Date Received: 2019-07-06
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: RE : Your Reference Number XXXX I requested the following information from the collection agency regarding the alleged debt : name and address of the original creditor, a copy of the original signed contract, and a complete accounting / statement of payments with interest and fees associated with this debt. To date I have not received a response.
Company Response:
State: FL
Zip: 33322
Submitted Via: Web
Date Sent: 2019-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX LVNV FUNDING LLC XXXX XXXX XXXX, XXXX, XXXX XXXX, ( XXXX ) XXXX XXXX : Account # XXXX To Whom It May Concern : This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following : What the money you say I owe is for : Explain and show me how you calculated what you say I owe : Provide me with copies of any papers that show I agreed to pay what you say I owe : Provide a verification or copy of any judgment if applicable : Identify the original creditor : Prove the Statute of Limitations has not expired on this account : Show me the you are licensed to collect in my state : Provide me with your license numbers and Registered Agent or Agent of Service : At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus { XXXX, XXXX or XXXX } this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX } request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, XXXX XXXX
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2019-07-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I submitted 2 disputes with XXXX Credit regarding a derogatory collection that was added to my report. They could not resolve my issue. The debt theyve placed on my report belongs to a family member. This not the first time XXXX has allowed this to affect my credit. In 2018 I spent nearly 6 months disputing derogatory reports and finally got it resolved, now it seems to be starting all over again.
Company Response:
State: NV
Zip: 89145
Submitted Via: Web
Date Sent: 2019-07-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-05
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: LVNV alleges that it purchased two consumer debts that XXXX allegedly owed. XXXX has disputed LVNV 's assertion by letter to LVNV 's collection agencies, and to LVNV itself. ( See attached documents ). Furthermore, LVNV hired a debt collector to try and collect on the alleged debts that violated the FDCPA ( See attachment ) In the process of this debt collector violating the FDCPA it made LVNV liable under the FDCPA for its agents violations of the law. See,, XXXX v XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX, XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Simply put, LVNV has violated the FDCPA against XXXX. In addition, LVNV has violated the FCRA, because as the CFPB can clearly see, XXXX has made clear he disputes all LVNV 's allegations ( See attachments ), As the CFPB can see, when XXXX disputed the debt with XXXX XXXX, LVNV 's response was simply to " pass the hot potato '' to another collector and " rinse and repeat, '' obviously in an effort to wear down XXXX. Unfortunately for LVNV XXXX will not only not be intimidated he will sue, but only as a last resort ( this is why XXXX is trying this one last administrative remedy prior to seeking a judicial remedy ). XXXX, although not required, even pointed out to LVNV that he is a consumer that will sue them and irrespective of the fact that LVNV is in violation of the FDCPA and FCRA ( See attachment ). LVNV 's response was to continue down its path of illegal conduct, ignore its violations, not correct its credit reporting errors, and continue to violate Scroggin 's rights. LVNV never validated the debt and instead had its collector simply make a document, that while failed miserably, try to look official, but its own document clearly shows the FDCPA was violated, because they just make up their own document and do not even allege that they went to the original creditor for information to validate the debt. LVNV, through its collector has violated the FDCPA because of vicarious liability, violated the FCRA by on one account refusing to mark the account in dispute, and on both accounts refusing to " obtain '' information from the creditor to validate its debts. Of course LVNV is no stranger to not complying with the documentation requirements in Arkansas. In a futile effort to argue that somehow the rules of procedure did not apply to them, the Arkansas Supreme Court was required to reinforce to LVNV that yes, even in Arkansas the rules apply to them. See, LVNV FUNDING, LLC v. XXXX, XXXX XXXX. XXXX - XXXX : Supreme Court XXXX. Obviously I will be litigating this matter on behalf of myself, but few consumers in Arkansas ( or any other state ) have the expertise to take on a multi-million dollar corporation. So while I do file this Complaint on my behalf, I am hoping the CFPB will uses its statutory authority to punish LVNV to assist the consumers that are unlike XXXX and can't sue on their own behalf. I can take care of myself and will litigate, obviously, but I would still like the CFPB to hold LVNV 's feet to the fire. Feel free to contact me with any other questions or needed documentation. Thank You!
Company Response:
State: AR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-07-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-04
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: My accounts with this company have been paid. Moreover, the debit is listed under several different names. I paid Resurgent but it's listed on my credit reports as LNVN.
Company Response:
State: LA
Zip: 70122
Submitted Via: Web
Date Sent: 2019-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This alleged debt violates FDCPA regulations. I was only the authorized user and therefore not legally responsible for this debt. This collection agency is also violating Texas Finance Code 392 for incorrectly reporting this as my debt on all 3 credit bureaus. This company has failed to provide me written documentation where I signed up for this alleged debt and executed an agreement that I was financially and legally responsible to repay this alleged debt.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-03
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: LVNV FUNDING purchased an acct from XXXX XXXX XXXX acct # XXXX on XX/XX/17 listed on my credit report as a c/o for {$360.00} However, the XXXX XXXX XXXX acct was paid in full via money order for the balance {$300.00}. That money order was cashed on XX/XX/17 by XXXX XXXX XXXX and charged off in error. The original creditor XXXX XXXX XXXX deleted all reportings from all 3 credit bureaus due to the acct being c/o in error. Despite the original creditor rectifying the situation, LVNV Funding is still reporting this debt as owed and valid although it was illegally sold to them. They are also conatcting me repeatedly attempting to collect on a debt that was paid in full and removed from my credit report from the original creditor.
Company Response:
State: CA
Zip: 94585
Submitted Via: Web
Date Sent: 2019-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-02
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Checked my credit report and have a collection on there from LVNV Funding. I think I might of sent them a email, but not positive at all. I want to have a correspondence from this company since they are reporting negatively on my credit reports. I would also like them to send me VALIDATION of this said debt and a original contract bearing my signature would be best.
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/2019 and on previous date I have sent LVNV Funding several letters asking them to send me a written contract that I signed binding me into a contract with them. They have never responded or attempted to contact me on this debt. They continue to report negatively on my credit report, which is causing me hardship in obtaining credit.
Company Response:
State: LA
Zip: 70301
Submitted Via: Web
Date Sent: 2019-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-01
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have received various and multiple collection attempts from LVNV funding originating as a civil complaint filed in the XXXX Municipal Court ( Case XXXX ) on XX/XX/XXXX. The creditor violated my rights under the Fair Debt Collections Practices Act ( FDCPA ) by failing to send me a notification of debt prior to the civil filing and furthermore failed to comply with a validation of debt request as stated in my Answer and Subsequent Motion to Dismiss filing with the court. The case was dismissed at the request of the attorney representing LVNV Funding, XXXX XXXX XXXX on XX/XX/XXXX. My request for validation of debt was sent to LVNV Funding XX/XX/XXXX in conjunction with a cease and desist of communications the same day I filed an Answer with the court in accordance with my right under the FDCPA. Verified XXXX delivery on XX/XX/XXXX. LVNV Funding failed to supply a validation of debt or ask for additional time within the confines of the FDCPA and should have, by law, expunged the debt from all credit bureaus. On XX/XX/XXXX I received an email from a XXXX XXXX from XXXX attempting to collect on a debt on behalf of LVNV Funding. XXXX XXXX XXXX either sold this account to XXXX XXXX or LVNV Funding may have churned this account to a different agency. In either case I had documented verification that LVNV Funding received my request for a cessation in communications. I consider XXXX 's emails a violation of that request and in violation of my rights under the FDCPA. On XX/XX/XXXX I sent a similar cease communications request to XXXX. This is the second such request I had made and consider the original failure of validation on LVNV Funding 's behalf to obligate them to expunge this record from all credit bureaus. Om XX/XX/XXXX I received a letter from Resurgent Capital Solutions attempting to collect on the same account as the previous 2 companies did. Once more violating my rights under the FDCPA.
Company Response:
State: OH
Zip: 44224
Submitted Via: Web
Date Sent: 2019-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A