Date Received: 2018-07-03
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XX/XX/18 : Certified letter was mailed to collection reporting agency, and delivered on XX/XX/18. The letter is a formal dispute of debt and written validation of debt was requested. XX/XX/18 : XXXX XXXX, LVNV funding LLC representative confirmed letter was received and filed on XX/XX/18, documentation was requested. Represented stated this account didn't have to be flagged as being disputed. To date, none of the credit bureaus have been notified of a debt dispute or investigation.
Company Response:
State: MA
Zip: 02148
Submitted Via: Web
Date Sent: 2018-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-02
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: keep geting phone calls to pay for a credit card i paid protection on XXXX XXXX XXXX c/oresurgent capltal services XXXX XXXX XXXX XXXX XXXX there phone number is XXXX the original creditor name is XXXX XXXX XXXX XXXX XXXX i paid them protection when i frist got the card and i paid them for years untill i closed this account now i keep geting phone call to pay then {$110000.00} i want them to stop calling me and take this off my credit report i paid for protection tell them to get the money from XXXX XXXX XXXX i paid them for protection and tell them to take this off my credit report a, s, a, p like now
Company Response:
State: NY
Zip: 11204
Submitted Via: Web
Date Sent: 2018-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-02
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: This debt was from 2008. The creditor XXXX XXXX has sent me a letter stating that they have charged off on XX/XX/2008 with a balance of {$1500.00}. They stated that this account was bought by XXXX XXXX, XXXX. XXXX XXXX states in their letter to me that " they no longer have a financial interest in this account. '' They also states in their letter that " XXXX XXXX XXXX has not attempted any communication regarding this account since XX/XX/2008. If XXXX XXXX has not decided to collect this debt and has written it off, XXXX XXXX is stating that I owe them a balance of {$2700.00}. I owe nothing to this company. They decided to purchase this account from XXXX XXXX. I have no Idea how much they bought this account for. They are want to collect money from me that I do not owe them. This debit is ten years old? This company should not be harassing me for money that I don't owe to them.
Company Response:
State: AL
Zip: 35235
Submitted Via: Web
Date Sent: 2018-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I filed a complaint against the credit bureaus, XX/XX/2018, requesting they validate the debt shown as collections on my credit reports. They send correspondence of the dispute to the creditors, and today I have not received the documentations bearing my signature on the original contract to the debt. I am not aware of this company as a duplicate debtor on my credit report and request validation.
Company Response:
State: OH
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX states I owe collections and I never got a collection letter. I have no knowledge of this collection. Second of all they reported on my credit through transunion has collections type under XXXX XXXX XXXX C/O RESURGENT CAPITAL SERVICES XXXX XXXX XXXX XXXX, XXXX XXXX. Now through XXXX they report the account has a factoring account under XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. The one collection that which they claim I owe {$240.00} is now two accounts of {$240.00} with two different addresses and the company name the same with resurgent on one. I can furnish my credit report if needed to show proof. But the CFPB will have to request it from me first because im not falling victim of illegal practices and/or scams. So I never got a collection notice and this company is reporting two different types of collections one on XXXX has a collection account and one on XXXX has a factoring account.
Company Response:
State: NC
Zip: 28787
Submitted Via: Web
Date Sent: 2018-07-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-01
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: Around XX/XX/XXXX, XXXX XXXX XXXX allowed someone to open an account under my name, I never opened, approved, applied to this company or even spoke to them. Someone received a credit card for the amount of {$400.00} and immediately Maxed it out. I wasnt aware of this account until i received a letter from a collections agency demanding payment. The account closed after 120 days of non payment in XX/XX/XXXX, i have reported this numberous times to all three credit agencies and XXXX XXXX XXXX refuses to remove it. I have sent numerous requesting verification of the debt with no response over the last 6 Months. They are unable or unwilling to send any form of verification. I have spoken to XXXX XXXX XXXX directly and they refer me to the collection company that the debt was sold to, I have contacted the company many months ago and they removed the item from my credit report after my requests for verification were unable to be accommodated. I wish to see this removed from my credit reports and have since then placed a credit lock on all 3 credit agencies on behalf of myself.
Company Response:
State: GA
Zip: 30034
Submitted Via: Web
Date Sent: 2018-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I contacted this agency through mail with written notice asking them to verify that this account belongs to me either with a copy of my ID, a signature, or a copy of my social security card. This agency responded by sending me 3 letters asking me to send my request in writing but I already did that. This issue is stopping me from living life to my fullest potential and i need action taken as soon as possible.
Company Response:
State: NY
Zip: 14215
Submitted Via: Web
Date Sent: 2018-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-29
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I have files multiple complaints about this company and how they do not do business right. XXXX does bad business, first they sent my debt to XXXX and XXXX who entered a judgement against me never served me the court papers also seized my bank account and tried garnishing my paychecks. I filed a complaint they investigated and found out they did not serve me. The judgment entered against me was set aside on XX/XX/2018, XXXX advised of this in the previous complaint response CFPB XXXX # : XXXX, which means its no longer valid, they can not collect or try to collect. Now I have XXXX XXXX XXXX calling my parents house which I do not reside, and they are calling frequently. I spoke with a gentleman XX/XX/XXXX who advised me of an Active Judgment case # XXXX and they are trying collect a deb, I told him that judgment was set aside, no longer valid and he said no he shows it active, mind you I have not received and notification of this judgment becoming active again. So I called XXXX XXXX Civil Courts this morning XX/XX/XXXX and spoke who confirmed that this judgment case # XXXX has been set aside XX/XX/2018 and is not valid. Also as of XXXX this specific debt was removed from my all 3 of my credit reports.
Company Response:
State: CO
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-06-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-28
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: I had a credit card with XXXX XXXX which was paid in full by my XXXX XXXX XXXX they sold it to a another company which is XXXX XXXX and they are now trying to get me to pay that balance again plus they have added fees to it. Please have this removed from my credit report.
Company Response:
State: FL
Zip: 326XX
Submitted Via: Web
Date Sent: 2018-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-27
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: XXXX XXXX, XXXX, XXXX XXXX on behalf of XXXX XXXX XXXX, who is collecting on behalf of XXXX XXXX INCwas required to notify me prior to XXXX XXXX XXXX, or no later than 30 days after XX/XX/XXXXfailed to notify me about reporting derogatory info. to XXXX, XXXX, and XXXX In section XXXX ( p ) XXXX U.S.C. ss XXXX ( a ) ( 7 ) ( A ) ( I ) ; The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after XXXX XXXX XXXX, furnishing the negative derogatory information to a consumer reporting agency described in section XXXX ( p ), XXXX U.S.C. ss XXXX ( a ) ( 7 ) ( B ) ( I ). XXXX broke commercial law under XXXX? XXXX that all notices were timely and properly given by dated certified mail receipt. They were not met. First, I never received any correspondence from XXXX XXXX, XXXX, XXXX XXXX. A strong presumption of receipt applies when notice is sent by certified mail, because it creates actual evidence of delivery in the form of a receipt. XXXX XXXX v. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ( emphasis added ). A weaker presumption arises where delivery is sent via regular mail, for which no receipt, or other proof of delivery, is generated. Id. In the absence of actual proof of delivery, receipt can be proven circumstantially by introducing evidence of business practices or office customs pertaining to mail. United States XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). This evidence may be in the form of a sworn statement. Id. at XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Cir. XXXX ) ( a sworn statement is credible evidence of mailing for the purposes of the mailbox rule. ). However, because the presumption is weak where proof of receipt is attempted solely by circumstantial evidence, we require the affiant to have personal knowledge of the procedures in place at the time of the mailing. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). The use of certified mail gets the benefit of the presumption only as long as the return receipt is presented. See, e.g., XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX Az.XX/XX/XXXX ) .Please see attached pdf documentation EXHIBITS. Second the FDCPA ( XXXX XXXX. XXXX ( a ) states Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt I have not given either company the above written consent to contact me in connection with the collection of any debt alleged. Furthermore in the letter sent the name spelled is XXXX XXXX my name is spelled XXXX XXXX. I have no known relationship with these companies LVNV FUNDING, LLC, XXXX XXXX, and am unaware of how they have obtained my personal identifying information with my knowledge and/or consent. Also, XX/XX/XXXX failed to give me my " XXXX '' five days prior to placing this derogatory item on all of my credit reports, per Section XXXX ( XXXX ) & FDCPA? XXXX, which is {$1000.00} per violation and the state of TX allows treble damages. Under? XXXX. Validations of date and Mini-Mirandi under Section XXXX ( 1 ) XXXX XXXX XXXX, Owner failed to send me my initial communication before placing this alleged derogatory status on my credit reports further violating the FCRA, I understand that according to the Fair Credit Reporting Act, failing to provide this notice can result in a penalty up to {$2500.00} and can be enforced by the FTC, and that my state attorney general can also enforce this with a {$1000.00} penalty as well.
Company Response:
State: TX
Zip: 75501
Submitted Via: Web
Date Sent: 2018-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A