Date Received: 2018-05-12
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX XXXX has violated 15 USC 1692 by continuing collection activity after a cease and desist and 15 USC 1681 by failing to report complete and accurate information to credit reporting bureaus.
Company Response:
State: KY
Zip: 40475
Submitted Via: Web
Date Sent: 2018-05-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-11
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I have been harassed by this company XXXX XXXX since XX/XX/XXXX and prior to this date. They have been calling my home number and cell number requesting payments be made. I am receiving statements in the mail requesting payments on a balance of {$1000.00}. They are claiming they had purchased my account that I had with XXXX XXXX. My supposively charge off date with XXXX XXXX was XX/XX/XXXX. XXXX have sent letters offering reduced payment options. This company has sent negative reports to all three credit bureaus ( XXXX, XXXX, and XXXX Credit ) with an open account date of XX/XX/XXXX. I have sent a certified letter to XXXX requesting this information be immediately deleted from my credit file and to provide me with copies of any documents associated with this account, bearing my signature with XXXX showing that I owe them.
Company Response:
State: TX
Zip: 75052
Submitted Via: Web
Date Sent: 2018-05-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-10
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I RECEIVED A LETTER FROM XXXX XXXX ( COLLECTION COMPANY FOR XXXX XXXX XXXX ) SOME FEW DAYS AGO ABOUT CLOSING MY XXXX XXXX WHICH HAD BEEN IN COLLECTION AND THE LETTER SAYS THAT THE ACCOUNT HAS BEEN CLOSED AND TAKEN OVER BY SOMEONE ELSE BUT IT IS STILL REFLECTING IN MY CREDIT REPORT AS OPENED EVEN THOUGH THEY SAY THAT IT IS CLOSED AND IT HAS CAUSED A DEROGATORY MARK WHICH HAS LOWERED MY CREDIT SCORE.
Company Response:
State: PA
Zip: 19149
Submitted Via: Web
Date Sent: 2018-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-10
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: This debt appeared on my credit report without my knowledge of the debt existing. I do not owe this. I then received threatening phone calls that I was going to jail. Tried to have it removed from my credit report but apparently they have false documentation
Company Response:
State: MI
Zip: 48237
Submitted Via: Web
Date Sent: 2018-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Resurgent Capital Services ( XXXX XXXX ) placed a collection account on my credit report in the amount of {$700.00} in XX/XX/XXXX. On XX/XX/XXXX I sent XXXX XXXX aka Resurgent Capital Services a Debt Validation letter under Texas Finance Code 392 requesting they validate the debt. XXXX XXXX aka Resurgent received the letter on XX/XX/XXXX and sent me a letter on XX/XX/XXXX stating they have " initiated a review of the inquiry they recently received ''. As of today XX/XX/XXXX I have not received any further correspondence from XXXX aka Resurgent validating the debt in question. In the letter I sent on XX/XX/XXXX I requested Validation under Texas Finance Code and requested that if they could not validate that they were to delete the trade line from all 3 credit bureaus which they have failed to do at this time. Under TFC 392 they have 30 days to validate and if they can't they must delete the trade line from all credit reporting agencies. They also treated my letter as a dispute under the FCRA and marked my credit report 's as " disputed by consumer '' which I clearly was not disputing under the FCRA but requesting validation under the Texas Finance Code. This is a blatant misuse of the dispute process under the FCRA and could cause issues for future consumers that request validation under TFC. Dispute comments can derail mortgage applications and cause credit denials.
Company Response:
State: TX
Zip: 77303
Submitted Via: Web
Date Sent: 2018-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX , XXXX started sending me letters in XXXX but their address has changed a few times since then, making it hard to contact them. They finally sent a letter at the end of XXXX of XXXX stating that they would sue me for the supposed debt that they claim I owe them. After finding out a way to actually contact them, which according to their own website would have to be through Resurgent Capital Services, I sent them a letter on XX/XX/XXXX requesting that they validate the debt but their response, which was mailed out on XX/XX/XXXX, was just printouts of old statements from the original creditor. I responded on XX/XX/XXXX to their letter telling them that what they sent me does not meet the Federal Trade Commission 's guidelines of what constitutes proper debt validation and that they are now in violation of the Fair Debt Collection Practices Act and Fair Credit Reporting Act for still reporting invalidated and inaccurate information on my credit report. I have not heard back from them since then but they have continued reporting on both XXXX and XXXX.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XXXX/Resurgent have failed to provide me with all the information I have requested from them to validate the debt, this has been going on for 2 years or more. I have disputed the amount because I was not under contract any with XXXX, my monthly bills do not add up to {$1600.00}. I have requested a detailed summary of the amount they claim is owed, not just a paper stating that I owe the amount. I want a complete statement of the all charges they are claiming I owe and they have failed to do so numerous times. They have this reported to the credit reporting companies and I have disputed with them as well and everyone fails to investigate correctly.
Company Response:
State: GA
Zip: 305XX
Submitted Via: Web
Date Sent: 2018-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-09
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Creditor XXXX XXXX XXXX is unreachable in response to a collection amount of {$720.00} reported on my credit as of XX/XX/XXXX I am unaware of this debt and and am in process of home loan qualification and I need assistance to have this information removed from my credit report.
Company Response:
State: CA
Zip: 92595
Submitted Via: Web
Date Sent: 2018-05-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I had tried to resolve issue with original creditor at first. Simply asking for verification of this debt. I never received a response. When I found out that they sold the debt to this new company I asked this third party to validate this debt. In return they only sent me a letter saying there is a debt for {$110.00} that is owed. I called and explained that this was not validating. I resubmitted for debt validation ; never received a response.
Company Response:
State: MI
Zip: 49417
Submitted Via: Web
Date Sent: 2018-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-07
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I sent this Validation Of Debt letter ( below ) 3 times and they never provided me with any proof, yet they continue to report this on my credit and it has devastated my life, my ability to get a job and any new credit : LETTER SENT TO : Resurgent Capital Services/XXXX -XXXX XXXX XXXX, XXXX , SC XXXX and to : XXXX-XXXX XXXX XXXX -XXXX XXXX XXXX, XXXX, SC XXXX I asked these questions requesting that they provide me with the following information ; 1. ) What the money you say I owe is for : NOT PROVIDED 2. ) Explain and show me how you calculated what you say I owe : NOT PROVIDED 3. ) Provide me with copies of any papers that show I agreed to pay what you say I owe : NOT PROVIDED 4. ) Provide a verification or copy of any judgment if applicable : NOT PROVIDED 5. ) Prove the Statute of Limitations has not expired on this account : NOT PROVIDED 6. ) Show me the you are licensed to collect in my state : NOT PROVIDED 7. ) Provide me with your license numbers and Registered Agent or Agent of Service : NOT PROVIDED LETTER SENT in XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX FROM : XXXX XXXX - Re : Acct # XXXX XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXX To Whom It May Concern : I previously sent you a request to Validate my debt NOT Verification of this debt under the Fair Debt Collection Practices Act and I did not receive from you the documents or information that meets the Federal Trade Commissions guidelines of what constitutes proper debt validation. ( see CONSUMER REQUEST FOR DEBT VALIDATION FORM / DATE : XX/XX/XXXX below ) In addition, in the case of XXXX Vs. XXXX ( IN THE COURT OF APPEALS OF INDIANA, No. XXXX ), the court ruled that : 15 U.S.C. 1692g ( b ) ( emphasis added ). On XX/XX/XXXX, nineteen days after the date of XXXX debt collection letter, XXXX counsel XXXX sent XXXX a letter declaring that XXXX disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof. Record at 21. As such, XXXX should have ceased his debt collection efforts immediately upon receiving that letter. Instead, XXXX proceeded to obtain a default judgment against XXXX on the debt collection claim before he had mailed XXXX the necessary verification and, thus, violated 15 U.S.C. 1692g ( b ). XXXX maintains, however, that there was no violation of the FDCPA because he sent adequate verification of the debt [ to XXXX ] in the XX/XX/XXXX notice of claim. Brief of Appellee at 13. Specifically, XXXX claims that a copy of the consumer credit contract between XXXX and XXXX XXXX attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. 1692g ( b ). We can not agree. The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of XXXX loan, including a 17.99 % annual interest rate and the original loan amount of {$2500.00}. The loan agreement contains no accounting of any payments made by XXXX, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once XXXX stopped making the required payments. Indeed, the existing unpaid contract balance at the time XXXX sent the debt collection notice was at least {$350.00} more than the original loan amount. Therefore, XXXX violated 15 U.S.C. 1692g ( b ) when he failed to cease collection of the debt by obtaining a default judgment against XXXX after XXXX had notified XXXX in writing that he was disputing the debt but before XXXX had mailed verification of the debt to XXXX. We reverse the trial courts entry of summary judgment in favor of XXXX on this issue. I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of {$1000.00}, plus actual damages and attorneys fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $ 1000s. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, the Fair Credit Reporting Act ( FCRA ) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit reports XXXX, XXXX and XXXX, you are subject to another {$1000.00} fine, plus punitive damages. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. I will follow through with the law suit if you do not remove the reports on my credit with XXXX, XXXX and XXXX within 15 days from the date you receive this letter.
Company Response:
State: CA
Zip: 958XX
Submitted Via: Web
Date Sent: 2018-05-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A