Date Received: 2015-05-08
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Dear CFPB, this complaint is in response toXXXX and XXXX investigation and verification of an public record that appears only on XXXX XXXX 's XXXX and XXXX credit file that is being erroneously reported as verified by the furnisher, when the original creditor and the debt collector have removed their tradeline but still report this public judgment falsely as due and owing by I, XXXX XXXX XXXX without due process. Reference Case ( s ) # XXXX. LVNV Funding has yet to respond to dispute in writing. Under 15 U.S. Code 1692g - Validation of debts ( b ) Disputed debts '' If the consumer notifies the debt collector in writing within the XXXX period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. '' LVNV FUNDING LLC has not complied with this requirement. Debt collector : LVNV FUNDINGoriginal creditor : XXXX, XXXXPartial acct # XXXX ... ( This account is being reported by XXXX as a charge off and debt was sold to another lender. LVNV FUNDING is reporting this as a open account, {$850.00} is due and owing, but as a public record jugdement, {$980.00} is owed. Spoke with several persons on XXXX/XXXX/15, from XXXX who referred me to speak to someone at XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and XXXX. I have sent the debt dispute letter to LVNV Funding certified mail with green receipt. A individual named XXXX XXXX signed for it as an agent for XXXX on XXXX/XXXX/15, but as told by someone named XXXX at XXXX who is handling account for LVNV, contact XXXX speak to a man named XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX. So this is a total diversion to not meet my demand and continue collection on a unsecured credit card debt that is not mine.
Company Response:
State: NY
Zip: 139XX
Submitted Via: Web
Date Sent: 2015-05-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-07
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: A garnishment was initiated for an unspecified debt. I never have received a notice to court to dispute or arrange payment. I have never received any phone call or message from the debt collector to discuss this with me in any way. The paper work I receive comes to me XXXX week after each wage garnishment is initiated, and contains no notary seal. They send a letter to my employer and tell him to begin taking money, and only after the XXXX deduction, I receive a letter telling me they are deducting money. I have looked at the paperwork my employer received and there is no notary seal or court seal. I have never received a court document of any kind saying that this was going to court in the XXXX place, but the letters I receive and the letters sent to my employer, say this has already went to court and I lost the case? My employer wage garnishment letter has no court seal or notary seal on it either. How do i know this is legit? The letters my employer received do n't even include his last name or title on the paperwork. These papers could have been printed off of any home computer by anyone, as there is no official raised stamp or raised seal of any kind on anything. The only debt I can think of is an unpaid medical loan almost XXXX years ago. This company started sending these letters to my employer to garnish my wages for " a debt '' never saying what debt about XXXX years ago. The attached copies of the form letters are the most recent I received ... and that was XXXX week after the deduction was made from my paychecks.
Company Response:
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2015-05-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-07
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: LVNV/Resurgent is XXXX again continuing to violate the FDCPA requirements for validating the alleged debt ; the most important being the original alleged creditor 's contract with my signature ( or at least a certified copy of the original contract ( certified by the original creditor 's custodian of records ) ). My original Debt Validation Letter lists this request, as well as requests for a letter of assignment from the alleged original creditor ( evidence that the collection agency owns the alleged debt ) and the exact calculations supporting the alleged debt amount. Again, they continue to ignore these XXXX specific requests. LVNV/Resurgent lacks sufficient information and belief in order for me to admit or deny this alleged debt. In addition, LVNV/Resurgent fails to state a claim upon which relief may be granted and that their claims are barred by the doctrine of laches and the principle of waiver. Until LVNV/Resurgent provides the original alleged creditor 's contract with my signature ( or at least a certified copy of the original contract ( certified by the original creditor 's custodian of records ) ), their basis is on a contract that is an adhesion contract and a contract that is illusory and therefore unenforceable. And where is the calculation of interest? The calculation stated in their response is usurious or based on a rate that is greater than allowed by law. I respectfully ask LVNV/Resurgent XXXX again to provide the XXXX specific items noted in this response and again following : - the original alleged creditor 's contract with my signature ( or at least a certified copy of the original contract ( certified by the original creditor 's custodian of records ) ) - the letter of assignment from the alleged original creditor ( evidence that the collection agency owns the alleged debt ) - the exact calculations supporting the alleged debt amountIn closing, I would like to publicly invoke the Doctrine of Unclean Hands as LVNV/Resurgent acted in a dishonest or fraudulent matter with respect to the dispute at hand in this situation.
Company Response:
State: CA
Zip: 90266
Submitted Via: Web
Date Sent: 2015-05-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-04
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I sent a debt validation letter to LVNV Funding on XXXX XXXX, 2015 and they failed to validate my debt within 30 days of sending the notice.
Company Response:
State: NY
Zip: 10305
Submitted Via: Web
Date Sent: 2015-05-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-04
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: XXXX said opened a account on XXXX XXXX 2000.I did not open an account then nor do I have one now. They say I owe {$7400.00}. I have no idea what this is about.
Company Response:
State: VA
Zip: 23111
Submitted Via: Web
Date Sent: 2015-05-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-04
Issue: Taking/threatening an illegal action
Subissue: Sued w/o proper notification of suit
Consumer Complaint: this is the same complaint ive been complaining about and since my wages will be garnished I will have to file Chapter XXXX ... in XXXX a XXXX dollar line of credit with XXXX then sold to XXXX XXXX went into default due to a termination of my job thru no fault of my own ... I told my boss about my XXXX and he began taking work away from me and giving it to less skilled workers ... with that XXXX and this issue is adding unneccesary stress in my life ... at that time of turmoil with no money and house payments and truck payments and pets and other bills and food XXXX XXXX reps were calling me harassing me telling me the sheriff will be at my house soon to take my house and that i will go to jail ... they called me at off hours and i was an emotional wreck and they didnt help ... .I didnt find substantial employment until XXXX and i had to pay family friends and other things back ... so in XXXX lvnv on behalf of XXXX XXXX has the courts issue me a summons ... XXXX XXXX was bought out by XXXX in XXXX of XXXX so why is a bottom feeder who buys debts for pennies on a dollar representing XXXX XXXX sueing me when they dont even own the debt? i answered the summons i got in XXXX pro se which i have a right to do and requesated proof of debt, ownership of debt and how much the debt was actually bought for ... I hear nothing back so i figured the issue was mute. I got another XXXX in XXXX and believed it to be a scam from lvnv funding to get money from me so I ignored it. then i get a court ordered wage garnishment. I responded to the courts and explained that i thought it was a scam and again requested proof and also to vacate the judgement as it would incure an financila hardship. I heard nothing back from the courts. I contacted the nys attorney generals office, the garnishment from XXXX stopped. Then they started again last XXXX. Then they stopped and now theyre starting again. The original amount was XXXX dollars, now its well over XXXX. The account went into default in XXXX that would make it past the statute of limitations. I am not going to pay them this amount of money especially when they bought the debt for less than XXXX. I will file chapter XXXX.
Company Response:
State: NY
Zip: 14020
Submitted Via: Web
Date Sent: 2015-05-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-02
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: LVNV FUNDING LLC seems to be on my reports it shows I owe {$130.00} for an account I have no knowledge off.LvnV IS ACTUALLY on my reports XXXX XXXX different accounts XXXX as lvnv XXXX as XXXX XXXX and various addresses for the collection company. I have no knowledge of this accounts I believe they are not mine.show me proof or anything because I have never heard of this. LVNV FUNDING XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXXLVNV FUNDINGXXXX XXXX, XXXX XXXX XXXXXXXX different addresses across the country with same phone number I have tried XXXX address and numbers unsucessfuly
Company Response:
State: AR
Zip: 72019
Submitted Via: Web
Date Sent: 2015-05-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-03
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: My XXXX XXXX Credit Card Account was charged off and sent to collection with prior notification. I was not contacted at my current address and FDCPA ( codified as 15 U.S.C. 1692 -1692p ), FCBA guidelines for Debt Collection were not followed by Resurgent Capital before reporting to XXXX , XXXX and XXXX . I was shocked to see the collection account on my credit bureau reports, reporting as LVNV Funding which is associated with Resurgent Capital, and immeditaley contacted them and paid the settlement in full on XXXX/XXXX/2015 to XXXX XXXX and XXXX which collects debts for Resurgent Capital/ LVNV Funding LLC ( Payment Confirmation XXXX with XXXX XXXX and XXXX on behalf of Resurgent/LVNV, file number XXXX ). This should not have happened had I been contacted or made aware of the upcoming collection debt. Also, I have been trying to contact XXXX XXXX Bank prior to seeing the collection account on my credit bureau reports but it was extremely difficult to get proper information about my account, and how to take care of the account and bring to current. They had charged the account off and sold it to collection without any proper notification and contact. I am well aware of my rights to receiving fair and timely information regarding my financial obligations and I should have been notified about any account going to collection. I am requesting Resurgent Capital, LVNV Funding XXXX XXXX XXXX to immediately remove the Collection account for XXXX XXXX Bank from all three of my credit bureau reports. It is adversely affecting my credit standing and hurting me, my family and my family 's financial health and well being.
Company Response:
State: UT
Zip: 84123
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-02
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Either send me proof about this debt, such as what the debt is for ( product ) or remove my name from the debt.
Company Response:
State: NJ
Zip: 08820
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-02
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I at times been a XXXX. During XXXX I was an XXXX and my first pay check from them I called XXXX to pay off my credit card. They referred me to LLV Funding ( I do not know the exact spelling ) and was giving an amount and I gave them my card number. I asked twice if this was paid off and I was told this was a settlement. At that time I did not know what a settlement was and now I know. Since I was on a XXXX I asked for a letter of todays conversation and was told that until the payment clears I can not have one. Well when I get back to Texas after the XXXX I did not find a letter to that effect and the next time I was told I only made a payment. Since then that company has sent me letters saying I still owe and I only made a payment. Now a new company is sending me letters.
Company Response:
State: AZ
Zip: 85374
Submitted Via: Web
Date Sent: 2015-05-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No