Date Received: 2019-08-20
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I XXXX XXXX, have tried to settle my debt by explaining my permanent XXXX and XXXX XXXX challenges, I am extremely frustrated as a consumer, where I can't seem to find a solution to this adverse debt.I have had a surgery, which now has me on a XXXX XXXX. I want to comply with a solution to this matter, but financially I am strapped, keep in mind I am already at a very old age, where health improvements based on my XXXX XXXX are extremely low, slim to none.My XXXX was back this past XX/XX/2018 do to a XXXX, and I am going back for a XXXX XXXX really soon.I am now on XXXX XXXX so my only option if you cant help me is a bankruptcy chapter XXXX
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2019-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-20
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV Funding has reported a debt on my credit report without first providing a written notice of my right to dispute. According to federal collection law, that is not allowed.
Company Response:
State: NC
Zip: 27560
Submitted Via: Web
Date Sent: 2019-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-20
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: LVNV simply refuses to report my payments to have been made... I have paid in full through my payroll. (attachment showing with check numbers, and we have checked, all show cashed). Not only are they not reporting my payments but they have removed the collection of $XXXX (the original amounting showing owed) then added it back on as a new collection of $XXXX hitting me for 49 pts. Then removed it, not showed paid, just removed so I dont get any of the pts given back... then re-added the $XXXX as a new collection hitting me again for a large hit to pts. Then added a brand new collection for the exact same account but for $XXXX hitting me yet again for another massive pts hit. On one report I am actually showing LVNV collection on this same debt for all 3 amounts separately after they have removed it once and re-added it, then added 2 more in different amounts. I have tried and tried to not only get them to provide validation of debt which they have not done, but doesn't matter now anyway, that case was closed because they replied back, regardless the information provided to be fact or not. BUT, in the case of them refusing to show my balance paid off... it isnt being done. NOT REMOVED because its been paid, but actually showing paid. I deserve to get my pts back for the payments and not keep getting retaliated against by their shady ways and getting hit for over 100 pts now in the removal and adding of the same account and then not get anything rewarded back for making payments... which was under false pretenses in itself. They hired a 3rd party to send where they filed the writ of garnishment so we thought it was being issued legally and that is what we this from... come to find out the actual order of garnishment was never signed and never issued and we were not to have made any of these payments... of course now its too late, we have made them all in the total of $XXXX without any order of garnishment ever being signed. They have now filed for ANOTHER garnishment in the amount of $XXXX on the exact same account and NOT reporting that I have paid off this one. Thank goodness I we called XXXX County to find out if we had to pay any more than the writ of garnishment as they were telling us we had to and found out they had filed another writ for another amount AND that the one we had paid was never signed or ordered. This is NOT an honest company at all!!
Company Response:
State: AR
Zip: 728XX
Submitted Via: Web
Date Sent: 2019-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXX SOC SEC # XXXX DOB XXXX ADDRESS XXXX XXXX XXXX XXXX XXXX XXXX FL XXXXATTENTION DISPUTE DEPARTMENTTODAYS DATE: XX/XX/2019RESURGENT CAP SRVCS LP Reported: XX/XX/2019Your company have violated FCRA 615(f) (15 U.S.C. § 1681m (f))(f) Prohibition on sale or transfer of debt caused by identity theftYou 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 cannot 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) ApplicabilityThe 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 constructionNothing 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 RESURGENT CAP SRVCS LP Reported: XX/XX/2019I have report your company to consumerfinance.govAs a form of record and I am prepare to sue your company Example In re XXXX XXXX XXXX XXXX Telephone Consumer Protection Act Litigation, Case No. XXXX, in the U.S. District Court for the XXXX District of CaliforniaStop collection proceedings against me• Signatures on applications and accounts• Investigators reportXXXX, XXXX SOC SEC # XXXX DOB XXXX ADDRESS XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX
Company Response:
State: FL
Zip: 33436
Submitted Via: Web
Date Sent: 2019-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-20
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Ca XXXXLVNV Funding LLCC/O Resurgent Capital Services XXXX XXXX XXXXXXXX, SC XXXXXX/XX/2019Re: Acct 01 XXXX XXXX XXXX XXXX Dear: LVNV Funding LLC You are hereby notified under provisions of Public law 95-109 and 99-361, also known as the Fair Debt Collection Practice Act, that your services are no longer desired.Please remove me from you files and or computer systems.Cease & desist all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the State of California Attorney General’s Office. I will pursue all criminal and civil claims against you and your company.Let this letter also serve as your warning that I may utilize telephone recordings devices in order to document any telephone conversations that we may have in the future.Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to be by law.Best Regards.XXXX XXXX
Company Response:
State: CA
Zip: 94533
Submitted Via: Web
Date Sent: 2019-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-19
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I have gotten the response to the last complaint and have determined it does not resolve my complaint. LVNV is continuing to respond to previous disputes with a print out of a bill which they could have purchased from anywhere. There has been so many company data breaches around the world. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification I received a letter from the president of XXXX XXXX XXXX and they informed me that I am no longer liable for this account and that it will be cleared from my credit history. Therefore I no longer owe LVNV for this account as well since this credit card debt has been cleared from my history. Attached is the document sent from president of XXXX XXXX XXXX I am again formally requesting a copy of any documents, bearing my original and complete signature, showing that I have a legally binding contractual agreement obligation to pay you the alleged amount. Be aware that I am making a final goodwill attempt to have you clear up this matter. The collection item you are showing is inaccurate and incomplete and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a lawsuit should you continue in your non-compliance of federal laws under the Fair Debt Collection Practices Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compliance.Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my original complete signature may result in a small claims action against your company. I will be seeking a minimum of $1,000 in damages per violation for. -Defamation-Negligent Enablement of Identity Fraud-Violation of the Fair Debt Collection Practices Act (including but not limited to section 807-8-Violation of the Fair Credit Reporting Act (including but not limited to section 623-b) You will be required to appear in a court venue local to me, in order to formally defend yourself. Attached is a letter from the office of the President of XXXX XXXX XXXX showing that they deleted the history of the trade line with them. Which means I no longer owe this debt that you are inaccurately reporting.
Company Response:
State: IL
Zip: 60653
Submitted Via: Web
Date Sent: 2019-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-15
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Lvnv funding LLC is calling all hours repeatedly, and saying there from the social security office
Company Response:
State: CO
Zip: 80022
Submitted Via: Web
Date Sent: 2019-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I purchased a bed from XXXX XXXX one year ago and gave all my information to sales person. Later I found out she had put XXXX XXXX as city and not XXXX XXXX XXXX, which caused this whole issue. I was never notified that XXXX XXXX financed the purchase from XXXX XXXX since the address information was transferred was incorrect. I have attached the letter I sent to XXXX XXXX, and when I called to asked for status on this, they informed me that is was now with another lender. I have also disputed with XXXX, but they have advised to contact Consumer Finance and not sure where to go next, but this has ruined my perfect credit.
Company Response:
State: IA
Zip: 50265
Submitted Via: Web
Date Sent: 2019-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XX/XX/2018 I had all 3 credit bearus investigate LVNV Funding it was determined that the debt was not mines and deleted from my credit report on XX/XX/2018 I was notified of the same collection being placed back on my credit by LVNV Funding.
Company Response:
State: GA
Zip: 30039
Submitted Via: Web
Date Sent: 2019-08-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-14
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: In a letter dated XX/XX/2019 addressed to LVNV Funding LLC and sent to all three ( 3 ) Credit Bureaus, the following document was attached as Proof of Claim in connection with the following accounts : XXXX, XXXX. In the responses from LVNV Funding LLC a summary of the accounts were sent and in the previous complaint to the CFPB ( Case # XXXX ) the document included the account and activities from the previous owner of the accounts but no documentation was included addressing the specific claim of LVNV Funding LLC 's rights to collect this debt. In the letter in response to CFPB, LVNV simply claim that " With the purchase of these accounts LVNV acquired all ownership rights, including the right to collect on these accounts and to report to the consumer reporting agencies ( known as " credit bureaus '' ), IF ELIGIBLE. '' The mere act of purchasing these accounts does not make LVNV ELIGIBLE to collect on these accounts. None of the following conditions have been satisfied : 1. LVNV MUST furnish a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector. 2. LVNV MUST furnish a copy of the original promissory note/agreement redacting my social security number to prevent identify theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. 3. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. 4. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 5. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 6. Verify 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 without impunity. 7. Verify you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable. 8. Provide verification from the stated creditor that you are authorized to act for them. 9. 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 a violation of United States Code TITLE 18 PART 1 CHAPTER 63 Sec. 1341.
Company Response:
State: DC
Zip: 20016
Submitted Via: Web
Date Sent: 2019-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A