Date Received: 2019-08-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Dates : Every 30 days, every month Amounts : $ XXXX- {$1200.00} Collections agencies are reporting accounts as " late payments '' on a monthly basis in violation of FRCA 611 ( a ). I have attempted to file disputes with the bureaus but the response is that the accounts are in compliance with FCRA and i'm not sure what that means.
Company Response:
State: CA
Zip: 90731
Submitted Via: Web
Date Sent: 2019-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-04
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I need the help of the Consumer Financial Protection Bureau, as XXXX XXXX, XXXX still has my personal information, trying to collect a debt that can no longer be enforced or for that matter reported on credit. This abusive collection letter states that by the standard established through the Office of Attorney General in the Commonwealth of Massachusetts, mandates that the collection can no longer be enforced. I request that the Federal Trade Commission step up and sanction this collection agency, that is trying to collect on a debt supposedly taken over by a debt buyer known as CACH LLC. Both of these companies are owned by the same holding company, and thus both companies are committing abusive collection practices. I demand the purge of all of my personal information with XXXX XXXX, XXXX and CACH LLC permanently. CEASE AND DESIST AND PURGE FILE!!!
Company Response:
State: MA
Zip: 01104
Submitted Via: Web
Date Sent: 2019-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: my credit card was compromised with XXXX XXXX and XXXX XXXX sold the account to resurgent. XXXX XXXX refuse to validate account but did remove their trade line from. with the 3 credit bureaus XXXX debited the credit card onXXXX and on XX/XX/2015 which is un authorized charges. I had credit protect on this credit card account and credit monitoring. I contacted resurgent with letters showing that I did not authorize these charges. I went into the purchase page for XXXX and to see that there was no debit from them on XX/XX/2015 but a purchase debit for XX/XX/2015. but 2 debits appeared on the account I am disputing with resurgent who now reports to the credit bureau. I did not authorize these charges
Company Response:
State: FL
Zip: 32547
Submitted Via: Web
Date Sent: 2019-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-01
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This company Resurgent Capital Services which i have NO CONTRACT with is Reporting on my credit reports fraudulently. * Were you named on the original contract with the original creditor? * If not, do you have a contract between your company and me, signed by both parties? * If not, produce the document authorizing the release of my information from the original creditor to you ( Power of Attorney ), signed by me. It is against the law for a creditor to share your information to any party other than the account holder without their authorization. Giving my information to a 3rd party without my knowledge or consent is perpetrating identity theft, * Do you have first hand knowledge about everything that has transpired with the alleged account, including when the account allegedly belonged to the original creditor and any other parties prior to your acquisition? * Do you have written consent to collect information about me and to share information about me with the credit reporting agencies - in writing, signed by me? Verification is a sworn testimony so you should also be responding in that format. Validation is the documentation backing up your testimony. One without the other is hearsay and inadmissible.
Company Response:
State: MO
Zip: 63146
Submitted Via: Web
Date Sent: 2019-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-01
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: LVNV is garnishing my wages and stated that I had been served on XX/XX/XXXX and that judgement on the account was on XX/XX/XXXX. My complaint ... oh there are many as this is NOT being handled well AT ALL. They are still not reporting payments made but I will not get into that at this time. In my previous complaint I had concern over the huge difference in amount and being charged interest ... their reply stated that the judgment stated they could charge 10 % from the date of judgment until the judgment was paid in full. So this tiny little balance of an alleged debt they can not show proof by contract or signature for has grown to almost {$1200.00} which has been paid via garnishment in XXXX through my pay. Why if judgement was made on XX/XX/XXXX did they wait until XXXX of XXXX to start garnishing my wages if not to just grow this 10 % interest. I checked my credit reports and my employer information has always been reported, there has never been any question as to where I worked. I also know they were aware of my last employer because they kept calling me AT WORK and threatening me with jail time and garnishment if I did not pay them in full right then and there which I did not believe and told them as much because again ... I NEVER GOT SERVED for this alleged debt. Oh I would have shown up and requested exactly what I have been all along ... proof and validation of debt by contract and my signature which they have not been able to provide. Now I have been told that my employer has to call them to get a pay off amount next week. Even they said in their 30 years of all sorts of garnishments coming out of paychecks, they have never had to call to get a pay off ... they have only ever had to pay the amount provided on the writ provided from the court. So again ... why is this different. I also have never been answered why they demanded my employer provide hem with my personal bank account name, routing and account number? This is very personal private information that was provided to someone I did not authorize. As a victim of identity theft already and still fighting my way through t all I am very protective of my personal information so this makes me very uncomfortable and do not understand why they would have the right to require this information or even need it since my employer is the one garnishing my wages and sending the money in check form.
Company Response:
State: AR
Zip: 728XX
Submitted Via: Web
Date Sent: 2019-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/XXXX Resurgent Capital Services XXXX : VALIDATION OF ACCOUNT Reference Account # : XXXX To Whom It May Concern, This letter is being sent to you in regards to the letter I received dated XX/XX/XXXX ( attached ) which is advising me to make payment of a debt I do not owe .What was provided was not any validation that this debt is mine. Please be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 1 : USC 1692g Sec 809 ( b ) that your claim that I owe you money is disputed, and validation was requested. Additionally, I am a victim of identity theft and have attached the documents along with this complaint. Under the Fair Debt Collections Practices Act, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am the correct party, and there is some contractual obligation which is binding on me to pay this debt. This is NOT a request for verification via XXXX or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section of the Fair Debt Collection Practices Act. Reporting inaccurate and unsubstantiated information to a credit reporting agency may constitute fraud under federal law. Compliance with this request is required under the laws of state and federal statutes. Debt validation includes the following : 1. Who was the original creditor on this account, and what was the account number? 2. What was the original amount owed? Please provide a complete payment history, starting with the original creditor. 3. Please provide me documentation that indicates that I agreed to pay someone this sum of money. 4. What was the original date of delinquency for this account? 5. Agreement that grants you the authority to collect on this alleged debt, or proof of acquisition by assignment. 6. What did you pay for this account, and how did you calculate the current amount owed? I require compliance with the terms and conditions of this letter within 30 days of your receipt, or a complete removal from my credit profile, in writing, of your claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with the FTC, and appropriate county, state, and federal authorities. I also hereby reserve my right to take private civil action against your company to recover damages. In addition, the Fair Credit Reporting Act states that while this item is being investigated you must indicate to the bureau that the account is under dispute and will not report this information to the Credit Reporting Agency until full validation has been completed. I have sent a copy of this request for validation to the three national Credit Reporting Agencies to begin their 30-day investigatory process concurrent with your investigation. Sincerely, XXXX XXXX
Company Response:
State: TX
Zip: 77082
Submitted Via: Web
Date Sent: 2019-08-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-31
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: In XXXX, 2017, I was notified by XXXX that there was a new collection account added to my credit profile for {$370.00}. Having never received a notice from the alleged original creditor, I was shocked. Obviously, this sent my credit score into a tailspin. Luckily, I was able to dispute the debt immediately, only to have LVNV Funding/Resurgent Capital continue to verify the debt with the bureaus, without providing the requested validation. Now, we are at the point where I have enough of a paper trail, that if LVNV Funding/Resurgent Capital does not provide proof that they could hold me legally accountable for the debt, AND that they are legally allowed to collect the debt, I will be taking LVNV Funding/Resurgent Capital to small claims court to make my argument that this frivolous collection should be removed. XXXX has indeed completely removed the debt after 4 letters, XXXX and XXXX have not removed the debt.
Company Response:
State: PA
Zip: 150XX
Submitted Via: Web
Date Sent: 2019-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-31
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX TO : LVNV XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NV XXXX ( XXXX ) XXXX XX/XX/2019 Re : Acct # XXXX To Whom It May Concern : This letter is regarding a negative inaccurate account or accounts, which you claim you can legally report the status of this account I dont even owe on under the account tab, when you are a DEBT BUYER THIRD PARTY and I am under no obligation to pay or respond to a company that I have never entered into any financial agreement with. This is a formal notice that your erroneous claimS are now disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. Please provide me with the following : 1. PROOF OF PAYMENT AGREEMENT I MADE WITH LVNV NOT THE XXXX XXXX XXXX which I have no knowledge of anyways. I want a wet ink signature between myself and your company LVN proving I owe YOU this or any debt you have in my name. 2. Explain why a debt buyer/third party collections company has the right to report a collections account under the accounts tab on my credit report and not the collections tab? 3. Prove how you are listed as the owner of this erroneous account yet XXXX XXXX is listed as the name of the account on my credit reports 4. What the money you say I owe is for? 5. Explain and show me how you calculated what you say I owe? 6. Provide me with copies of any papers that show I agreed to pay what you say I owe : 7. Provide a verification or copy of any judgment if applicable : 8. Identify the original creditor : 9. Prove the statute of Limitations has not expired on this account 10. Show me that you are licensed to collect in my state 11. Provide me with you license numbers and Registered Agent 12. 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 you 13. Provide Me The names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof TO ME. 14. Provide the documented proof that you ever gave me notice of the charge off per FCRA LAW 623 ( A ) ( 4 ), 15. Provide the actual charge off date and as stated you must in FCRA LAW 623 ( A ) ( 5 ) A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action 16. Be advised that the method of validation is hereby requested along with the procedure used to determine the accuracy and completenesss of the information is hereby requested. As per FTC opinion letter from Attorney General XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. Additionally, please provide the names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature? Please also be aware that any negative mark found on my credit reports including ( XXXX, XXXX, XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore, if you can not validate the debt, you must request that all credit reporting agencies delete the entry. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation : Defamation Negligent Enablement of Identity Fraud Violation of Fair Debt Collection Practices Act ( including but not limiting to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. My Contact Info is as follows : XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/2017 Original Creditor XXXX XXXX XXXX collection agency Resurgent/LVNV Funding. I've disputed this on many occasions stating that I did not open this account with XXXX XXXX, XXXX and XXXX and yet the account remains on my credit file. With the latest news of XXXX XXXX data breach this further backs my complaint. Please advise this collection account be removed immediately.
Company Response:
State: GA
Zip: 30035
Submitted Via: Web
Date Sent: 2019-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-29
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: - Letter dated XX/XX/2019 requesting Validation of Debt sent to LVNV - Response letter dated XX/XX/2019 with an account summary as Validation of Debt. - Response letter dated XX/XX/2019 with an account as Validation of Debt - Another letter dated XX/XX/2019 requesting Validation of Debt not an account summary. - NO RESPONSE FROM LVNV
Company Response:
State: DC
Zip: 20016
Submitted Via: Web
Date Sent: 2019-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A