Date Received: 2019-11-08
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am a victim of identity theft and this debt does not belong to me. Please see the identity theft report and legal affidavit attached.
Company Response:
State: SC
Zip: 29209
Submitted Via: Web
Date Sent: 2019-11-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-07
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Received initial contact by mail XX/XX/2019 from Resurgent Capital Services, L.P. Mailed a Cease and Desist letter XX/XX/2019. Received second contact by mail XX/XX/2019. Mailed a second Cease and Desist letter XX/XX/2019 with tracking/delivery/signature information for the original Cease and Desist letter from XX/XX/2019 demonstrating that they received the previous Cease and Desist letter and to once again, cease and desist all communications with me. Received third correspondence by mail XX/XX/2019. Will be mailing another Cease and Desist letter informing them of their violation of ignoring my previous Cease and Desist letters and include the tracking info for both prior letters.
Company Response:
State: CA
Zip: 93561
Submitted Via: Web
Date Sent: 2019-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-07
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: In the spring of 2018, i had a XXXX balance with XXXX, i had paid off the entire bill, when i received a check from XXXX in the amount of abour {$130.00}, i then called XXXX XXXX customer service and inquired about the reason for the check and should i cash it, they assured me that i had overpaid and hat i had received the check because my account had a credit balance. I cashed the check and the next month i received a bill for the amount that the check had been plus interests and finance charges, i called and was told i should not have cashed the check, that a mistake had been made, i tried to reason with hem and reported that i had called before cashing the check with no results. The amount now has gone up to about {$370.00} because of interest and finance charges. This was not because of a purchase i made but all stemmed from a check that they erroneously sent to me. From a {$130.00} check they sent to me to now to {$370.00}. It has now been put on my credit report, lowering my credit score so that i can not qualify for any loans or anything. The XXXX account # wasXXXX XXXX XXXX XXXX financed through XXXX XXXX. The account was turned over to LVNV Financial, LLC C/O Resurgent Capital Services XXXX XXXX XXXX, SC XXXX, Phone # XXXX for collections and this is on my credit report. This all originated from XXXX XXXX/XXXX XXXX XXXX XXXX, FL XXXX.
Company Response:
State: GA
Zip: 30114
Submitted Via: Web
Date Sent: 2019-11-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am a victim of identity theft and this debt does not belong to me. Please see the identity theft report and legal affidavit attached.
Company Response:
State: SC
Zip: 29209
Submitted Via: Web
Date Sent: 2019-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-05
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: A loan account with XXXX is reported as sold to Cach LLC aka Resurgent Capital Services, a separate complaint was made against Resurgent. The terms of XXXX loan were not disclosed at time of approval, terms such as interest rate which is in question as it does not appear XXXX took into account credit score when calculating rate. Numerous negative reviews on consumer review sites such as XXXX reveal XXXX charges the same high interest rate to everyone whom is approved, regardless of credit score. This high rate was not disclosed and XXXX has not shown any proof to date that it was, payments ceased in 2015 after I learned of rate. A credit report shows the loan as sold to Cach LLC, the parent company by the name of Resurgent replied to complaint which I copied below, their rep states record does not show any account with Cach LLC. There appears to be an error here which needs to be corrected, if not, remove account from credit file. Resurgent response : We are unable to locate a CACH account for XXXX XXXX. Please provide a copy of the original complaint, as well as any information ( account number or social security number ) that would help us to locate the account and address your concerns.
Company Response:
State: CT
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-11-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-03
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I noticed an account placed on my credit by this company and took the initiative to call and asked for validation of the debt in order to resolve and reconcile the account in question. I recall speaking to a female representative who informed me I would receive an Itemized bill to breakdown the charges as well as services render. I provided both my email and mailing address and have yet to receive document to date. Around that same timeframe the company did remove the account from my credit in which I thought was to have me validate and confirm charges with the requested documentation, NOPE! ( Because I never got it ). Ironically they placed it right back which affected my score immensely. How do you want me to pay a debt but refuse to send me documents? its been more than 6 months since I requested this! Not ethical or logical! Furthermore, if they are refusing to validate the debt it is not fair practice to keep placing this on my credit and then later decide to remove it just to place it back.! Collecting on a debt but refusing to send proper validation! Unbelievable!
Company Response:
State: TX
Zip: 75149
Submitted Via: Web
Date Sent: 2019-11-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding is trying to collect a debt for me that I do not all they are using a company named Resurgent Capital to do so. I have contacted them by mail letting them know that this date is not mine I have been a victim of identity theft on multiple occasions and I have forwarded them my Federal Trade Commissions report. They are reporting the debt on my consumer report which is affecting my creditworthiness and livelihood. I have done everything in my power to prove to them that I did not initiate any debt but they will not stop at trying to collect at this point I dont know what to do. LVNV Funding XXXX XXXX XXXX XXXX XXXX XXXX XXXX South Carolina XXXX or XXXX XXXX XXXX XXXX # XXXX XXXX South Carolina XXXX
Company Response:
State: MN
Zip: 554XX
Submitted Via: Web
Date Sent: 2019-11-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-02
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/2019 I sent LVNV Funding a letter letting them know that the information that was requested of them was invalid and that they needed to stop reporting negative information to my credit reports and the accounts should be closed and removed from my credit reports. LVNV Funding did not provide the proper proof for the accounts. They only sent me a print out of a bill, which is not valid proof of verification according to FTC opinion letter from Attorney XXXX XXXX XXXX. I sent this information to LVNV Funding and they continue to report negative information to my report and did not respond to my letter with the proper information, which is a continued violation of FCRA. Their reporting is a violation and continues to prevent me from moving forward with my life and preventing me from providing a better life for my family. Than you in advance for all of your help.
Company Response:
State: FL
Zip: 34990
Submitted Via: Web
Date Sent: 2019-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Lvnv is trying to collect for something I do not owe. I have asked for proof with my signature and they do not respond. This is a total scam.
Company Response:
State: FL
Zip: 33907
Submitted Via: Web
Date Sent: 2019-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-30
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: This company ( LVNV Funding LLC ) which I hold No Contract with nor have received services from is a 3rd party agency who has no right to collect anything from the alleged debtor since there is no way they can prove they were on any original contract. 73 Amjur, 2nd, Section 90. You have no right to subrogate ( substitute ) yourself into a contract. Whether it be by purchase, assignment, transfer, or trade. If you bought the debt you did it on your own behalf. Not at the request of any alleged debtor, and therefore are a stranger to the transaction ( voluntary payee ). Reporting of this debt is a violation of the FCRA and the FDCPA.
Ive conducted some research on this company and in the state of Missouri this company is not Licensed, Bonded, and does not have a Certificate of Authority to collect in the state of Missouri. This is against the state and federal laws. According to the FDCPA : Under the Act, a debt collector communicating with persons other than the consumer for the purpose of acquiring location information about the consumer shall not : use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; 28. The Missouri Department of Financial Institutions is statutorily charged with the licensing, supervision and regulation of state-chartered financial institutions and enterprises.
They are in Breach of Contract by violating the Arbitration Clause. Once a company charges off the account and sends it to a collection company they are in breach of their own contract. This is against the FCRA.
Rescission of Contract '' Refused for a cause without dishonur. I hereby rescind my signature and do not consent to this contract with your corporate office.
Required Proof of Claim I would be happy to settle any financial obligation I might lawfully have to you, as soon as I have received proof by way of the following Documentation : against me, a Flesh and Blood Woman with my XXXX Given name XXXX XXXX XXXX : house of XXXX XXXX.
1. Validation of the debt ( i.e. the actual accounting showing
Company Response:
State: MO
Zip: 63146
Submitted Via: Web
Date Sent: 2019-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A