Date Received: 2015-06-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Reporting XXXX different balances. I was informed the extra balance is a " collection fee ''. I have never heard of this.
Company Response:
State: ME
Zip: 040XX
Submitted Via: Web
Date Sent: 2015-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-01
Issue: Disclosure verification of debt
Subissue: Not disclosed as an attempt to collect
Consumer Complaint: To Whom It May Concern ; I am writing you to lodge a formal complaint against LVNV Funding LLC . Over the past year I have spoken to several lawyers and members from XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) who pointed out several issues that appear on my credit report. To date, LVNV Funding has reported derogatory remarks with all three credit reporting agencies ( XXXX, XXXX and XXXX ) without proper notification. Please note the following case : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Case No. XXXX ( XXXX ) UNITED STATES DISTRICT COURT, DISTRICT OF MINNESOTAConsistent with the views of the FTC -- and consistent with the views expressed in XXXX, XXXX, and XXXX -- the XXXX finds that XXXX was engaged in " collection of the debt '' in violation of XXXX ( when it reported XXXX 's disputed debt to the CRAs before sending verification of that debt to XXXX. The Court therefore agrees with Judge XXXX that XXXX is entitled to summary judgment as to liability on his FDCPA claim. No debt collector is required to report a debt to a CRA before verifying that debt to a consumer -- and thus, as the Court held above, it is reasonable to view such a practice as a species of debt collection prohibited under XXXX ( XXXX, XXXX 's XXXX-based employees violated the FDCPA when they reported that debt to the CRAs before first verifying the debt to XXXX. XXXX v. XXXX XXXX XXXX, XX/XX/XXXX XXXX XXXX, XXXX ( XXXX. XXXX XXXX XXXX, XX/XX/XXXX ) ; see also XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX. XXXX XX/XX/XXXX ) This case specifies that the consumer must have the debt verified by dunning letter or communication prior to reporting to the credit reporting agencies. I was never notified via dunning letter or any other form of communication by LVNV Funding of any debt. Therefor LVNV is in violation of the above statue. Furthermore, I would like for your agency investigate the following circumstances into the account in this matter:1. LVNV Funding is listed on XXXX as a Factoring Company, when per FCRA collection companies are not. XXXX XXXX XXXX XXXX XXXX, XXXX, a XX/XX/XXXX decision by the United States Court of Appeals for the XXXX XXXX which re-characterized a factoring transaction as a secured borrowing rather than a " true sale '' of accounts. In the XXXX case the court stated " the so-called factoring agreement is the functional equivalent of a secured lending agreement. '' Whether the agreement is a secured loan or a true purchase of receivables turns on whether there was an actual transfer of the risk of loss. A transfer of risk occurs when the account seller 's debt is extinguished, and the account purchaser 's " risk with regard to the performance of the accounts is direct. '' The court in XXXX explained that the parties had " confected '' a secured loan or revolving line of credit, rather than a true sale of assets, through a percentage advance subject to the lender maintaining a reserve in any amount the lender deemed appropriate. 2. LVNV Funding is adding on varying fees to the balances on each report per month sometimes {$3.00}, sometimes {$11.00}, sometimes $ XXXX the past 6.5 years. There is no basis for these add on fees or was I given any detail on these so called interest charges. I would like to see the authorized agreement creating the debt or a copy of the original card agreement to prove collecting the interest is permitted. ( I have documents as proof ) I am requesting your agency look into these allegations and assist me in having these erroneous illegal marks removed from all XXXX CRAs a deletion from all three credit reporting agencies. I felt compelled to urge your office to help me in my crusade to remove LVNV Funding and reestablish my credit and protect low income minority families that ca n't afford to fight these types of collection agencies.
Company Response:
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2015-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-01
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: LVNV Funding/Resurgent scheduled a judgement hearing without my knowledge. Additionally have sent it to XXXX different attorneys in XXXX different states. I found out about the judgement through an attorney advertisement stating a judgement has been filed against me. I have asked LVNV to verify/validate this so called debt I owe under the FCRA Laws and LVNV is unable to rightfully validate/verify what this so called amount I owe. Their false reporting and filing of judgements has caused severe hardships for myself and my family. I have asked them to remove from the credit reporting agencies since XXXX XXXX, 2014. They repeatedly send the same nonsense paperwork stating this has been properly validated. They admitted to sending the judgement to a wrong address they had as my address. This is not my debt I have never lived at the address they say. This company should be reported and stopped from harming the United States public. additionally ruining lives and harming families. Also LVNV is in violation as re-aging the account. Not reporting the accounts to the CA 's each CA report shows the account as different types, dates, amounts etc.
Company Response:
State: NJ
Zip: 07871
Submitted Via: Web
Date Sent: 2015-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-29
Issue: Taking/threatening an illegal action
Subissue: Sued w/o proper notification of suit
Consumer Complaint: I had a XXXX card open in connection with my XXXX 's XXXX memebership. When I lost my husbands income I was unable to make full payments. They then placed me in collections and refused to take less than total amount due. I was then given papers saying they were going to put a judgement against my house. I was advsied an unsecured debt could not take my home so I did fail to show up to court. I now have a judement against my property and am unable to refinance my home. I want this investigated because I am still being told they are not able to do this. I tried to offer their collection agencie XXXX XXXX XXXX a payment of {$2000.00} to settle. They advised they would remove the judgement but continue to try to collect. I am scared to pay and end up with another judgement against my home. I have no other accounts in default everyone else worked with me.
Company Response:
State: TX
Zip: 76131
Submitted Via: Web
Date Sent: 2015-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-27
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Lien placed on my residence when debt is not mine. Person who the debt belongs to has same last name and same last XXXX of SSN, however different first name and middle initial than mine.
Company Response:
State: CA
Zip: 91977
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-26
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: on XXXX XXXX I sent a certified letter containg a credit validation letter to the company to validate the account which they recieved on XXXX XXXX and I never recieved a response and the item still remains on my report
Company Response:
State: PA
Zip: 18976
Submitted Via: Web
Date Sent: 2015-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-26
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: On XX/XX/XXXX a request for judgment in the amount of {$1100.00} plus costs ( now over {$1400.00} ) was asked on behalf of the XXXX XXXX XXXX from a debt collector through attorneys XXXX, XXXX XXXX XXXX XXXX XXXX acting on behalf of LVNV Funding. I never received notice of this while the Plaintiff tried to reach me via server or certified mail during XX/XX/XXXX because I had moved to XXXX that month. The XXXX XXXX XXXX ordered a notice issued in the XXXX XXXX XXXX. Again, I never read the paper after living in the county and town of XXXX for XXXX years after moving to XXXX in XXXX. A default judgment was awarded to the plaintiff by the court and I only found out about it in XX/XX/XXXX when I received notice I would be garnished in the amount of 25 % of my wages. I contested the garnishment on the basis I was not notified and this was not my debt. On XX/XX/XXXX the judge denied my appeal and the garnishment has continued. I contend that this debt is not mine and I have asked the current attorney, XXXX XXXX XXXX at XXXX, XXXX XXXX XXXX for proper proof that this is my debt. He stated he would have to take some time to do so. In the mean time I have received another letter from XXXX XXXX XXXX XXXX, on behalf of LVNV, for {$3300.00} for another debt that is not mine. I am in the process of asking for proof of this debt. The only negative marks on my credit report are from LVNV and XXXX XXXX, another collection agency related to LVNV. I believe that LVNV is fraudently garnishing my wages and attempting to collect more through illegal and immoral practices. Their license was taken away in Maryland a few years ago and ordered to pay restitution of over {$10.00} XXXX to people they had collected funds from in which they had no right to do so. I am looking for a stop of all collection attempts and garnishments. While the XXXX XXXX XXXX XXXX have followed the law in denying my request for appeal, I believe that this debt must be proven to be mine by the collector before being able to do so. If in criminal court a person is innocent until proven guilty then should n't this also hold true for civil cases? By the way, the only paperwork given to the court by the original attorneys in this case is a blank credit card agreement with no name, social security number, account number, amount, or signature. How can this be used to show that I owe anything to this company?
Company Response:
State: MI
Zip: 486XX
Submitted Via: Web
Date Sent: 2015-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-25
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: A collection company lvnv is reporting XXXX accounts under collection that are zombie debts. LVNV created a reporting date of XXXX 2015 that is well past the statue of limitations for the collection of the XXXX debts. Additionally those XXXX debts were settled with the original lender through XXXX XXXX who your agency sued. I have sent certified mailing to all XXXX bureaus and the collection company demanding they remove collection from reporting, and to cease and exist.
Company Response:
State: FL
Zip: 32084
Submitted Via: Web
Date Sent: 2015-05-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-24
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: XXXX bought a credit card debt from another creditor. I have been making payments on the debt. I have paid them the principle and more. The $XXXX balance is all the late fees. I mailed them a settlement letter on the XX/XX/2015 and they have not responded to me by mail. I requested that I wanted to be contacted by mail only. They have sold this debt to another collection agency, but they are still collecting the debt. Credit Limit $XXXX High Credit $XXXX Balance $XXXX Past Due $XXXX
Company Response:
State: GA
Zip: 30117
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-23
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: I declare hardship In XXXX with the debtors..the account was closed and reopened XX/XX/XXXX..without me knowing they 're trying to collect a debt from XX/XX/XXXX..they 've been harassing me & lt ; Account # XXXX {$550.00} Balance XXXX Original Creditor {$500.00} High Balance XX/XX/XXXX Opened Date XXXX XXXX, XXXX Last Reported ... Account # XXXX {$1500.00} Balance XXXX Original Creditor {$770.00} High Balance XXXX XXXX, XXXX Opened Date XXXX XXXX, XXXX Last Reported By LVNV FUNDING LLC..they are trying to collect a debt then I do n't know.how do I get help taking care of this because they do n't have original records anyone ever tell me about my account.when they result in that account without my knowledge..have my limitation has been violated? I do n't know
Company Response:
State: CA
Zip: 93555
Submitted Via: Web
Date Sent: 2015-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No