Date Received: 2015-10-08
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: The statute of limitations has expired on the debt.
Company Response:
State: NY
Zip: 125XX
Submitted Via: Web
Date Sent: 2015-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-07
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Discovered a collection account # XXXX XXXX XXXX XXXX on my credit report. Mailed a certified validation letter to Resurgent Capital Services/ LVNV funding dated XXXX XXXX, 2015 and signed for on XXXX XXXX. Received a letter dated XXXX XXXX that an investigation was initiated on my behalf. I have heard nothing else from them. The validation of this account was not completed within the 30 day period allowed by the FCRA.
Company Response:
State: TN
Zip: 37122
Submitted Via: Web
Date Sent: 2015-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-05
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: RELIEF SOUGHT : I am seeking relief from any and all agents, clients, persons, individuals, entities, representatives, debt collectors, debt collection entities, debt collection servicers, and anyone and anything in a paid or unpaid connection or relation to any and all former, present, and future companies, entities, businesses, clients, and the like associations with LVNV Funding , LLC ; Resurgent Capital Services L.P. ; XXXX XXXX XXXX. ; Resurgent Capital Services PR LLC ; PYOD LLC ; XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX ; XXXX XXXX, XXXX ; The Sherman Companies ; Sherman Companies ; XXXX ; XXXX, XXXX ; XXXX XXXX XXXX XXXX , XXXX ; and anyone and anything that not specifically mentioned herein but may have been, may be presently, or may be future connected or related to any and all of the aforementioned. The aforementioned have claimed that I owe debt. Any and all claims and assertions that I owe debt are unsubstantiated and the alleged debt is time-barred. The aforementioned have sent me " Settlement Offer '' letters. I have not been sued, nor have I ever been served. The " Settlement Offer '' letters imply that I have been sued or will be sued if I do n't " settle. '' The aforementioned can not sue me on time-barred debt. The time-barred alleged debt allegedly has been time-barred for close to or over a decade. The aforementioned have failed to disclose that the alleged debt is too old for litigation and has implied a legally enforceable obligation to pay the alleged debt. To be clear : This complaint is not a dispute. I am not disputing nor acknowledging a debt or an alleged debt. I am not disputing nor acknowledging the amount of the alleged debt or any amount or portion thereof. I am not requesting documentation of the time-barred alleged debt. I am not seeking verification of the time-barred alleged debt. This is not a dispute, Section 809 ( c ) of the FDCPA, 15 U.S.C. Section 1692g ( c ). The aforementioned have violated federal and state law. I want the aforementioned to stop harassing me and to stop collection. I seek that aforementioned not sell or transfer to another the time-barred alleged debt so that others may not harass me over a time-barred alleged debt. Unless the aforementioned complies with my sought relief, I will pursue legal action. VIOLATIONS OF LAW : Sections : 1031 ( a ) and 1036 ( a ) of the CFPA, 12 U.S.C. Sections 5531 ( a ) and 5536 ( a ) : Unfair Deceptive and/or Abusive Acts or Practices by falsely representing the character and legal status of the debt. Section 807 of the FDCPA, 15 U.S.C. Section 1692e : Prohibits Debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. Section XXXX ( XXXX ) ( A ) of the FDCPA, XXXX U.S.C. Section XXXX ( XXXX ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any debt. Section 392.304 ( a ) ( 8 ) of the Texas Finance Code, Title 5 Chapter 392 Subchapter D : Fraudulent, Deceptive, or Misleading Representations by misrepresenting the character and legal status of the debt and implying the alleged debt is in a judicial or governmental proceeding. CEASE COMMUNICATION : Pursuant to Section 805 ( c ) of the FDCPA, 15 U.S.C. Section 1692c, I am writing that, upon closure of this CFPB complaint, I wish the aforementioned, debt collectors, and anyone and anything that not specifically mentioned but may have been, may be presently, or may be future connected or related to any and all of the aforementioned to cease any and all further communication with me. This notification from me to the aforementioned establishes, constitutes, and satisfies reasonably the requirements of Section 805 ( c ) of the FDCPA that my requests for cease communication must be in writing. Upon closure of this CFPB complaint, all communication must cease.
Company Response:
State: TX
Zip: 78216
Submitted Via: Web
Date Sent: 2015-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-01
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Resurgent obtained the right to collect on our mortgage. On XXXX XXXX, Resurgent agreed to release the lien within 30 days after we sent them {$5700.00}. They have not released the lien. On XXXX XXXX, they said that I had to pay them by XXXX XXXX, or the deal was off and I would have to " renegotiate '' with them. When I tried to explain that the cashiers check had to come from Florida and be mailed to them, their representative, XXXX, raised her voice and harshly let me know that was the final word. I told her that I would get the check to her as soon as I received a letter committing that the payment was payment in full and the lien would be released within 30 days of receipt. On the XXXX, we had received nothing. We called every day and were continually assured by both XXXX and her supervisor XXXX, that the letter was in the mail. On the XXXX, I spent money I did n't have to get an online fax account. On the XXXX, XXXX faxed me a letter which met my criteria and I put the check in the mail. They received it on the XXXX of XXXX. On the XXXX of XXXX, I received the letter from them which bore the date of XXXX XXXX. The letter had been franked on the XXXX and accepted by the post office on XXXX XXXX. I think the letter was backdated and they intended for me to get the letter after the XXXX so they would have an excuse to demand more money. Alternatively, if I had been foolish enough to send the check without their written commitment to accept it as payment in full and release the lien, they could have demanded more money. The letter states that the paperwork will be sent to me but Kentucky law states that original paperwork has to be sent directly to the county clerk 's office, with copies to me within 30 days. I did not know that at the time, but I do not think I am responsible for telling them their legal obligations. I called them several times today trying to straighten this out. XXXX was surprised today when I told her that Kentucky required the original paperwork be sent to the Clerk. XXXX finally told me she would look into it and told me she would call. I waited 15 minutes past the time she said she would call and then called her. She was at lunch. Her supervisor has been " in a meeting '' all day. This is typical of the way this company operates. Tomorrow I will send them a copy of applicable Kentucky law along with mailing and contact information for the XXXX County clerk here in Kentucky. Please incentivize them to end their coffee break and do their jobs.
Company Response:
State: KY
Zip: 424XX
Submitted Via: Web
Date Sent: 2015-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-01
Issue: Cont'd attempts collect debt not owed
Subissue: Debt resulted from identity theft
Consumer Complaint: This debt is 10 years old & was part of id theft. i have disputed this with all XXXX credit agencies. Thank you for helping me
Company Response:
State: AZ
Zip: 85257
Submitted Via: Web
Date Sent: 2015-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-01
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: I received a debt collection letter from LVNV Funding LLC on a XXXX XXXX Bank debt. I inquired about this debt, informing LVNV that it is not mine, I have never had a XXXX XXXX account and I received a letter in the mail saying the debt was bought out by Resurgent Capital Services. They claim the debt was opened in 2002 by myself with my current address, which tells me that they truly do not have a valid debt on me. When I called Resurgent to inform them that the debt was not mine and that it needs to be removed from my credit report, they said they 'd look into it and proceeded to send me another letter with the same information claiming I opened the account in 2002.
Company Response:
State: CO
Zip: 80211
Submitted Via: Web
Date Sent: 2015-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-28
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I currently do not have any outstanding accounts. The debt collector 's name is XXXX XXXX XXXX XXXX XXXX XXXX. The only information provided about the creditor is : LVNV Funding LLC and the original creditor is XXXX ( XXXX ), XXXX XXXX. I have never had any creditor named like neither XXXX. When I called they said I should call XXXX XXXX or XXXX because it is an old account. I do not have any outstanding accounts with them either.
Company Response:
State: FL
Zip: 34667
Submitted Via: Web
Date Sent: 2015-09-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Resurgent is reporting twice on my credit reports. Resurgent is also known as LVNV funding and is the same company.. I have a resurgent and lvln account on my profile for the exact same thing. They are double reporting on my credit report which is in violation of the FCRA, Furthermore they are reporting these as loans and this company did not take over the loan nor did I sign loan contract with them, they should be reporting as a " Debt Buyer '' as they are n't a lending company or financial institution.
Company Response:
State: TX
Zip: 78210
Submitted Via: Web
Date Sent: 2015-09-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-25
Issue: Other
Subissue:
Consumer Complaint: I obtained a credit card from XXXX bank and due to unforseen circumstances the credit card went unpaid and eventually the debt was sold to a collection agency. This credit card was opened more than 7 years ago and it is reflected as negative information on my credit profile. According the Federal Trade Commission no debt can be reported if it is more than 7 years old and in this case it fully applies. I have written directly to the collection agency and they are LVNV FUNDING LLC and they have refused to reply to my letters.
Company Response:
State: CA
Zip: 90025
Submitted Via: Web
Date Sent: 2015-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-24
Issue: Shopping for a loan or lease
Subissue:
Consumer Complaint: I had a line of credit that should not be reporting on my credit bureau. The credit line was originally with XXXX and then it was sold to XXXX XXXX in XXXX of 2014. My payments to XXXX were supposed to start XXXX of 2014 however I never received any statements from XXXX. In XXXX of the same year I receive a collections letter from LVNV Funding saying the line of credit has been sold them and is now reporting on my credit report. How can it be reporting any my credit as derogatory if I never receive statements or made late payments? I called XXXX XXXX and they have no record of this loan in my name of being sold. Due to the inaccuracies of this information I 'd like the CFPB to investigate this and ultimately have the collection removed.
Company Response:
State: GA
Zip: 30017
Submitted Via: Web
Date Sent: 2015-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No