Date Received: 2018-12-21
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XX/XX/2018 XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ohio XXXX Resurgent Capital Services Original creditor : XXXX XXXX XXXX XXXX ID XXXX Amount {$340.00} Customer service department I am disputing the validity of this debt. The dates are incorrect. XXXX XXXX XXXX XXXX XXXX has parked an old debt on my credit report and is Reporting it as a new debt, reaging my original debt. The date has been altered. As per enclosed letter from Resurgent Capital Services they can no longer sue me for this debt because of the age of the debt. The age has been adjusted making it appear only 3 years old and it is still posted on my credit report. This is in violation of the FCRA Act. I'm disputing this debt with you and with the credit reporting agency if these dates are not corrected I will be forced to sue for these violations along with actual damage, punitive damage, attorney fees and cost. Copies to : File a complaint FEDERAL TRADE COMMISSION Headquarters Federal Trade Commission XXXX XXXX XXXX, XXXX Washington, DC XXXX Telephone : ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: OH
Zip: 440XX
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
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: Hello On XX/XX/2018 I made a dispute report because on my report there was an account that I did not recognize so I requested proof of the paperwork with my signature that I owe this amount of money to this creditor, the creditor sold it to a collection agency the collection agency put it on my credit report as a collection I disputed this 4 months credit reporting kept reporting to me that they verified it when I ask for the proof that they verified it they would reinvestigate I dispute it again and they would say that they verified it and I'd ask for the proof of the verification and then I would have to dispute it again well finally I got 2 creditors that were on the report that I did not owe anything to removed, they were deleted. Through process of continued disputes finally on XX/XX/XXXX after I called them and that would be expedient and ask them for the proof that I owed this money to this collection agency because on the XX/XX/XXXX they sent me my dispute response that I did owe this when I call them on XX/XX/XXXX I told them that I wanted proof and on the third they put through delete from this creditor so the two reporting agencies, XXXX and XXXX, removed all these false credit damaging collections from my report everyone except for XXXX I called XXXX I tried to dispute XXXX and every time I would go online it will tell me that they were having problems that I would have to call I called and told the lady what was going on she took my report and it's still there and that was back in XXXX maybe anyway I got a letter on the XX/XX/XXXX from first source which you'll see pictures of the letter they sent me in my downloads and it is from the creditor that's still on my XXXX as me owing them which I don't they sold my account to first source saying that now first source is going to collect this debt, I do not owe this debt I've been going through this dispute since XX/XX/XXXX, the last one that still stuck on my account but this all started in XXXX I have a XXXX XXXX I've had XXXX XXXX most biggest one was XXXX XXXX I can't take this stress I have been trying to fix this for way too long because someone's not doing their job and they would actually verify that I actually owed these debts it would have been solved in XXXX somehow someone is saying they're verifying but they're not verifying I think the consumer should be able to rely on the credit reporting companies since they're giving reports that affect our lives and they're giving the wrong reports!!! they should be held accountable!! I would like for someone to please help me and actually help me!! I want this fived and settled. I don't need this, NO American taxpayer needs this, to have three companies hold your life in their hands because you want credit well I didn't want credit but now I might have to get a credit card not that I want to cuz it's all big scam and I'm not yelling I know that the person who's reading this right now has nothing to do with what happened in the past I'm frustrated please someone help me fix this and I have a question is it lawful for a company is trying to collect a debt from me that I don't know and was disputed and supposedly deleted able to sell my information to another collection agency to collect on funds that I didn't owe the first agency?? I don't think that's legal and I don't think that's fair the three credit reporting companies have the power to hold my life in their hands when they're screwing up my life because no one 's doing their job!!! thank you I would like them to fix it and to let my creditors that when I did apply for one cr, edit card and was denied because they said that I had debts which I didn't they should be made to go back and fix what they reported and say it was false information because that is slander in my book, thank you XXXX
Company Response:
State: PA
Zip: 15239
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-20
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: XXXX XXXX filed bankruspy XX/XX/XXXX they was unable to valdate the account XXXX XXXX XXXX had to delete the account then in late XXXX it was put back on credit report
Company Response:
State: AR
Zip: 72802
Submitted Via: Web
Date Sent: 2019-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-19
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This complaint is based on violations of the FCRA, the FDCPA and the Massachusetts Consumer Protection Act ( hereinafter the MCA ), which includes 940 CMR sec. 7 and MGL Chapter 93A sec. 2, by XXXX XXXX ( XXXX ). ___ On XX/XX/2018, I reviewed my credit reports and saw a collection account reported by XXXX XXXX claiming they purchased a debt from XXXX XXXX XXXX. I was never aware of this account and had no opportunity to dispute the debt prior to this period. ___ On XX/XX/2018, I mailed to XXXX a demand letter pursuant to M.G.L. Chapter 93A and a request for validation of debt. I requested all of the required materials under Mass. law 940 CMR 7.08 ( 2 ) and 209 CMR 18.18 ( 3 ). These materials include ( a ) all documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected, and ( b ) a complete transaction history which reflects the date and amount of payments, balances, and charges concerning the debt. My letter also included the very same form letter provided on the website of the CFPB for consumers to request validation of an alleged debt. ___ On XX/XX/2018, XXXX received my letter via certified mail. ___ At no time did XXXX validate the debt by providing the required materials under Massachusetts law, nor did they provide the answers and documents as prescribed by the form letter issued from the website of the CFPB. ___ On XX/XX/2018, I disputed the account thru the credit reporting agencies. My dispute included that ( a ) I had no knowledge of the account and ( b ) that XXXX failed to validate the debt as required by [ Massachusetts law ] and the Consumer Financial Protection Bureau. ___ Between the dates of XX/XX/XXXX and XX/XX/2018, I received the results of the investigations from the credit reporting agencies, where XXXX had falsely verified the account, despite their failure to validate the debt as required by Massachusetts law and the FDCPA. ___ XXXX failure to validate the debt as required by state and federal law can only be construed that they do not possess the required materials to support its claims that they are owed this debt, including the accuracy thereof. ___ In a recent decision against another debt buyer that verified information to a credit reporting agency without records to rely upon and where a consumer contested its ownership of, the court ruled as follows : [ a ] reasonable jury could find that the documentation reviewed was insufficient to prove that the [ two accounts ] belonged to [ plaintiff ] and that [ the buyer ] therefore had a duty to report the account as can not be verified. A jury could also find that because [ the buyer ] retained the right to seek account-level documentation through its agreements with [ the sellers ] [ it ] behaved unreasonably when it reported the accounts as verified without first exercising those rights. XXXX v. XXXX XXXX XXXX XXXX XXXX, XXXX al XXXX. XXXX ( XXXX. XXXX XXXX ) ___Based on the aforementioned facts ( and supported by the attached letter to XXXX ), XXXX conduct includes the following : ___ ( a ) Violation of the FDCPA 15 USC 1692g in that they failed to cease collection of a debt that was timely disputed but not validated in that they verified a debt thru the credit reporting agencies. ___ ( b ) Violation of the FDCPA 15 USC 1692 ( e ) in that they have taken action that can not legally be taken. ___ ( c ) Violation of the FDCPA 15 USC 1692e ( 10 ) in that they employed false or deceptive means to collect a debt. ___ ( d ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount of legal status of the debt. ___ ( e ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute thru the credit reporting agencies. ___ ( f ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( B ) in that they failed to review all relevant information provided in my dispute to the credit reporting agencies. ___ ( g ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate or unverifiable information to the credit reporting agencies. ___ ( h ) Violation of 940 CMR 7.08 ( 2 ) and MGL c.93A, 2 for continuing collection activity while failing to provide all of the required materials that would validate the debt under Massachusetts law. ___ ( i ) Violation of 940 CMR 7.07 ( 8 ) and MGL c.93A, 2 in that they engaged in false, deceptive, or misleading representation, communication, or means in connection with the collection of a debt.
Company Response:
State: MA
Zip: 016XX
Submitted Via: Web
Date Sent: 2018-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-18
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I never did business with the company LVNV Funding LLC, both the company and the credit bureau never provided me with notice of this alleged debt being placed on my credit or provided me with a signed contract with my signature. A collection bill is not a validation and that I have a right to be provided with proof or it needed to be removed.
Company Response:
State: TX
Zip: 77433
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-18
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: This account was settled on XX/XX/2018 along with 2 other outstanding accounts with this firm. However this one remains as an active collection. Repeated attempts to resolve the issue have failed. I'm requesting relief/ assistance from the CFPB in this matter
Company Response:
State: TX
Zip: 76904
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-17
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: XXXX XXXX who is owned by XXXX XXXX XXXX XXXX, XXXX contacted me by text message on my cell phone after I asked them not to communicate that way. This is a violation of TCPA and FDCPA. I have asked XXXX XXXX XXXX to communicate with my authorized Representative, but have not gotten a response, which is why XXXX XXXX XXXX XXXX needs to now handle this. Please contact XXXX XXXX regarding this matter XXXX ASAP.
Company Response:
State: CA
Zip: 91360
Submitted Via: Web
Date Sent: 2018-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I HAVE A ACCOUNT FROM XXXX XXXX ACCOUNT NUMBER XXXX BALANCE IS {$720.00}. I ALREADY DISPUTED WITH ALL 3 CREDIT REPORTING AGENCIES, XXXX AND XXXX AND XXXX. I REPORTED THIS ACCOUNT AS A FRAUD ACCOUNT I WANT HIS DELETED ASAP. XXXX ALREADY DELETED THIS ACCOUNT
Company Response:
State: CA
Zip: 953XX
Submitted Via: Web
Date Sent: 2018-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I HAVE A COLLECTION FROM RESURGENT/XXXX XXXX ACCOUNT NUMBER XXXX BALANCE IS XXXX. I DO NOT OWE THIS COMPANY ANY MONEY, I ALREADY FILED A POLICE REPORT AND MAILED IT TO XXXX XXXX AND XXXX. I REQUEST THAT THIS ITEM BE REMOVED.
Company Response:
State: CA
Zip: 93637
Submitted Via: Web
Date Sent: 2018-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-16
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Dear CFPB, Hello sir or ma'am, I am asking for your help to investigate the following three companies for illegally and knowingly violating consumer rights, to include illegal debt collection practices, knowingly reporting false information to the CRAs and several other FDCPA and FCRA violations. These are predatory companies and I am asking for your help in resolving not only my situation but ensuring an end to the abuse hundreds of others victims are enduring as well because of these unethical companies. RESURGENT CAPITAL SERVICES L.P, Located in XXXX SC or XXXX XXXX XXXX XXXX, Located in XXXX SC XXXX XXXX XXXX, Located in XXXX XXXX, NV IM REQUESTING THAT RESURGENT CAPITAL SERVICES / XXXX XXXX PROVIDE ME THE FOLLOWING : THE ORIGINAL CONTRACT THE ASSIGNEE CLAUSE GRANTING THE RIGHT TO RE-ASSIGN DEBT. NOTARIZED PROOF OF SALE BETWEEN RESURGENT XXXX AND THE ORIGINAL CREDITOR PROVING THEY OWN ANY ACCOUNT IN MY NAME. RESURGENT/XXXX NEVER MAILED ANY NOTIFICATION OR CONTACTED ME PRIOR TO REPORTING THIS ON MY CREDIT REPORTS. BY LAW A DEBT COLLECTION AGENCY MUST GIVE 30 DAYS WRITTEN NOTICE TO ALLOW ME TO DISPUTE THE DEBT AND REQUEST VALIDATION, WHICH I WAS DENIED PURPOSELY BY RESURGENT XXXX IS BECAUSE THEY KNOW THE INFORMATION IS FALSE AND CANT BE VALIDATED OR VERIFIED. THE LETTER MENTIONED ABOVE WAS JUST SENT TO ME ON XX/XX/2018, GIVING ME 30 DAYS TO REQUEST VALIDATION OF THIS DEBT. See ENCLOSURE 2. THIS MAKES ZERO SENSE BECAUSE THEY SENT THIS AFTER I SENT THEM THE REQUEST FOR VALIDATION ALREADY ON XX/XX/2018. See ENCLOSURE 3. THIS ATTEMPT TO SEND ME A LETTER STATING I HAVE 30 DAYS TO SEND A REQUEST FOR VALIDATION AFTER I ALREADY SENT YOU THE REQUEST, INDICATES ANOTHER ATTEMPT TO IGNORE MY REQUEST FOR VALIDATION SENT ON XX/XX/XXXX. THIS LETTER SHOULD HAVE BEEN SENT TO ME SEVERAL MONTHS AGO PRIOR TO REPORTING THE DEBT, NOT AFTER I ALREADY SENT THEM A REQUEST TO VALIDATE. Please help me in resolving these issues, Thank you for your consideration. Very Respectfully,
Company Response:
State: FL
Zip: 33511
Submitted Via: Web
Date Sent: 2018-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A