. ( have attached certified letters that were sent ). I have maintain careful records and for your benefit, and as a gesture of goodwill final attempt to have you clear up this matter. You have 15 days to cure. How are you guys reporting or verifying these accounts to the CRAs when it lacked underlying documentation. In XXXX, the FTC held that the FCRA barred a debt buyer from " verifying a tradeline disputed by a consumer when it didn't posses the original documents. FTC allegations was that upon receiving a CDV form from a CRA that the debt buyer ( s ) and furnisher ( s ) they can not use the PCM for verification does not constitute an " investigation '' for purpose of section 1681s-2 ( b13 ), when a consumer disputes the accuracy of information reported by debt buyer ( s ) or furnisher ( s ), they should either verify the information with the original documents bearing a signature within the time period set forth in the FCRA or take all necessary steps to deleted the information from the files of all consumer reporting agencies to which the information was reported within 5 business days after receiving the consumer dispute, notify all consumer reporting agencies to which the information has been provided that the information is to be deleted from the file of the consumer who has disputed the account. Consent Decree Order, Section II. Please delete this items from my report immediately.. These accounts have hurt my ability to obtain credit
Company Response:
State: NY
Zip: 13021
Submitted Via: Web
Date Sent: 2020-11-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A