Date Received: 2018-03-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/2018 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX XXXX : Original Creditor NameXXXX XXXX To Whom It May Concern : This letter is regarding account # XXXX XXXX, which you claim i owe you. This is a formal notice that your claim is disputed. I have tried contacting your company and the address provided is a incorrect address. i am attaching the return mail to prove that this is inaccurate and false reporting on my credit. please remove thin incorrect inquiry as soon as possible as this is hurting me to obtain credit. i really hope we can remedy this as soon as possible. im keeping careful records of all communication with your company. depending on your response i will file a small claim court in my local county were you will have to attend. i have proof this is an identify fraud as my identity was stolen and i filed a police report. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting validation ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you. Please also be aware that any negative mark found on my credit reports ( including XXXX XXXX and XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore, if you can not validate the debt, you must request that all credit reporting agencies delete the entry. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. My contact information is as follows : XXXX XXXX XXXX
Company Response:
State: FL
Zip: 32825
Submitted Via: Web
Date Sent: 2018-03-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-06
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I didn't receive identify verification from this company
Company Response:
State: CA
Zip: 92551
Submitted Via: Web
Date Sent: 2018-03-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-05
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: They sent me a letter stating they have a judgment against me in a letter and it says to call them to set up payment plan. I was never served nor have I gotten any paperwork from a court. They are using this letter as a threat and that's how we took it. We got the letter onXX/XX/2018 amount XXXX and they said the cost for post judgment cost as well. File XXXX. Says in letter through XXXX court.
Company Response:
State: CO
Zip: 812XX
Submitted Via: Web
Date Sent: 2018-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-03
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: XXXX XXXX purchased a XXXX XXXX Debt but failed to give me a proper notice in regards to the way this account would adversely affect my credit report nor did they give me the opportunity to resolve it before they credit reported. I have sought advise as to recently discovered adverse credit remarks on my credit report. I was informed that both the Fair Debt Collection Practices act and California Rosenthal Fair Debt Collection Practices Act protect consumers against unfair collection practices and malicious persecution. Further, creditors or collection agencies are prohibited from submitting information relating to the consumer to any consumer reporting agency if they have been notified by the consumer that the information is inaccurate pursuant to 15 U.S.C 1681 ( S-2 ). I hereby remain adamant that should I have been given the opportunity to dispute or pay, I would have exercised my rights as prescribed by law. For the record : I was NEVER in receipt of your original dunning notice allowing me 30 days to dispute this debt, or satisfy this debt and avoid any negative marks on my credit record. Therefore, the information you submitted is inaccurate and must be removed.
Company Response:
State: CA
Zip: 93309
Submitted Via: Web
Date Sent: 2018-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Greetings, I have recently graduated from college outside of the United States. Unfortunately, somebody has most likely used all my information and got into debt because during the dates which the debt has occurred, I was in college in XXXX and I can prove that I have been an active student in XXXX for the past 6 years and was not in the United States to get in debt. This may be a mistake or an identity theft.
Company Response:
State: VA
Zip: 22152
Submitted Via: Web
Date Sent: 2018-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-02
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: I began my dispute with XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX in XX/XX/17. I disputed these items because I don't feel that they are being reported in compliance with FACTA, the Fair Credit Reporting Act and the Fair Debt Collection Practices Act.
Company Response:
State: TX
Zip: 78660
Submitted Via: Web
Date Sent: 2018-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/XXXX, I mailed a certified letter ( XXXX XXXX XXXX XXXX XXXX ) to XXXX XXXX XXXX, XXXX. requesting debt validation. I received correspondence from Resurgent Capital Services dated XX/XX/XXXX stating that XXXX XXXX, XXXX, has initiated a review of the inquiry recently received. On XX/XX/XXXX, I contacted Resurgent Capital Services regarding the alleged debt and was informed that a cease and desist was placed on the account. Since XXXX, I have communicated with XXXX XXXX XXXX, XXXX. and at no time did I request cease and desist. On the contrary, my correspondence has specifically demanded debt validation. On XX/XX/XXXX, I again demanded debt validation from Resurgent Capital Services. On XX/XX/XXXX, I contacted Resurgent Capital Services again and informed them that I have not received the validation letter. The representative reported at that time, that while my account had been flagged, there was no record that a validation letter was sent. Under the Fair Debt Collection Practices Act, you are required to respond to my request for validation within 30 days of receipt of my communication. However, it has been almost two years, and I have yet to receive debt validation. Under both State and Federal consumer law I have the right to get have my debt validated, and you are obligated to respond within the statutory time limit. Failure to respond to my requests for validation is a violation of the Fair Credit Reporting Act and may result in an investigation of your company by the Federal Trade Commission. I consider your agency to be intentionally ignoring my requests, therefore I am submitting this letter to the Consumer Financial Protection Bureau. In addition, I would like to remind you that collection agencies are legally obligated not to report a debt that has not been properly validated to any of the credit bureaus. Despite this, XXXX XXXX, XXXX. has continued to update the alleged debt to all three credit bureaus ; on XX/XX/XXXX, it was updated with XXXX and XXXX. Any attempt to collect on this debt without properly validating would be in violation of the FDCPA and State consumer protection laws.
Company Response:
State: MD
Zip: 21206
Submitted Via: Web
Date Sent: 2018-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-28
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XXXX XXXX, 2018 I sent Resurgent Capital Services a debt validation letter by certified mail asking them to provide me with the following ... - Agreement with your client that grants you the authority to collect on this alleged debt. - Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. - Any insurance claims been made by any creditor regarding this account. - Any Judgments obtained by any creditor regarding this account. - Name and address of alleged creditor. - Name on file of alleged debtor. - Alleged account number. - Address on file for alleged debtor. - Amount of alleged debt. - Date this alleged debt became payable. - Date of original charge off or delinquency. - Verification that this debt was assigned or sold to collector. - Complete accounting of alleged debt. - Commission for debt collector if collection efforts are successful They failed to do so. In the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : it says that one can not subrogate onto a contract that they were not originally on, did not have any interest to protect, and then claim successor in rights and interests. Thus, when an original creditor sells the debt they give up their rights to collect on the debt BUT they do not give those same rights to the collection agency. The collection agency can not act as a substitute for the original creditor. Resurgent Capital Services has failed to validate this debt as they have not sent anything to validate the debt, the letter they sent just states they have initiated a review of the account which is not validating the debt. Under the FCRA and FDCPA it requires you to verify the validity of the debt within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of invalidated debt here as the debt was not properly verified because they did not properly validate the debt and I urge you to remove this item before I am forced to take legal action.
Company Response:
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-28
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Keep saying accounts remove from my credit profile. But its still showing accounts on my credit report
Company Response:
State: OH
Zip: 44108
Submitted Via: Web
Date Sent: 2018-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-27
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/XXXX I received a letter from XXXX XXXX XXXX stating they were the debt collector assigned by XXXX XXXX to collect an alleged debt owed. I sent back a letter by certified mail requesting validation of the debt and no response was ever received. On XX/XX/XXXX I received a letter from a different company Resurgent Capital Services stating they were the debt collector for XXXX XXXX on the same alleged debt, I again sent a letter by certified mail requesting validation of the debt and to date have not gotten a response. 2 letters were received by 2 different debt collection agencies within less then 30 days attempting to collect on the same debt, both of these agencies stated they were debt collectors for XXXX XXXX. I've reported XXXX XXXX to the Nevada State Attorney Generals office for their debt collection practices.
Company Response:
State: AZ
Zip: 85706
Submitted Via: Web
Date Sent: 2018-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A