Date Received: 2016-12-12
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: I have a a unverified account from XXXX XXXX RESUGGENT CAPITAL SERVICES # XXXX. I had previously disputed this account. I have never done business with XXXX XXXX RESUGGENT CAPITAL SERVICES. Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) XXXX I dispute the validity of the debt purport I owe. I request that PINANACLE LLC/ RESUGGENT CAPITAL SERVICES Provide verification of the following : 1. ) The original Application or contract ; 2. ) Any and all statements allegedly related to this debt ; 3. ) Any and all signed receipts ; 4. ) Any and all canceled checks ; 5. ) Original date of default and collection activity begin 6. ). Whether you purchased the debt, and if so, the amount paid for the debt 7. ) The date ( s ) the debt allegedly accrued ; 8. ) An itemization of the costs, including an accounting, for any additional interest, charges, or other fees placed on this account. I want to request that PINANACLE LLC/ RESUGGENT CAPITAL SERVICES Cease and Desist all further communications and collection actives and provide the verification of the purported debt.
Company Response:
State: OH
Zip: 43220
Submitted Via: Web
Date Sent: 2016-12-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-08
Issue: Cont'd attempts collect debt not owed
Subissue: Debt resulted from identity theft
Consumer Complaint: I was a victim of identity theft and noticed a collection from Lvnv Funding I 've attempted to dispute multiple times however no response on their end. Not sure what else to do. Police department told me to contact the federal trade commision which I wrote a formal complaint against LVNV Funding in regards to this matter. The FTC also instructed me to complete a id theft affidavit through identity theft.gov. Attached is my document. Thank you
Company Response:
State: TX
Zip: 77084
Submitted Via: Web
Date Sent: 2016-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-08
Issue: Cont'd attempts collect debt not owed
Subissue: Debt resulted from identity theft
Consumer Complaint: I was a victim of identity theft and noticed a collection from LVNV FUNDING LLC I 've attempted to dispute multiple times however no response on their end. Not sure what else to do. Police department told me to contact the federal trade commision which I wrote a formal complaint against LVNV FUNDING LLC in regards to this matter. The FTC also instructed me to complete a id theft affidavit through identity theft.gov. Attached is my document. Thank you
Company Response:
State: IL
Zip: 60611
Submitted Via: Web
Date Sent: 2016-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-07
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Debt Collector continues to report, twice, a debt which has been paid to the original creditor.
Company Response:
State: OH
Zip: 43230
Submitted Via: Web
Date Sent: 2016-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-07
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was discharged in bankruptcy
Consumer Complaint: Having financial hardship after XXXX, I fell behind on my XXXX credit card. When I became financially sound, I negotiated a auto payment plan with XXXX 's collection agency. However, after a year of auto payments, unknown predatory collection company LVNV Funding LLC bought the debt and demanded I pay the debt in full, or they were going to sue me. I called XXXX and said the debt was discharged. LVNV harassed me for years by calling my home and work multiple times daily without providing invoices of my credit card transactions. Then, this XXXX I was wrongfully sued by a predatory law office XXXX who works for LVNV. After doing research, I discovered that these two company prey on working class citizens in Louisiana. So, I thought I was being scammed. Because I ignore the law suit and could not explain my case in Civil Court, the judge ruled in their favor. To make matters worst, Since my hands were tied, I spoke to XXXX at XXXX and told her I could negotiate after the Holidays. She ignore my request and started garnishing my wages for $ XXXX for a {$3500.00} initial debt. Now, I owe over {$8000.00} and counting. I am embarrassed to go to work. Because I can not pay all my monthly expenses ( mortgage, car, utilities, college tuition, medication for XXXX now, I my have file for bankruptcy. My credit score is almost 800.
Company Response:
State: LA
Zip: 70131
Submitted Via: Web
Date Sent: 2016-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-05
Issue: Cont'd attempts collect debt not owed
Subissue: Debt resulted from identity theft
Consumer Complaint: LVNV FUNDING LLC ACCOUNT NUMBERs : XXXX XXXX/XXXX/XXXX Address : XXXX XXXX XXXX, XXXX, TX XXXX Phone : XXXX ATTENTION TO DISPUTE DEPARTMENT : Dear Sir or Madam : I am a victim of identity theft. An identity thief used my personal information without my permission to open an account several account in my name this debt is not mine. I have enclosed proof of my identity and a copy of my Identity Theft Report. In accordance with the Fair Debt Collection Practices Act, I am asking you to stop collection proceedings against me and stop communicating with me about this debt, except as the Fair Credit Reporting Act allows. I also ask that you LVNV FUNDING LLC or any company associate with this account # XXXX and tell them the debt is the result of identity theft. I have enclosed a copy of the Federal Trade Commission 's police report Notice to Furnishers of Information. It explains your responsibilities under the Fair Credit Reporting Act ( FCRA ). The FCRA requires that debt collectors give an identity theft victim documents related to an account if the victim asks. Please send me copies of all records relating to the account, including : date account open all sign original contract including : Account applications made on paper, online, or by telephone Account statements or invoices Records of payment or charge slips Delivery addresses associated with the account Records of phone numbers used to activate or access the account Signatures on applications and accounts Investigators report Please send me a letter explaining what you have done to : LVNV FUNDING LLC or any company associate with this account that the debt is the result of identity theft Stop collection proceedings against me Stop reporting information about the debt to credit reporting companies Provide me with the records I request Thank you for your cooperation. Sincerely, XXXX SOC SEC # XXXX DOB XXXX/XXXX/XXXX ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX
Company Response:
State: FL
Zip: 33319
Submitted Via: Web
Date Sent: 2016-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-06
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was discharged in bankruptcy
Consumer Complaint: After survivng Hurricane XXXX and XXXX oil spill, predatory company LVNV Funding LLc sued me, won and now garnishing my paycheck for $ XXXX/month. They stated that they bought a 15 year old XXXX XXXX credit card debt that I was paying every month. Because I refused to pay them three times what I was paying XXXX monthly, they hired a local attorney and sue me in XXXX XXXX Court. I missed the court date and could not afford an attorney because of work. So, the judge favored them without my defense. What can I do to stop this illegal action?
Company Response:
State: LA
Zip: 70131
Submitted Via: Web
Date Sent: 2016-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-29
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I mailed a letter XXXX requesting debt validation to LVNV on XXXX/XXXX/16. In that letter, I invoked my rights under the Texas Finance Code 392.202. They have failed to provide proper validation, Texas law requires that they delete their reporting, and cease all collection activities until FULL VALIDATION UNDER TEXAS LAW IS PROVIDED. Sec392.202 requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including : The name and address of the original creditor The original date of default or non-payment of the debt with original creditor The date the debt was transferred from the original creditor to the third party debt collector The original balance The current balance Any fees added by the agency. Sec. 392.303 ( a ) ( 2 ) Texas Surety bond information as required by Sec. 392.101. LVNV is also deliberately treating a debt validation under Texas Financial Code as if it were a dispute under FCRA. I believe this to be an abusive application of the FCRA dispute process, as placing dispute comments derails credit applications. This seems to be a common tactic lately, and their intent is to discourage consumers from seeking their rights to debt validation under FDCPA and state statutes. In my letter, it states I am requesting validation. They are broadly interpreting the term dispute. If LVNV DID actually consider the letter to have been a reportable dispute, then they must treat it as a direct dispute and investigate it as such, conclude that investigation within 39 days, and send a NOTICE OF RESULTS to the consumer. They thus did not treat it as a direct dispute, undermining their statement that it was a dispute.
Company Response:
State: TX
Zip: 76020
Submitted Via: Web
Date Sent: 2016-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-25
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I have requested proof on two separate occasions that I am indeed the party that LVNV is asking to pay this debt, and that there is some contractual obligation which is binding on me to pay this debt. LVNV failed to provide : 1. Proof that LVNV are licensed to collect debts in the state of Texas. 2. A copy of the contract between LVNV and the original creditor. ( Agreement with your client that grants you the authority to collect on this alleged debt ) 3. A complete and full accounting transaction history ( the requirement of which has been established via Spears v Brennan 745 N.E.2d 862 ; 2001 Ind. App. XXXX 509 ) 4. Copies of the certified original contracts which include my name, social security number, and true signature. ( Agreement that bears the true signature of the alleged debtor wherein he agreed to pay the original creditor. )
Company Response:
State: TX
Zip: 78251
Submitted Via: Web
Date Sent: 2016-11-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-19
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I found out I owed a debt after I moved to a different state. A collection agency contacted me and said if I paid {$75.00} the debt would be cleared from my credit and resolved. This was in 2011 XXXX XXXX and Resurgent keep reporting the debt and are harassing me for additional funds.
Company Response:
State: MA
Zip: 01545
Submitted Via: Web
Date Sent: 2016-11-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No