Date Received: 2019-12-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Hi I have been on a mission to help women in Danger from XXXX in XXXX XXXX, from XXXX to XXXX. My mission ends XXXX I do not owe a debt to LVNV Funding LLC/ XXXX XXXX XXXX. I have credit alerts and not one account should be open without a phone call or some kind of permission or alert. I did not sign a contract or give any ID I did not go into any agreement for a credit card or any account with this company. I did not Authorize anything. as I am living out the country. Please remove this again for the 2nd time.
Company Response:
State: IL
Zip: 60626
Submitted Via: Web
Date Sent: 2019-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This complaint is against LVNV Funding for continuing to report a negative account in the amount of {$910.00}. This account is causing serious damage to my credit score. Please note that I have repeatedly asked for evidence to support your reporting, but yet again, you have failed to provide me with a copy of any viable evidence. Furthermore, I have requested your method of verification, and you have not complied, which is an additional violation of the Fair Credit Reporting Act 611 ( a ) ( 7 ). I am asking for this account to be removed from my credit files.
Company Response:
State: NC
Zip: 28025
Submitted Via: Web
Date Sent: 2019-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Reference is made to a letter dated XX/XX/2019 from LVNV Funding AKA ReSurgent Capital Services to you. According to the last paragraph of the letter upon receipt of full payment of the accounts the status of the accounts will be changed to Settled in Full and a request to update the account will be submitted all Credit Bureaus indicating this Account is Paid in Full for Less than the Full Balance. In addition, pursuant to your letter to the Consumer Financial Protection Bureau you agreed to remove these accounts from Collection Status upon satisfaction of the agreed settlement agreements. These accounts have been settled and you or your third-party agents have received payments in full. I can provide necessary documents if required. LVNV has yet to respond to my fax/letter attached below.
Company Response:
State: OH
Zip: 44039
Submitted Via: Web
Date Sent: 2019-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-27
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I found out that someone had opened a store credit card in my name only when I ran my credit report and it came up that I was in collection by a company called 'Resurgent/LVNV Funding. Apparently someone got a store card from this store called 'XXXX ' and charged {$51.00} in XX/XX/XXXX. The bills were going to my house in XXXX, which is vacant. I live in XXXX. I never got any bills from XXXX, I called them and they admitted that the bills were coming back 'undeliverable '. Yes - I have no mailbox there. So they sold the debt which went from {$51.00} XX/XX/XXXX to {$320.00} in XX/XX/XXXX ( late fees, etc. I suppose ). So I found this out in early XXXX and filed a dispute with XXXX. I also contacted XXXX, which I am a member. I got no where. I contacted Resurgent on XX/XX/XXXX and they sent me an affidavit, which I promptly signed/notarized and sent back. I followed up on XX/XX/XXXX and again XX/XX/XXXX and spoke to the same person, 'XXXX XXXX and she is still telling me that it is in 'Review '. They tanked my credit score from XXXX down to as low as XXXX at points. I could not get any other credit cards this summer. How can this be?
Company Response:
State: NY
Zip: 10025
Submitted Via: Web
Date Sent: 2019-12-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: An account with XXXX XXXX XXXX was opened without my permission. I have contacted them numerous times to no avail. They sent me a letter stating that they sent the card to an address that I never lived at nor have I ever been affiliated with. This is unacceptable. Sending me proof that it was sent to a bad address does not prove anything ; it shows that this was clearly fraudulent. Please remove this account from my credit report ASAP.
Company Response:
State: MO
Zip: 641XX
Submitted Via: Web
Date Sent: 2019-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: An account under the name of XXXX XXXX XXXX was opened in my name and is listed on my credit file. It states it was opened on XX/XX/XXXX. I do not have any knowledge of this account. The account was charged off and sold/transfered to LVNV FUNDING LLC. on XX/XX/XXXX. I did not know of this account until Spring of XXXX when I began looking into my credit report due to our credit being checked by potential landlords. On XX/XX/XXXX I filed a dispute with XXXX regarding the account. XXXX stated their result as follows, " Verified As Accurate And Updated - It looks like this item is actually correct and that it's going to stay on your credit report, but info has been updated to reflect recent activity. '' I'm unsure of why this account is still on my credit file and I am not allowed access to any other information regarding the dispute or how they came to this result.
Company Response:
State: CT
Zip: 064XX
Submitted Via: Web
Date Sent: 2019-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-26
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: Resurgent Capital Services Mr. XXXX XXXX, XXXX, Chief Executive Officer XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX Re : Your letter dated XXXX, your file XXXX account # XXXX To : Mr. XXXX XXXX, XXXX, Chief Executive Officer This is a DEMAND for the {$20000.00} consultant fee authorized by your customer service department ( XXXX ) dated XXXX and XXXX XXXX. A printout is not a verified claim or debt. The terms of the contract are VERY CLEAR. Please make payment of {$10000.00} by US Funds no later than XX/XX/XXXX to : XXXX XXXX XXXX XXXX XXXX XXXX, Fl ( XXXX ) After XX/XX/XXXX Amount due is {$22000.00} plus recovery fees incurred. NOTICE : you have possession of private copywrite material that must not be shared and must be destroyed immediately, failure to destroy such will result in additional damages. Original Consultant Contractual agreement will continue as accepted in offer dated XXXX and acceptance XXXX. IMPORTANT REMINDER, EACH COMMUNICATION USING MY PERSONAL INFORMATION BY YOURSELF OR YOUR COMPANY TO 3RD PARTYS IS SUBJECT TO MY {$10000.00} FEE, INCLUDING THE SALE OF SUCH INFORMATION. COPY OF CONTRACT TERMS BELOW This is a request for verification as this alleged debt is in dispute. I am not refusing to pay a debt which I lawfully owe, but I need verification of the debt before we can proceed. Please answer the following questions relating to the disputed account and return them to me within thirty ( 10 ) days, with your Affidavit which validates the answers. If you need more time, or if you need any question restated, please make your request to me in writing. This letter is your notice under the authority of The Fair Debt Collections Practices Act that contacting me again regarding the above referenced alleged debt, after the verifiable receipt of this notice without providing procedurally proper validation of the debt, establishes that you, Mr. XXXX XXXX, XXXX, Chief Executive Officer have used interstate communications in a scheme of fraud by using threat, intimidation, deception, and enticement to coerce a person to commit some act creating a legal disability where none exists. However, I am willing to communicate with you as a consultant for a fee of {$10000.00} per letter, and {$10000.00} per phone call, so if you write or call again, absent the proof required below, it will comprise your contractual agreement to pay my consultation fees. 1. Please state the name, occupation and mailing address of the person answering the following questions. 2. Please furnish a copy of the contract which your company has with me in regard to this alleged debt. 3. Please identify what you loaned to me. Did you loan me cash, credit, or a debt instrument? 4. Please produce the account and general ledger statement showing the full account of the alleged obligation that you are now attempting to collect, verified ( sworn true, correct and complete ) by the party who made the entries. 5. Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 6. Please verify under penalty of perjury that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original creditor. 7. Please obtain verification from the original creditor, under penalty of perjury, that the creditor did not receive reimbursement from its insurance company in an amount exceeding the amount of the alleged debt, as is the customary policy of lenders ; or in the case of an alleged criminal judgment, verify via the courts fiscal office that the court was not reimbursed by an income stream resulting from the sale of bonds in the defendants name, as is the standard practice of courts. 8. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause with impunity. 9. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable. 10. Please provide verification from the original creditor that you are authorized to act for them. 11. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing which you know is false with the intention that others rely on the written communication to their detriment. 12. Please verify that you know and understand that contacting me through a 3rd party credit reporting agency by reporting and using any identification of me constitutes a communication and is subject to my consultant fee of {$10000.00} per communication. 13. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes acceptance of my contract terms to pay me consulting fees of {$10000.00} per letter and {$10000.00} per phone call including 3rd party communications. Note : A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.1 ( 1986 ). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 ( 3Dist. 1987 ). cc : Consumer Response Center Federal Trade Commission XXXX, D.C. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, President ET AL XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX Re : Your letter dated XXXX, your file # XXXX To : XXXX XXXX, President ET AL This is a DEMAND for the {$10000.00} consultant fee authorized by your affiliated company Resurgent Capital Services division dated XXXX Please make payment by US Funds by XX/XX/XXXX to : XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX After XX/XX/XXXX Amount due is {$11000.00} plus recovery fees incurred by me. Original Consultant Contractual agreement will continue as accepted in offer dated XXXX and acceptance XXXX. IMPORTANT REMINDER, EACH COMMUNICATION USING MY PERSONAL INFORMATION BY YOURSELF OR YOUR COMPANY TO 3RD PARTYS IS SUBJECT TO MY {$10000.00} FEE, INCLUDING THE SALE OF SUCH INFORMATION. COPY OF CONTRACT TERMS BELOW However, I am willing to communicate with you as a consultant for a fee of {$10000.00} per letter, and {$10000.00} per phone call, so if you write or call again, absent the proof required below, it will comprise your contractual agreement to pay my consultation fees. 1. Please state the name, occupation and mailing address of the person answering the following questions. 2. Please furnish a copy of the contract which your company has with me in regard to this alleged debt. 3. Please identify what you loaned to me. Did you loan me cash, credit, or a debt instrument? 4. Please produce the account and general ledger statement showing the full account of the alleged obligation that you are now attempting to collect, verified ( sworn true, correct and complete ) by the party who made the entries. 5. Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 6. Please verify under penalty of perjury that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original creditor. 7. Please obtain verification from the original creditor, under penalty of perjury, that the creditor did not receive reimbursement from its insurance company in an amount exceeding the amount of the alleged debt, as is the customary policy of lenders ; or in the case of an alleged criminal judgment, verify via the courts fiscal office that the court was not reimbursed by an income stream resulting from the sale of bonds in the defendants name, as is the standard practice of courts. 8. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause with impunity. 9. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable. 10. Please provide verification from the original creditor that you are authorized to act for them. 11. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing which you know is false with the intention that others rely on the written communication to their detriment. 12. Please verify that you know and understand that contacting me through a 3rd party credit reporting agency by reporting and using any identification of me constitutes a communication and is subject to my consultant fee of {$10000.00} per communication. 13. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes acceptance of my contract terms to pay me consulting fees of {$10000.00} per letter and {$10000.00} per phone call including 3rd party communications. Note : A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. XXXX XXXX F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.1 ( 1986 ). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 ( 3Dist. 1987 ). cc : Consumer Response Center Federal Trade Commission Washington, XXXX XXXX
Company Response:
State: FL
Zip: 32819
Submitted Via: Web
Date Sent: 2020-01-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-23
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Last month I disputed this debt in order to verify it with LVNV funding, they not only failed to comply with my request for documentation, they also have threatened and intimated me into paying this debt on multiple occasions!
Company Response:
State: PA
Zip: 17602
Submitted Via: Web
Date Sent: 2019-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-23
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I paid off the collection account for LVNV Funding in XXXX of 2019. After calling and emailing several times i was finally sent a clearance letter from XXXX XXXX XXXX whom did the collecting dated XX/XX/2019. When checking my credit report in XXXX and XXXX of this year they have the account showing open, XXXX balance and 120 days late.
Company Response:
State: MO
Zip: 655XX
Submitted Via: Web
Date Sent: 2019-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-23
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Date of first delinquency is incorrect, balance is incorrect payment history is incorrect. NEVER had a contract or any agreement with this company.
Company Response:
State: WA
Zip: 98520
Submitted Via: Web
Date Sent: 2019-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A