Date Received: 2018-02-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I do owe the following debt collectors ( XXXX XXXX, XXXX XXXX ) nor was I ever contractual obligated to them. Once a debt has been bought, paid and/ or charged off, then it's no longer a debt, it's been sold and paid for. And with any contacts once the contract been sold, the original contract becomes void.
Company Response:
State: MO
Zip: 63139
Submitted Via: Web
Date Sent: 2018-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX I do not know this consumer never talked to them or taken or borrowed money from consumer. XX/XX/2017 I send a dispute through credit karma they refuse to move from my credit.
Company Response:
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: No I idea who this company is I personally did not have an account with this company.
Company Response:
State: TX
Zip: 78542
Submitted Via: Web
Date Sent: 2018-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I contacted XXXX/resurgent To pay the XXXX that I owe for a XXXX account. I asked that if I would be able to have a pay to delete done and I was told no they would accept payment but this would still show negativity and would not remove from my credit. I just want to pay this have it completely removed from my credit and move on with my life
Company Response:
State: TX
Zip: 75044
Submitted Via: Web
Date Sent: 2018-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-23
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Quite unsure why i have loans open under my name for a vehicle that i did not purchase
Company Response:
State: NY
Zip: 11432
Submitted Via: Web
Date Sent: 2018-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-22
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I have sent numerous debt validation notices and never received a response back from the creditor. As per the Fair Debt Collection Practice Act ( FDCPA ), a credit is supposed to response and no attempt to collect until they have responded. However, this creditor has not responded and is still attempting to collect, which is in violation of the FDCPA. My next step is to contact a consumer protection attorney unless the matter is resolved here. This account was paid to the original creditor after it was charge off.
Company Response:
State: FL
Zip: 33063
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX Resurgent Capital Services, LP XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX Date : XX/XX/XXXX Re : Acct # XXXX To Whom It May Concern : I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an itemized list of the alleged charges you claim I owe you. This does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation 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 report, 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 intend to follow through with the suit if I do not hear back from you within 15 days. I look forward to hearing from you, XXXX XXXX
Company Response:
State: MN
Zip: 55426
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-22
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Resurgent Capital Services has placed a account on my credit report. The account is filled as XXXX XXXX on all of my credit reports. However, when I call the representive says they are with Resurgent Capital services and they are handling the account. The account is listed as originating from XXXX XXXX XXXX and opened on XX/XX/2017. I have contacted the orginal creditor, due to the fact that I have a credit card with XXXX XXXX XXXX and I am unaware of a second. I asked for all original documents pertaining to this account to be sent to me from Resurgent Capital Services/XXXX XXXX to verify the account. The process they have instructed me on is unrealistic. They want me to file a affidavit with this site, the police department, mail everything to a XXXX XXXX and await a response. However they have not given me a date of account origination or original documents as requested. All they send me is old billing statements from charges made. Which does not prove ownership. I have disputed this account in the past with XXXX XXXX XXXX and it was removed. It appears that it was then sold to this agency and they are making it extremely hard to prove this is not my account.
Company Response:
State: TX
Zip: 78414
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-23
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: XXXX XXXX XXXX Opened : XX/XX/2017 Origianl Creditor Name : XXXX XXXX XXXX XXXX XXXX Amount : {$600.00} Account Closed. First Credit Card. Inexperienced with credit. Want to pay interest. Financial Hardship.
Company Response:
State: GA
Zip: 30350
Submitted Via: Web
Date Sent: 2018-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-22
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX XX/XX/18 Re : Acc # XXXX To Whom It May Concern : Be advised that this is not a refusal to pay, but a notice send pursuant to the Fair Dept Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for " verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to the above name Tile and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following : 1. What the money you say I owe is for? 2. Explain and show me how you calculated what you say I owe? 3. Provide me with copies of any papers that show I agreed to pay what you say I owe : 4. Provide a verification or copy of any judgment if applicable : 5. Indentify the original creditor : 6. Prove the statute of Limitations has not expired on this account 7. Show me that you are licensed to collect in my state 8. Provide me with you license numbers and Registered Agent. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau 's ( XXXX XXXX XXXX XXXXXXXX XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following. 1. Violation of the Fair Credit Reporting Act 2. Violation of the Fair Debt Collection Practices Act 3. Defamation of Character If you offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If you offices fail to respond to this validation request, within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not to limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communication with me must be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that you records are in order before I am forced to take legal action. This is an attempt to correct your records ; any information obtained shall be used for that purpose. Best Regards, XXXX XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A