Date Received: 2019-03-04
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: On XX/XX/ 2019 I noticed the amount of {$990.00} was missing from my bank account which just so happen to be nearly half the funds I had in there. I contacted the bank the same day and they told me that there was nothing they could do on there end that it was a legal order done by XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). obtained the legal order in bad faith as they garnished exempt funds. They are representing LVNV Funding llc, a debt collector who I sent my proof of exemption to. Since sending those people my proof of exemption they have tried to call me to collect the debt and now have illegally garnished my exempt funds through the law office previously mentioned. It has caused me significant hardship as this literally is the only money I live off of as I am XXXX, a full time student and receive only financial aid for school. I have tried to contact them on three different occasions. They do not have an email, so I called them on XX/XX/XXXX the same day it occurred, but no answer. Then I called them on XX/XX/XXXX, the operator picked up and transferred me to a lawyer, but all I got was voicemail, so I left a message. I called again on XX/XX/XXXX and still no answer. So, I again left a message.
Company Response:
State: MN
Zip: 55433
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-04
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I requested for the company to send me a copy of the original contract bearing my name on XX/XX/2019. The company only sent me a copy of bill from LVNV Funding, which is the same collection company as Resurgent Capital Services. The has yet to send me a copy of any contract from the original creditor with my signature agreeing to the alleged debt.
Company Response:
State: TN
Zip: 38111
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-04
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I learned of this debt when checking my credit scores one day. I was unaware of this debt as no Dunning Notice was sent to me. The company has also not verified my request for proof, including my original signature, that the account is in fact mine. When contacted through the XXXX all they sent me was a letter with an offer of a payoff plan from a third party, their purchase information from the original creditor, and statements from the original creditor. The amount of the debt is {$600.00}. The company bought this debt on XX/XX/XXXX, reported the debt to credit bureaus on XX/XX/XXXX, and the third party sent me the letter with a payoff plan offer on XX/XX/XXXX. I originally disputed this debt on XX/XX/XXXX through a credit repair company - this dispute never received a response, which is enough to remove the debt from my credit report to begin with. I complained about this company to the XXXX on XX/XX/XXXX. The company responded to my complaint on XX/XX/XXXX and declined their response XX/XX/XXXX. I received a second response from the company on XX/XX/XXXX, which I declined on the same date. The company has not provided any proof that an acceptable Dunning Notice was sent prior to reporting to credit bureaus or proof, with original signature, that the account is mine.
Company Response:
State: MT
Zip: 59801
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-04
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: In reference to complaint number XXXX where i was not able to open the attachment. I finally did get to the attachment and opened it but it was a duplicate response of another complaint and did not address the tactics of calls being received on my cell phone number XXXX so it did not address the problem at all. The response again was a duplicate to this complaint number XXXX and i am not satisfied due to issue not ever being addressed about receiving calls to my cell phone number which is not allowed. Thanks, XXXX XXXX
Company Response:
State: PA
Zip: 177XX
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-04
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV FUNDING has been non-compliant with removing the unverified account information. I sent letters because I have no knowledge of this account I sent them several letters no response. I sent an 611 letter to the credit report agencies to see if they would've had better luck one of the reporting agencies closed the account and reopened it and the others came back verified and I have yet to see and paper work with an signature or anything to show proof several laws are being broken and I have rights.
Company Response:
State: MO
Zip: 64130
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/XXXX I sent a letter to LVNV Funding requesting validation of this alleged debt of {$700.00} they said I owed through a letter I received from them. My request for validation was completly ignored and nothing was sent to me validating this supposed debt. Then I wrote them again in XX/XX/XXXX, and received a reply from LVNV Funding d/b/a Resurgent Capital Services on XX/XX/XXXX stating my request for validation was " frivolous and irrelevent '' and " they refuse to investigate my request ''. I wrote them back on XX/XX/XXXX reminding them that they must validate the alleged debt as per the FDCPA or cease collection attempts and reporting it to the credit bureaus. On XX/XX/XXXX they responded saying they received my request and have enclosed their " account summary as verification ''. What they enclosed was a simple half page document made by someone on a computer, which by no means what so ever did it meet the requirements of legal debt validation. So I once again sent them yet another letter on XX/XX/XXXX again requesting legal validation. I heard nothing back from them. So again in XXXX XXXX XXXX I send a request for validation, and on XX/XX/XXXX I received a reply letter from them stating that they don't " believe '' it was me who prepared the letter requesting validation therefore outright refusing to investigate my request, again calling be frivolous and irrelevant. Over all this time they continue to report this alleged debt to all 3 of the major credit bureau 's as a derogatory and negative account against me, not ever reporting it was disputed. This has cause me much financial hardship.
Company Response:
State: HI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: NOTICE OF FAULT AND OPPORTUNITY TO CURE AND TO CONTEST ACCEPTANCE AND COUNTER-OFFER FOR ACCOUNT SETTLEMENT AND CLOSURE Certified # XXXX XXXX : XXXX c/o XXXX XXXX XXXX XXXX XXXX, WI, XXXX Trustee in care of XXXX XXXX XXXX MR. XXXX XXXX, CEO RESURGENT CAPITAL SERVICES LP XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX RESPONDENT This is a legal notice. Please read it carefully as it means what it says. If you fail to comply with this notice, then you will be deemed to be in agreement to my fee schedule outlined below. Do not ignore it. Respondent- NOTICE TO PRINCIPAL IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPAL XX/XX/2019 RE : NOTICE OF FAULT AND OPPORTUNITY TO CURE AND TO CONTEST ACCEPTANCE, ACCOUNT # XXXX and # XXXX Dear Mr. XXXX, CEO : On XX/XX/2019, you were sent notice of Conditional acceptance for value for proof of claim upon corporation 's contract, for determination of 'meeting of the mind ', 'Fraud on the Contract ', and/or 'unconscionable contract ', and/or agreement for commercial discharge, Account # XXXX and # XXXX. This notice was sent by Certified Mail # XXXX. You did not respond accordingly. You failed to perform after receiving these presentments from XXXX : XXXX, and you failed to perform by providing the requested and necessary PROOFS OF CLAIM after receiving the said Notice mentioned above from the undersigned. The time limit has elapsed, constituting acceptance by Respondent / XXXX thereof instead of providing a timely response / rebuttal to the allegations of the Secured Party. An unrebutted Affidavit stands as the judgment in commerce. As the Respondent, you are now in fault, and you are in agreement and have stipulated to the terms of the undersigneds dated presentment through your dishonor. You have the right to cure this fault and perform according to said terms within the ten ( 10 ) days from the receipt of this Notice of Fault. Should you fail to cure your fault, I will establish an Affidavit of Default solidifying your agreement and failure to contest acceptance, and I will obtain a CERTIFICATE OF NON-RESPONSE pursuant to and relative to the UCC, state statute, and otherwise. Thank you for your prompt attention to this matter. Sincerely, Without Prejudice Authorized Representative XXXX : XXXX
Company Response:
State: WI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-28
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: I was contacted via mail and was given the option to settle my debt from XXXX XXXX for {$460.00}. I am unable to pay them nor will I for the following reasons : 1 ) they were double and triple dipping into my bank account then sending the checks back as fraud because they claimed to have no knowledge of me having a bank account 2 ) I paid them for months but never had any money put back on my card 3 ) my credit cards from XXXX XXXX XXXX and XXXXt XXXX were stolen and when I called to cancel the cards I was brushed off with Snyde comments and then was told that my account was closed due to lack of payments and that they couldnt protect my security by closing my full account, yet am still being billed via phone for over {$80000.00} when I only owe just over {$3000.00} then when I called to complain about this the same man who was asking for {$80000.00} said that they were not aware that this was going on. 4 ) because of their double and triple dipping into my accounts and irresponsibility they now owe me a total of over {$300000.00}. 5 ) I was moving last year when they called to threaten me over a fraudulent amount
Company Response:
State: PA
Zip: 165XX
Submitted Via: Web
Date Sent: 2019-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-28
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am seeing a debt on my credit reports XXXX XXXX XXXX XXXX XXXX Resurgent Capital Services I had no idea who this agency was, nor was I aware of said collector until I applied for a vehicle loan I had never had any communication with them in the form of email, regular mail and or phone call regarding this debt of {$2300.00} Upon our Lawyers advice we wrote to this Agency asking for verification of said debt The letter was very precise and specifically asking for the following ; to provide any and all competent evidence that I have any legal obligation to pay them Specifying that I had no contract with this Agency for said debt I wrote this letter in XXXX of 2018 and sent it Certified Return Receipt Requested After a little over a week I received the confirmation from XXXX that they signed and received my request for validation letter ( signed return receipt was delivered to me ) As of this date I have still not received any validation from this Agency nothing that legally validates any obligation or contract to pay this Agency - no proof of any correspondence with this Agency I have not received any correspondence and/or phone calls I have never spoken with any individual from XXXX / XXXX Resurgent Capital Services They are still reporting to all 3 credit bureaus!
Company Response:
State: NJ
Zip: 07751
Submitted Via: Web
Date Sent: 2019-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV FUNDING LLC never received any communication by mail from them. They are violating my rights by posting a negative account on my credit reports. I am actively working with the local police department as there has been identity theft that led to fraud on various credit card accounts.
Company Response:
State: UT
Zip: 84115
Submitted Via: Web
Date Sent: 2019-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A