Date Received: 2015-08-15
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: I have received debt collection notices from a number of agencies for a credit card debt that I do n't owe. I have sent inquiries regarding documentation connected with this debt and have been ignored several times which prompted a new collection agency to contact me regarding this debt despite assurances from some of the agencies that contacted me earlier that I was billed in error ( different middle name ) and they would resolve the matter. The latest collection agency only gave me the option of filing an identity theft complaint form despite my informing them that this is n't the case! I wish to make a formal complaint to all of the associated parties and the original company that issued the debt notice.
Company Response:
State: NJ
Zip: 086XX
Submitted Via: Web
Date Sent: 2015-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-15
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: Lvnv funding , LLC. is reporting a debt on my credit report I have disputed with not only the reportimg agency but also with another debt collecting agency named XXXX, XXXX XXXX, XXXX XXXX have now filed a small claims suit over this debt against me, after numerous threats. LVNV Funding , LLC has not validated nor verified that I owe this debt. I have no recollection of ever having this debt or owning this account. This debt has also been re-aged on my credit report. I have belief that this an illegal tactic between LVNV Funding LLC AND XXXX, XXXX XXXX XXXX, XXXX.
Company Response:
State: MA
Zip: 02149
Submitted Via: Web
Date Sent: 2015-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-14
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I have attempted to contact the company to clear this debt and gotten no response. I believe it has been cleared.
Company Response:
State: LA
Zip: 708XX
Submitted Via: Web
Date Sent: 2015-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-08-13
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: In XXXX XXXX, I found 4 collection accounts on my credit reports that were listed by LVNV Funding. I disputed these accounts with the credit bureaus to no avail. I then disputed these accounts directly with LVNV Funding and requested the following validation pursuant to the FDCPA, 15 USC 1692g Sec. 809 XXXX b XXXX :1 XXXX A copy of the original consumer contract containing my signature. 2 ) A list of the transactions that make up the alleged outstanding balances on the accounts. 3 XXXX The name of the original creditor to whom the alleged debts are owed and written proof that LVNV Funding has been authorized by the original creditor pertaining to this matter to collect on these alleged debts XXXX Notice of Assignment XXXX. 4 XXXX Copies of the letters they should have sent me upon acquiring these alleged debts with proof of delivery from the postal service or courier they used to deliver said letters. 5 XXXX Explanations and calculations on amounts allegedly owed. 6 XXXX Proof that LVNV Funding is licensed to collect in my state, including license numbers and Registered Agent. I received no response from LVNV using the address listed by LVNV on my credit reports. A company called Resurgent Capital Services, which claim they manage the accounts for LVNV, responded by sending " account summary reports '' which do not comply with the disclosure requirements of the FDCPA ( see XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX. XXXX XXXX. When I call the phone number reported by LVNV, it connects to Resurgent. The actual corporate entity that claims I owe them money has never responded to my demands for validation and is impossible to contact, yet the credit reporting agencies list this contact information for LVNV as if it is accurate. I informed Resurgent that according to the FCRA, Section 609 ( a ) ( 1 ) ( A ), they are required by federal law to verify - through the physical verification of the original signed certified consumer contract - any and all accounts they request to be posted and or reported on a credit report, and unverified, invalid accounts must be removed. But since Resurgent Capital Services is not the reporting entity, I assume that LVNV Funding is somewhat akin to a " ghost '' entity they use to circumvent the laws set forth by the FCRA. I submitted a complaint to the XXXX and Resurgent Capital stated in a response to the XXXX that " all ownership rights were transferred to LVNV when these accounts were purchased from the previous creditors '', but a Notification of Assignment or bill of sale was not presented. Resurgent also stated that " verification of debt with validation '' was mailed to me for two of the accounts, but the documents sent did not constitute proper " validation '' under case law cited above. Resurgent also stated that " validation of debt '' for the other two accounts was not sent to me because I requested they cease contact with me. What I requested was no telephone contact and that all communications be in writing. On my XXXX credit report dated XXXX XXXX, XXXX these accounts are listed under " First Reported '' in " XXXX XXXX '', perhaps as a way to make the debts look fresh, but Resurgent claims these accounts were purchased in XXXX, and the original amount is not reported, which leads me to opine that Resurgent may be engaging in unconscionable conduct. A chain of custody on these alleged debts has not been provided. I am requesting the written documentation that is proof under established case law that LVNV 's claims are valid, and demand the right to deal with the entity that is listed on my credit reports, which in this case is LVNV Funding, not Resurgent Capital Services.
Company Response:
State: NC
Zip: 28054
Submitted Via: Web
Date Sent: 2015-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-12
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: Will not provide a transaction history to verify charges are mine.
Company Response:
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2015-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-08
Issue: Managing the loan or lease
Subissue:
Consumer Complaint: LVNV Funding LLC alleged that I have a debt that is 9 years old ( last payment date was XXXX/XXXX/2006 - enclosed LVNV1.pdf ). I repeatedly told them not to contact me for that alleged debt. I have filed XXXX separate complaints with the Bureau of Consumer Financial Protection ( BCFP ) last year. LVNV promised not to contact me. Nonetheless, they established another company named " Resurgent Capital Service LLC '' and continue harass me with unwanted mails sent to my address.
Company Response:
State: WA
Zip: 98632
Submitted Via: Web
Date Sent: 2015-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-06
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: I have written to this company and the previous alleged owner of this debt ( XXXX ) XXXX times and I have not received any response and/or verification of this debt. This account was previously owned by XXXX and they have now notified me that LVNV Funding has bought this EXPIRED debt. I verified with XXXX, XXXX and XXXX that this company and the previous company had not verified this debt in accordance with FDCPA section 809 A & B. No signed contract, canceled check and accountings as requested per my XXXX and XXXX letter to verify this debt was ever received. Also, please be advised the STATUTE OF LIMITATIONS for this account has expired. Also, this company allegedly purchased the debt on XX/XX/XXXX. This is NOT the date where the statute begins for an open ended account. This is an expired debt. The State of Nevada has a Statute of Limitations of XXXX ( XXXX ) years. This is an alleged debt from XX/XX/XXXX. As of this date, I still have Not received any paperwork, and/or verification of this debt from neither company the previous alleged owner : XXXX or the new company LVNV Funding , LLC.
Company Response:
State: NV
Zip: 89014
Submitted Via: Web
Date Sent: 2015-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-08-06
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: There is company on my credit report - LVNV Funding LLC reporting an account with the EXACT same account number that I submitted a complaint about earlier from XXXX XXXX that I do not recognize. I 'm guessing it is a collection agency but I do not know. It was reported XXXX and the status says " chargeoff or collection '' with a balance of {$2100.00}. I do not have anything with this account number not have I ever heard of LVNV Funding LLC .
Company Response:
State: IL
Zip: 620XX
Submitted Via: Web
Date Sent: 2015-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-04
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I contacted XXXX XXXX XXXX to get a written statement of debt so I could pay it off. The debt was a result of a real estate short sale in XX/XX/XXXX. The HUD agreement was {$5000.00} to include an initial payment of {$2000.00} at closing from the bank and I would make 71 payments of {$49.00}. Resurgent Mortgage sold their debt to XXXX XXXX XXXX in XX/XX/XXXX. At this time, it seems they failed to include important information regarding their agreement with me and the terms of the settlement. I contacted XXXX XX/XX/XXXX. My intention was to pay off the debt. According to my calculations, I should only owe around {$1000.00}. I was told that I owed over {$17000.00}. I explained the situation, even sending them the original Settlement statement and 2 years of bank statements showing payment history. For the last 3 months I have been calling and attempting to get a settlement statement. I talk to someone different each time and they assure me that I will receive the amount in 5 days. The last call was made on XXXX XXXX, XXXX and the CS agent told me my balance was {$960.00}. Today is XXXX XXXX which is 9 business days from the last request. The " new '' person I talked to began with the same amount due of {$17000.00}. When he finally looked at the note from XXXX/XXXX/XXXX, he told me that nothing had been done around my request for a settlement statement. At that point, I asked to be transferred to a supervisor.
Company Response:
State: OR
Zip: 97222
Submitted Via: Web
Date Sent: 2015-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-08-04
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was discharged in bankruptcy
Consumer Complaint: debt was written off XXXX XXXX 2000 XXXX years ag0. resurgent capital servives now trying to collect.XXXX year statute in California..do I need to pursue legal action to get this stopped?
Company Response:
State: CA
Zip: 92583
Submitted Via: Web
Date Sent: 2015-08-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No