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So I sent this letter to the BBB and I'm curious what you opinions are...so here it is. I am writing this in hopes that your office will help expedite a resolution to the following issue. In the summer of 2013, I received a debt collection letter from a third party claiming to be attempting to collect a debt from me on behalf of LVNV Funding/Resurgent Capital Services LP I have several concerns involving LVNV Funding LLC/Resurgent Capital Services LP. The account that this refers to is listed on all three of my credit bureaus. I am sure that your office is familiar with this company as my research indicates, many consumers, with similar problems. Please see my complaints listed below. 1.) No notice of account acquisition or "Dunning letter". To this day I have not received any notice from LVNV Funding LLC that they own this debt and intend to commence collection efforts. Yet they're reporting this monthly and have been for years now. This is a violation of the law. See FDCPA 15 USC 1692e Section 807 (10)&(11) In response, I educated myself on my rights and sent them a debt validation letter. I allowed thirty days for a response and still have not received any communication from them. 2.) LVNV Funding is not licensed to collect debt in the state of Maine (where I reside). Although, this company hires third party collections agencies, they're(LVNV Funding LLC) still required to be licensed as well. Which also is a violation of the law. See Maine Fair Debt Collection Practices Act Title 32 Chapter 109a §11031 Sub chapter 3 (1), Subchapter §11013 2 B(1) and G. See also FDCPA 15 USC Section 1692e Section 807 (2)a & (10). 3.) The next violation is greatly debated. However, having read FTC opinion letters I believe that violations have occurred here as well. LVNV Funding is reporting themselves as a Factoring company. This is an intentional misrepresentation of their company as they purchase accounts already in default. Deceptive practices are prohibited and unfair.I believe this falls under US Code Title 18, Part I, Chapter 42, Section 894 Should LVNV Funding LLC persists as a Factoring Company, I would respectfully request the following 1) Please provide evidence and documented proof that you are in fact legitimately factoring this alleged account. 2) Provide documentation from the Original Creditor that proves that in fact this account was factored to your company while in good standing. 3) Provide documentation/proof that this account complies with U.C.C. Article 9, Secured Transactions, and complies with FDIC rules and Regulations regarding factoring of open-ended credit. 4) Provide evidence of LNVN Funding LLC compliance with FCBA, TILA and FDIC rules and regulations. I also want to take the liberty to mention that I received a letter from a third party who was collecting for LVNV Funding and I requested debt validation from them but never received a response. Within a month's time, I received a letter from a different third party seeking to collect on the same debt for an amount that was nearly double the amount from the last third party. This conduct seems very suspicious. As a result of my complaint, I would be satisfied with having this account be deleted from the three credit bureaus and not be re-sold or pursued any longer. Otherwise, I will contact an attorney with my concerns. The above referenced legal breaches are of extreme importance to me and my family and is causing me long-term, damaging effects, including interfering with my attempts to obtain a home loan. I appreciate your willingness to consider my concerns and help me in resolving this matter. Please feel free to contact me with any questions. Thanks for your imput
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- validation
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I recently sent out a Jack Attack dispute to Experian and Equifax: Equifax verified everything, while Experian refused to re-investigate. In response to Experian's previously verified claim, I filed complaints with both the CFPB and the BBB demanding they investigate my claims. Today, I received Experian's response to my BBB complaint: How would you all respond to this letter? Also, less importantly, how would you all repsond to Equifax "updating" everything listed in the Jack Attack?
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- Jack Attack
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