Date Received: 2020-07-06
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I contacted LVNV FUNDING LLC regarding an account from a XXXX XXXX account that's the original creditor to resolve. They advised me that they no longer have my loan it was sent to other agency. I asked why are they the company still reporting to my credit if account no longer in their office couldn't get an answer. I ask that if they no longer have my account please remove them from reporting to my credit. Thank you!
Company Response:
State: AZ
Zip: 85015
Submitted Via: Web
Date Sent: 2020-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-05
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I CONTACTED RESURGENT ABOUT THIS ACCOUNT LVNV FUNDING ACC # XXXX THEY ARE REPORTING ON MY CREDIT REPORT. WHICH THE REP STATED THEY MANAGED. WHILE I RESARCHED AND COME TO FIND OUT RESURGENT DO NOT MANAGE OR OWNED THIS ACCOUNT THEY REPORTING .THE COMPANY THAT OWN S THE ACCOUNT STA TES THAT THERE NOT AFFLIFIATED WITH THEM.
Company Response:
State: TX
Zip: 76112
Submitted Via: Web
Date Sent: 2020-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-04
Issue: Problem when making payments
Subissue: You never received your bill or did not know a payment was due
Consumer Complaint: I was shocked when I reviewed my credit report and found 120 days late payment. I am not sure how this happened, I believe that I had made my payments to you when I received my statements. My only thought is that my monthly statement did not get to me.
Company Response:
State: GA
Zip: 30909
Submitted Via: Web
Date Sent: 2020-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX, XXXX SOC SEC # XXXX DOB XX/XX/1988 ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX TODAYS DATE:XX/XX/XXXXLVNV FUNDING LLC XXXX Your company have violated FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. . I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious LVNV FUNDING LLC XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In XXXX XXXX XXXX XXXX, XXXX Telephone Consumer Protection Act Litigation, Case No. XXXX, in the U.S. District Court for the XXXX XXXX XXXX California Stop collection proceedings against me Signatures on applications and accounts Investigators report XXXX, XXXX SOC SEC # XXXX DOB XX/XX/1988 ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX
Company Response:
State: FL
Zip: 33430
Submitted Via: Web
Date Sent: 2020-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I spoke with a customer service rep at Living Funding, I explain to him that I do not have an account with them. He was requesting personal information in which, I refused to provide due to identity theft. I am requesting proof of me taking an account out with them. Along with them to stop reporting inaccurate information and the removal of the debt from my credit report.
Company Response:
State: SC
Zip: 29488
Submitted Via: Web
Date Sent: 2020-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I got a letter in the mail from " XXXX XXXX XXXX '' company that they are trying to collect debt for " LVNV Funding LLC ''. This company bought what they claimed to be " my debt '' from " XXXX XXXX XXXX ''. In XX/XX/2018 I filled an ID theft report because the latter bank and " XXXX/XXXX '' issued credits within one week on my behalf and the cards were maxed out. I discovered that there are two accounts under my name accidentally as I noticed my credit score was dropping. Both accounts were opened in XXXX, while at that time I didn't even live in NY. Unfortunately, I don't check my credit report often so missed these fraudulent accounts for months. I issued ID theft report, put a fraud alert on my account, and contacted XXXX and XXXX. After few months these fraudulent debts were dropped from my report. Few months ago I noticed that there is a debt collector who bought the debt from " XXXX XXXX XXXX '', trying to collect ( {$800.00} ) and again it showed on my report. I don't know how these banks opened these accounts on my behalf without verifying my identity. I'm sure that the purchases can be traced to show that this was an ID theft crime and these banks are contributing to the fraud by being reckless.
Company Response:
State: VA
Zip: 23060
Submitted Via: Web
Date Sent: 2020-07-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-03
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: LVNV Funding is a debt collector. In XX/XX/2020 reported a debt on my credit report, the delinquency appeared on all three credit reports. I learned that LVNV funding was attempted to collect a debt on behalf of XXXX XXXX XXXX for a credit card account that was closed by the grantor as the result of fraud -- that is, the account was opened by a person who used my identifying information without my knowledge or consent. Because the account was fraudulently opened and did not belong to me, LVNV funding can not maintain I am responsible for this account. I requested this removal and they refuse to send me the paperwork to dispute this account.
Company Response:
State: DC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-02
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: Dear CFPB, I understand that this is another complaint to add to the hundreds of thousands complaints already in your office. I am sure, just like in our situation, millions of Americans were hit hard by the recession and the complaints piled up year after year. Ten years later, when maybe, just maybe, people have started to rebuild and get a little ahead, like in our situation, we have another unprecedented economic downturn. Yet, the secondary debt collector market is stronger than ever and as a consumer I am requesting that they are held accountable. I am hoping you will provide me with some ray of hope that consumers will be provided more protections from these unscrupulous businesses. " The Federal Trade Commission ( FTC ) now receives more consumer complaints about debt collectors than about any other single industry. The agency received 897,655 complaints about debt collection in XX/XX/XXXX, more than triple the number of complaints it received the previous year. The Consumer Financial Protection Bureau ( CFPB ) received 88,000 debt collection complaints in XX/XX/XXXX. In a national survey of consumer experiences with debt collectors, the CFPB found that one in four consumers contacted by debt collectors felt threatened. '' The company we are dealing with is CACH LLC., a vulturous, predatory and litigious company. Our Story : In XX/XX/XXXX, we purchased an air conditioner from XXXX XXXX XXXX using credit from XXXX XXXX XXXX, changed to XXXX XXXX XXXX XXXX in XX/XX/XXXXand now, XXXX XXXX.. The retail establishment was made whole by XXXX XXXX XXXX. In XXXX, due to the economic downturn, our lives drastically changed ; losing our jobs and all of our savings, retirement and education funds for our three children, two of whom were in college at this time. After several attempts to receive a modified payment plan with XXXX, which by their agreement they offered, were all ignored. They then charged off the account, before requiring immediate payment of the entire account, received a tax loss and probably collected bad debt insurance. Then sold to CACH LLC in XX/XX/XXXX, for pennies on the dollar, ~ {$700.00}. CACH LLC hires the XXXX XXXX XXXX XXXX XXXX, states that the amount owed is {$9200.00} with an interest rate of 26.99 % plus fees. Certainly a large profit margin for CACH LLC. At this time, being sued by a secondary market debt collector was unchartered territory to us. We were in the midst of rebuilding our lives, receiving unemployment, applying for jobs and starting a small business simultaneously. We depended on assistance from family and friends to keep our home and pay our bills. Not understanding the magnitude of this judgment, several attempts were made to offer a modified payment plan with the XXXX XXXX XXXX XXXX XXXX, also nonresponsive. " Some debtors fail to show up in court because they can not get time off from work or secure child care. Some are confused by notices, even having received several in the mail. Many are unaware of the consequences of missing the court date. In cases brought by companies that have purchased the debt from the original creditor, the plaintiffs name on the summons will be unfamiliar to the debtor, creating more confusion. According to consumer rights advocates, some debt collectors repeatedly request trial continuances, postponing the case whenever the debtor shows up in court and then moving for default judgment the one time the debtor fails to appear. Even when aware of the suit, debtors almost never have lawyers and dont know how to defend themselves in a legal proceeding. There is no constitutional right to an attorney in collection actions and civil contempt actions, and most debtors can not afford to hire one. As a result, debtors are represented by lawyers in fewer than 2 percent of collection cases. '' Next we hear from XXXX XXXX XXXX, who renewed the Default Judgment, XX/XX/XXXX, and, by a newly updated statute, they are able to extend the judgment for an additional five years, beyond the statute of limitations ( six years in Arizona ), which seems contradictory and unlawful. The amount is now {$15000.00} with fees and interest. In addition, there is a lien filed with the Recorder 's Office against our home, which also seems unlawful based on Homestead laws, more contradictions and less protection for the consumer. " The default judgments are routinely padded with interest charges and attorneys fees, so the amounts end up being far more than the original debt. Once a debt collector gets a court judgment, it gains the power to garnish wages, seize property, clean out bank accounts, or put a lien on a home. '' On XX/XX/XXXX, we received a letter from XXXX XXXX XXXX XXXX stating that they are the attorneys representing CACH LLC. This would be the third law firm in regards to this case. We were not familiar with this new firm, as we had not received any communication regarding Substitution Of Counsel. Upon receipt of this letter, we decided to look closer at the entire case and learned the following : CACH LLC, the original secondary market creditor and according to findings, due to their bankruptcy with their parent company, XXXX XXXX, in XX/XX/XXXX, much of their portfolio was sold to Resurgent Capital Services ( Sherman Financial Group, LLC ), Resurgent is currently claiming they only service the debt. This leads to consulting with attorneys to see how to respond at this point in time. The advice was they would be happy to negotiate it on our behalf at 60-70 % of the amount claimed plus their fee, $ XXXX {$1500.00}. So, {$10.00}, XXXX plus their fee to pay to CACH LLC or Resurgent and now XXXX XXXX XXXX XXXX. for a debt, passed the statute of limitations that they paid ~ $ XXXX+ eight years ago. This negotiated amount is still obscene and is not affordable to us. Not happy with the advice, we decided to return to the beginning and went to the original court, XXXX XXXX XXXX, XXXX, AZ and obtained a copy of the filing by the XXXX XXXX XXXX XXXX XXXX. Upon reading the documents, researching and learning the complexities of the secondary debt collector market, we decided to File the Motion To Set Aside/Vacate, Pro XXXX, as we do not have the funds to pay an attorney, the judgment based on the unlawful and inaccurate information filed with the court. Unfortunately our motion was denied, which seems par for the course. It seems, according to my research : " The Debt Collection Industry is a multi-billion dollar racket run throughout the country. Just as a photocopy of a {$100.00} bill is evidence of a {$100.00} bill, it is not the actual Federal Reserve note ; its a copy that doesn't spend. Yet, debt collectors are collecting billions on photocopies of debt. That is, evidence of debt, not the debt. The evidence of debt is being sold for and purchased for pennies on the dollar, while debt collectors/attorneys are collecting on the full face value plus penalties and attorney fees. '' " The Courts have been rubber-stamping these transactions for so long that it has now become custom to rubber stamp. A custom that is at its best, difficult to overcome. The Courts don't like having to actually consider the facts and evidence, it is so much easier to hand out your money than for them to behave according to their own rules of procedure and evidence. The Courts want you to prove a negative that you dont owe. While refusing to require the Plaintiff to prove the charges he has brought against you. '' " According to the Federal Trade Commission ( FTC ), the majority of cases on many state court dockets on any given day are often debt collection cases. In many states, companies that bought debts from original creditors file more civil lawsuits than any other type of plaintiff. When judges automatically award default judgments without scrutinizing the merits of debt collectors claims, these judgments may be for the wrong amount, for debts that are not subject to collection, or against the wrong defendant. The FTC found that the information received by debt collectors is often inadequate and results in attempts to collect from the wrong consumer or to collect the wrong amount. '' " Once a lawsuit is filed, the process is stacked against the defendant, whether the amount is owed or not. Debt proceedings are plagued by substantial due process deficiencies, including failure to serve the defendant with adequate and legal notice of the suit, lack of evidence of the underlying debt, and falsified or improper affidavits such as robo-signed affidavits. Beyond that, debt collectors benefit from expedited judicial process in small-claims courts, which provide limited due process protections to debtors. '' " Courts overburdened with cases churn through these collection lawsuits with astonishing speed and minimal scrutiny. The vast majority of theman estimated 90 percentconclude in a default judgment against the defendants, in which the debt collector automatically wins because the defendant did not contest the case. Most did not appear in court to defend themselves or respond to the litigation at all. '' From our extensive research and findings, CACH LLC does not have legal proof of debt, they do, however, have a default judgment against us, which means, in the end, we will have to negotiate with this unscrupulous company. And will have to borrow funds to pay. Please see attached copy of the Assignment of Sale a document, which we believe was falsified : XXXX XXXX XXXX XXXX, XX/XX/XXXX, was headquartered in Connecticut. Cach, LLC., aka XXXX XXXX XXXX, was headquartered in Colorado XXXX The Affidavit of Sale was notarized in Minnesota. The Affidavit of Sale states under the laws of the state of California The Default Judgment was obtained in Arizona The attorney on file, XXXX XXXX XXXX, is licensed in Arizona, not Minnesota Affiant, XXXX XXXX, left Connecticut to fly to Minnesota to sign as Collections Operations Representative of XXXX XXXX XXXX XXXX? The time has come to make changes and give consumers weapons to fight back these parasites of the American economy. Thank you for taking the time to understand our circumstances and take action to make the secondary debt collection industry illegal. Sincerely, /s/ XXXX XXXX /XXXX/ XXXX XXXX
Company Response:
State: AZ
Zip: 850XX
Submitted Via: Web
Date Sent: 2020-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: LVNV funding is false account. I spoke to XXXX when it was with them. they said they address was in the state of Washington.. I notified them i have never even visited that state. XXXX took it off look at my credit report. then 3 yrs later LVNV bought the account is what the LVNV rep i last spoke to said. I told her same story and i have never been to that state. She said it is here in Michigan. i asked for for what address was it billed to? she told me the address.. and billed from XX/XX/XXXX - XXXX XXXX. I said how can that be i did not live at that address. I moved out of XXXX XXXX XXXX XXXX.. I told the rep at LVNV funding this over 2 months ago, sent me papers to fill out and send back so they can do an eternal check. it did not sound sincere. since the bought the account and just changed addresses anyway. The fact i was not even living at this address when they claim i had service : should prove that this is fraudulent report against me. and has lowered my account at least 60 point since they posted it over 3 years ago. please help me clean up this issue. it is not the only one i have had and disputing. My cousin just reminded me he put they XXXX in his name when we renewed the apartment lease. so it can not be mine. Check with XXXX XXXX when i Left that apt XX/XX/XXXX. XXXX XXXX of XXXX - XXXX Thank you for your time and patience, XXXX XXXX They have another account for me going back to XXXX XXXX XXXX / the LVNV Rep asked me if i wanted to settle this acct today. i am furious.. this is not a joke.. i have never had a XXXX XXXX or any c-card for XXXX not mine again XXXX account. I have have had my identity stolen. check with Unemployment someone collected it for 2 plus years. they will not answer now for anyone.. maybe you? this was back in XXXX
Company Response:
State: MI
Zip: 48195
Submitted Via: Web
Date Sent: 2020-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-02
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: LVNV Funding-XXXX is reporting a balance on my account and is continuing to update. I have paid this account and it should no longer be showing that I have a balance. It is negatively affecting my credit and it shouldn't be.
Company Response:
State: UT
Zip: 84121
Submitted Via: Web
Date Sent: 2020-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A