Consumer complaint received 2019-10-22
Company: Avant Credit Corporation
State: LA
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
My data was breached by the XXXX Data Breach,  therefore, I requested a copy of my credit report. XXXX XXXX was listed on my report saying I was in default with payments. I had never taken a loan out with this Company. I had never received any correspondence from this company. So I disputed the reporting. Once I submitted a dispute with the credit reporting agencies, I received a citation petition filed by the XXXX XXXX on behalf of XXXX XXXX. The Petition indicated that XXXX XXXX was the original creditor and I defaulted on a loan with a balance of {$5800.00}. 

My Answer was : I do not have any agreements with XXXX XXXX, nor do I owe this company any money. Ten days after my Answer was filed, I was cited with an order to appear in court and show cause why I do not owe LVNV Funding. 

Today I had to appear in City Court ( XXXX XXXX, LA ) to  defend myself against The XXXX XXXX, XXXX XXXX, LA, a collection agency representing themselves as a Law Firm who is claiming to be acting on behalf of XXXX XXXX. 

The XXXX XXXX position is that the debt was transferred to XXXX XXXX. The documents that XXXX XXXX presented to the Court showed conflicting information. 

-- -- The initial petition indicated that XXXX XXXX was the original creditor and I defaulted on a loan with a balance of {$5800.00}. 

-- -- The Affidavit that XXXX XXXX filed with the judgment indicated that the debt was transferred from Avant to XXXX XXXX on XX/XX/2017. ( It did NOT show transfer to XXXX XXXX. ) -- - Another document ( Bill of Sale and Assignment ) showed that the debt was transferred to XXXX XXXX on XX/XX/2017. This information is false because at that time the loan was in good standing and I was still making payments to Avant via ACH. 

-- - Another document the XXXX XXXX presented was a Transfer of Assignment stating that the debt was transferred to XXXX XXXX XXXX XXXX, then to XXXX XXXX XXXX, then to XXXX XXXX all on the same date, XX/XX/2017. 

I pointed out all of the inconsistencies to the Judge. 

Companies like the XXXX XXXX prey on consumers who have had hardship. They set up shop in the City Courts claiming to represent multiple companies, because there were several people in court today that the XXXX XXXX had filed judgments against on behalf of multiple companies. The information they present is false and inconsistent documents. This has an inference of a scam or fraud being committed. 

The XXXX XXXX has multiple complaints filed against them with the XXXX and CFPB for unethical practices. Yet they continue to be allowed to exercise this type of practice, and they are doing it through the court system. HOW IS THIS LEGAL! 

It seems all one has to do is present a claim to the Courts that you owe a debt to them without any proof that the debt was actually transferred to them ; only that the debt exist. So these companies gain access to your private information, just enough to show that the debt exist, file a judgment in the Courts and request you to show cause to why you dont owe them this debt. These companies feel like they can present a letter or statement with your name on it and this is proof that you owe them. It only proves that you have gained access to my private information. This is a violation to the consumers not an entitlement to the collection companies. 

All of the data breaches and easy access to a consumers personal information just makes it easier for companies like the XXXX XXXX to prey on consumers. The law needs to be changed on collection practices.

Company response to consumer: Closed with explanation