Consumer complaint received 2019-09-04
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
LVNV Funding, LLC has chosen to collect a debt such company purchased from XXXX 1. XXXX XXXX  will not release the data that they say to have which prove that the debt is mine. Such data is fraudulent : my STOLEN Social Security number, a fraudulent address in XXXX and my cellular phone line -which was hacked and reported as such when I noticed there was a problem with it latter on in XXXX. By the way, I am not a phone number nor a voice over it, my phone number is not my identity. Where are the legal documents that identify me as a legitimate credit member? 

This is the process I have been through : XX/XX/XXXX I receive letter from collection agency XXXX, XXXX XXXX XXXX XXXX. Letter states company attempts to collect a debt from original creditor XXXX   XXXXXXXX XXXX and current creditor LVNV Funding, LLC. 
I submitted complaints through the Consumer Financial Protection Bureau. The above mentioned agencies replied that debt was valid. 
The debt consists of {$170000.00} owed to XXXX XXXX, on a card opened as a result of identty theft. My Social Security information was used, and a fraudulent address in XXXX was used to open the account. The card was applied for in XXXX - XX/XX/XXXX. 
My XXXX XXXX phone number was used as well. I noticed that my missed call log was displaying " call answered on another device '' message on XX/XX/XXXX. I contacted XXXX XXXX in XX/XX/XXXX and placed a Fraud Block back then. The information will be accessible to lawyers by contacting XXXX XXXX Legal Department. 

On XX/XX/XXXX I placed a police report, contacted the Credit Bureaus and personally visited XXXX, XXXX XXXX XXXX. I submitted proof of address, tax returns, the 3 credit bureaus reports, and invoices of some of my professional services as a freelance XXXX in XXXX during some of the days when the fraudulent transactions were committed. I also provided evidence of being out of the state during one of the dates that one of transactions took place, with hotel information and an XXXX XXXX electronic ticket. I signed a notarized affidavit of fraud and submitted it to XXXX, XXXX XXXX XXXX as well. 
XXXX told me that the process would take about a month, that I would be notified, as they had to work with LVNV Funding, their client, to resolve the issue. 

On XX/XX/XXXX, I received a notification from XXXX that LVNV Funding had reported the collection to my otherwise- and always- pristine credit report. My credit rating and report was damaged due to this action. I simply do not borrow money and pay my credit cards monthly in full, as it can be evidenced in my reports. Never a late payment. 

I required from XXXX XXXX, by US Postal Service certified mail, that they submit to me all the evidence related to the fraudulent account such as application, payment slips, store receipts, signatures, etc. I have the right to receive all this documentation. 
When I spoke to their representative, he stated that their information was correct as public records place me in XXXX and that my cellular phone number line was used. I received a letter stating that their investigation is correct and that they are not changing anything. I need to explain that the fraudulent XXXX XXXX card never appeared on my credit reports, so I had no way to know that this was going on. 

Upon examination I found that my address had been changed to the fraudulent address. At this moment I believe this fraud could come from XXXX XXXX, itself. XXXX XXXX was either negligent in their processing of applications, to benefit from the fraud ; or the fraud might have been an inside job. XXXX XXXX should use non-negligent and lawful practices and review the investigation with the knowledge that I am providing. I am the victim here, I am being treated like a criminal. All this process has caused countless hours of effort reviewing and submitting documentation, as well as a wide range of inconveniences and related health problems due to stress. 

How could XXXX XXXX award someone a credit card with a {$10000.00} credit limit, when my credit report does not show my employment information? Let 's talk about not being negligent in their process of approving credit cards with a credible investigation of the customers. Did they realized that as a freelance XXXX on XXXX my income was extremely low for the credit limit they approved on my behalf? 

I have also notified the XXXX XXXX XXXX that identity theft that I am a victim of Identity Theft enabled by the use of a criminal postal address. Upon studying my credit reports I found several unauthorized inquiries mostly from XXXX XXXX to my credit reports. 

My stolen identity was also used to open another credit card. I found that an additional XXXX XXXX credit card had been opened on my behalf. Fortunately, no charges had been made. As I called XXXX XXXX to let them know that this card was open in a fraudulent way, first thing I hear from the customer service representative is " Ms. XXXX we appologize as we know we have had trouble delivering your card '' ( Again, the XXXX address ). 
It would be easier to pay the money owed as it is sitting on my savings account, however, I refuse to be the victim of these criminal actions against me. I am asking to XXXX XXXX  to consider the fraudulent nature of their business before hiring an attorney. I have nothing to lose in providing evidence to support my claims to a judge. 

XXXX, XXXX XXXX XXXX has closed my file, as I have just found out ( XX/XX/XXXX ). I ask LVNV Funding, LLC to consider that a fraudulent account has been purchased ; after being approved by XXXX XXXX in a negligent way. My address was changed by the CREDITORS, not by me, either by negligence on their application process or by upfront choosing to do it to profit from a theft victim. The information used to validate the debt is fraudulent. Please consider revising the documentation provided. In my tax returns you can see that my address is not the one used to open the card. I ask LVNV Funding, LLC to investigate further, do the right thing. It is a matter of money for the company, but it is an assault on me. 
XXXX can choose to side with the perpetrators, and/or with the negligence of XXXX XXXX. 
I am happy to provide any documentation needed to prove my case.

Company response to consumer: Closed with non-monetary relief