Date Received: 2017-08-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/XXXX sent certified letter to LVNV Funding LLC to validate account and provide information on this account. They acknowledged receipt of this letter on XX/XX/XXXX signed by XXXX XXXX. Until this day, 4 months to be precise, I have not received any communication validating this account. I am enclosing the letter sent to LVNV Funding LLC and acknowledge receipt card.
Company Response:
State: PR
Zip: 007XX
Submitted Via: Web
Date Sent: 2017-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-09
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: A derogatory remark and reporting on my credit report from an alleged debt from XX/XX/XXXX. I have requested validation of debt and collection agency has not responded to me. I also submitted a dispute with credit bureau 's and they have not fixed the issue all they did for me, they added a remark on my account that reads " Account information disputed by consumer, meets FCRA requirements '' How could this meet the FCRA requirements when I have never received any notification from any agency regarding this alleged debt. I been residing at my current location since XX/XX/XXXX and never received any letter from them.
Company Response:
State: CA
Zip: 91306
Submitted Via: Web
Date Sent: 2017-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-16
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: XXXX XXXX XXXX IS A CRIMINAL, THEY CAN NOT PROVE ANY CONTRACT OR THE ORIGINAL INSTRUMENT OF INDEBTEDNESS, THERES NO CONTRACT WHATSOEVER, Due to these facts, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character, & information breach, using fictitious names, reporting false information, punitive, and what ever codes and laws that are applicable!. I am 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. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 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, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond wit h clarity 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. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which XXXX puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION : Please provide 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 deb was assigned or sold to collector. Complete accounting of alleged debt. Meaning public and private side of bookeeping, and CUSIP # S purchase price for information from alleged creditor, or information provider Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTION AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intetnt to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages. PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, no t disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds A meeting of the minds consensus ad idem, occurs between the parties when they recognize each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman. A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being an accommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognized by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorized agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. Best Regards XXXX XXXX. Respondent to Respondent, must respond within 30 days. Please provide relevence and clarity with your response. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. [ US vXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) quoting US v. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX ] Silence is a species of conduct, and constitutes an implied representation of the existence of the state of facts in question, and the estoppel is accordingly a species of estoppel by misrepresentation. [ cite omitted ] when silence is of such a character and under such circumstances that it would become a fraud upon the other party to permit the party who has kept silent to deny that which his silence has induced the other to believe and act upon, it will operate as estoppel. [ XXXX XXXX XXXX, XXXX XXXX. XXXX ( XXXX ) ] Your silence stands a consent, and tacit approval, for the declarations of facts and conclusions here being established as fact, as a law matter and this affidavit absent timely rebuttle, will stand as final judgment in this matter. Failure to reply with-in thirty days, establishes you are in agreement with the foregoing and are thusly legally estopped pursuant to : XXXX v. XXXX, XXXX XXXX. XXXX, XXXX, silence activates estoppel. I, XXXX XXXX, hereby reserve the right to amend this letter /document, and am the only party authorized to assert the right to make amendments to this document as necessary, and in order that the truth may be ascertained and these proceedings justly determined. Should any party possess information that will controvert and overcome this Declaration with specificity, pleaseadvise Me in writing by DECLARATION in AFFIDAVIT FORM within 30, days from receipt hereof and thereby, provide Me with your timely rebuttle, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and at no time in reliance on mere presumptive facts and personal conclusions law, that this Affidavit by Verified Declaration is substantially and materially false sufficiently for changing materially my declaration. The Undersigned, I, XXXX XXXX, do herewith declare, state and say that I, XXXX XXXX issue this with sincere intent in truth, that I, the undersigned am competent by stating the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, reasonable, not misleading, and by My best knowledge, by Me, the undersigned. This document and all others pertaining to this issue may be recorded and thusly may be used at the discretion of its issuer for any and all matters as so allowed under Rule 902 of the Federal Rules of Evidence and others, including, without limitations, the jurisdiction of the State of illinois, illinois state, and the United States of America. By my hand, this sixth day of XX/XX/XXXX, Your Name Here. XXXX XXXX, UCC 1-308 all rights reserved XXXX illinois ZIP EXEMPT CC : FTC Federal Trade Commission. BCC ; BBB Better Business Bureau THIS IS A LETTER COMMUNICATION FROM XXXX XXXX ( XXXX. ) and not XXXX XXXX. reserves all rights UCC 1-308
Company Response:
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-16
Issue: Took or threatened to take negative or legal action
Subissue: Sued you in a state where you do not live or did not sign for the debt
Consumer Complaint: lvnv funding proceeded to judgment in the wrong forum despite the fact i disputed the total amount of debt with original creditor and debt collector to no avail. they never validated the alleged debt lvnv has committed FDCPA/OCSPA VIOLATIONS- filing suit arbitrarily in wrong forum, and pursuing a debt supplier knows has been cancelled See ; State ex rel. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( Ohio XXXX. XXXX ) Section 1692e ( 5 ) of the FDCPA prohibits debt collectors from threatening or taking legal action that can not be taken legally. case-XXXX- XXXX
Company Response:
State: OH
Zip: 43609
Submitted Via: Web
Date Sent: 2017-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-13
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Capital one hired Lvnv funding llc XXXX XXXX of Nevada to collect XXXX the was discharged but XXXX XXXX kept getting other companies to try to collect on a debt that wall already been discharged. I called my attorney XXXX XXXX XXXX XXXX they wrote XXXX XXXX and know XXXX XXXX is using other collection company trying to collect on a discharge bankruptcy that happened in the was filed and complete in a chapter XXXX . I never had a account with Lvnv or XXXX XXXX XXXX XXXX XXXX XXXX never opened a account with this company but was hired by XXXX XXXX to collect a discharge debt that over 10 years old .they keep taken them down and replace back up under different names .I would like to resolve this before it gets into a legal mess . There is a file XXXX # XXXX I never opened new account with this company I called and XXXX XXXX once again getting or selling discharge debt to the company .also debt of closed accounts should of been of my account and not showing on my credit report they are too old . Thanks you for your time XXXX XXXX
Company Response:
State: NC
Zip: 285XX
Submitted Via: Web
Date Sent: 2017-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-12
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: To Whom It May Concern, ***Please note : This is NOT a duplicate claim of a previous complaint. This is a follow up of newly discovered and disturbing events regarding the same company ( LVNV Funding and its affiliated companies ). Please read the entirety of this complaint to get a better understanding. It 's a new issue related to the previous complaint. After investigation, the issue is totally and completely different. Although, the company is the same my complaint is different but related to all the circumstances. I XXXX XXXX, am filing a newly disputed complaint against the entity of LVNV Funding LLC Services, and C/O : Resurgent Capital Services LLC, and C/O : Sherman Financial Services, regarding their collective and most recent unscrupulous events, and in further, their fraudulent, and intentional reportings of a debt that they all tried to collect on through collections approach, and by lawsuit approach gravaliciously. In XX/XX/XXXX, a lawsuit was filed against me, by LVNV Funding LLC, to appear in the XXXX County Small Claims Court, located in XXXX XXXX, IN. However, during that time frame I was residing in the East Coast, and so I Learnt of these troubling events through a closed friend of mine. Upon learning of such troubling events I made contacts with the courts and informed them of where I was residing and asked if a phone hearing was optional, which they said no. As Such, I shared with a female court clerk, that this debt was a huge surprise to me because back in XX/XX/XXXX, I received a call from a gentleman stating I had too many non paid outstanding debt, and as a result a cease and desist order would be put in place, and on this date this debt would be made nullified, and would be shared with other persons within our organization to not pursue this matter going forward as well, and I will be creating a filed in our systems indicating about what was being discussed today. And as such, I utilized the same shared events with the court clerk lady during the time when I contacted the court house. The court clerk lady, then, went ahead and took some extra statements from me, and then informed me about an e-mail link to provide some extra documents which I complied with upon her request etc. I then followed that up in making sure, that she had received all of which she had requested which was later confirmed by her. And to this day I never heard from anyone regarding the matter. I also made a followed up call to LVNV Funding LLC, in XXXX XXXX Michigan, from where the lawsuit was originally, originated from that was representing LVNV Funding Services, and it 's affiliated companies, and shared the same stories with a gentleman that I had came across which took the intake and said, alright and thanks for sharing this important matter with me. And it was utterly the same kind of approach, as I never heard from anyone to this day regarding the matter. However, I later had learnt that the case was dismissed and thrown out at the courts own discretion of actions related to the matter etc. Upon doing some further research, into the matter I later had discovered and realized that the constant reportings against my credit to the three major credit bureaus by LVNV Funding and their affiliated sister companies should have been a no, no which they were all reporting against my credit files for over three years as charged off as bad debt, and placed for collection status. Again, due to the courts rulings on the matter, this should have been a no, no by LVNV Funding LLC, and their affiliated sister companies. In other words, this particular debt was deemed as invalid, and moreover, such actions by LVNV Funding LLC Services, and company is fraudulent reportings on a debt that has no basis as owed, or a debt that was being placed for collections etc. So comes XX/XX/XXXX, I called into XXXX, and advised XXXX, that I would like to dispute this debt under false reportings, and further shared with them that I was sued for this debt, and that the courts had dismissed the case and thrown it out as a result of their own judgements of discretions etc. And therefore, it has no genuine merit for LVNV Funding LLC, and their sister companies to be reporting a debt in the the dollar amounts of {$820.00}, and {$920.00}, as owed in collection status etc. They took those verbal statements down of mine, and on that same day of XX/XX/XXXX, it was deleted by LVNV Funding LLC, and their affiliated listings of sister companies without putting up a fight XXXX, informed me of. However, the two other major credit bureaus is still reporting this debt in a similar fashion with LVNV Funding LLC, and their sister companies, after they willfully knew all along that these are serious violations of wrong doings in the debt collection business and marketplace. When I called into XXXX, on XX/XX/XXXX, " XXXX, who I had conversed with about a deletion and dispute, asked me what 's the reasons for your disputes? '' And I shared what I had shared with Trans-Union to XXXX, and his response was, " I ca n't dispute it under those terms. '' Then he said, to me, " hold on please, while I check on some notes here. '' " And thereafter, he came back and stated that he has a note stating the same shared sentiments that you, were stating to me, a few minutes ago, sent over to us by LVNV Funding LLC, about deleting the account due to a court ruling made three years ago related to the matter. '' " Then he proceeded by saying for me to give it about 30 days to see the new updates etc. '' Thereafter, I called over to XXXX, and was told by a " XXXX, that this account is reporting as delinquent and charged off as bad debt, and is also placed for collections by Resurgent Capital Services LLC. '' So, I went ahead and disputed the matter, under the same terms with XXXX. In my closing out analysis and conclusions related to these entire circumstances of such disturbing and deliberately troubling events, I for one am appalled and incredulous of the intentional and nefarious acts committed by LVNV Funding LLC, and their affiliated companies which supports acts of ethical fallacies, rationale fallacies, rhetorical fallacies, and which is of course reprehensible by all means. This phony business conduct is nothing but an attempt of exploitation acts in a corruptive manner to entrap and to take advantage of consumers like myself in the business marketplace, and even other consumers like myself. This disturbing, and deeply troubling, and serious acts of intent by LVNV Funding LLC, and their sister companies most definitely, should be rewarded with nothing but serious repercussions of consequences by all body of state, and federal government agencies through a severe deal of justices etc.
Company Response:
State: IN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-12
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XXXX-XXXX-14, when I was only XXXX, an account was opened with XXXX XXXX. The account was sent in to PINNACLE LLC C/O RESURGENT CAPITAL SERVICES for collection for an amount of {$380.00}. At this time I was not even of legal age and nevertheless had no idea of how to apply for credit of any kind. I am positive that I did not open this account. I did not even have a cell phone at the time. I have tried to contact the company but I can not get in touch with anyone who can help me.
Company Response:
State: GA
Zip: 317XX
Submitted Via: Web
Date Sent: 2017-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have requested validation or removal of debt in the total amount of {$710.00} opened on XXXX XXXX, 2015 from this collection agency and they have failed to provide debt validation information via US postal mail or to remove the debt from XXXX credit reporting agency. It has been more than 45 days since the original request was sent.
Company Response:
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Finally, after multiple complaints, Resurgent Capital Services and LVNV provided proof to the CFPB that XXXX XXXX, XXXX XXXX XXXX, is reporting me for fees and interest in the amount of {$420.00} and {$9.00} in undocumented charges. XXXX XXXX XXXX and XXXX only respond to CFPB inquiries, never to my mailed direct inquires to them. Since I have not record of the {$9.00} in charges, how can I owe {$420.00}. Even if this is in accordance with some document I have no record of agreeing to, how can this be a fair credit practice?
Company Response:
State: FL
Zip: 339XX
Submitted Via: Web
Date Sent: 2017-08-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Many XXXX XXXX phone calls with 3 conversations with their representatives ( latest conversation was on XX/XX/XXXX ) explaining that the debt they are trying to collect is a result of identity theft and all required documentation was submitted to both the original creditor : XXXX XXXX XXXX and current creditor : XXXX , XXXX. The documentation included credit cards with XXXX XXXX that were in good standing with proof of address, FTC identification theft affidavit and City of XXXX incident report regarding identify theft were submitted on XX/XX/XXXX.Thereafter, no calls were received. However, since XX/XX/XXXX, started receiving phone calls. XXXX XXXX said the bought the outstanding loans from the XXXX , XXXX. Then, I received another letter dated XX/XX/XXXX from XXXX XXXX stating that XXXX , XXXX is willing to accept payment of {$190.00} within 30 days! This despite all documentation was provided disputing the charge.to everyone involved.
Company Response:
State: OH
Zip: 45040
Submitted Via: Web
Date Sent: 2017-08-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A