medic220

Thanks Couldn't have done it without the help of CB and all you guys.

YEAH! Got this response back from BBB today: Dear Ms. Bentley: This is in response to Mr. X’s rebuttal dated October 6, 2009 regarding the above referenced account. A request will be submitted to the three major consumer reporting agencies requesting to delete the LVNV Funding, LLC tradeline during the next reporting cycle. If we do not receive additional information from you within 45 days of the date this letter is received, then we will assume this dispute is resolved. If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374. Fought hard for this one so it feels guud!

You can get your TU (though they don't tell you that's which score it is) from creditkarma.com. It is a free site but just be forewarned that there are TONS of ads and "offers." In general right now, other than a point of reference, I wouldn't worry too much about credit scores. Work on gettin that secured card positive TL on your reports and getting the other stuff off:) Sometimes just taking that first step is the hardest. Just do it, stay determined and, if you're like me or many of the rest of us, change the habits that got you here in the first place. Good luck! Well, I wanted to gauge a number to say I started here and xx months later I am here. Went to creditkarma.com and just as I suspected, TU score is 512. Somehow I knew this was going to be my score. I am sure Experian and Equifax are pretty close behind. Oh boy, do I have some work to do. As a note, I had not planned on opening any new Tradelines other and one or two secured cards. Guess I will have a pay cash for a car. Keep your head up and just start plugging away. Just give 'em hell and as baddies drop off you'll start seeing increases before you know it. Everyone has to start somewhere and you'll appreciate it more when you get to where you want to be

You can get your TU (though they don't tell you that's which score it is) from creditkarma.com. It is a free site but just be forewarned that there are TONS of ads and "offers." In general right now, other than a point of reference, I wouldn't worry too much about credit scores. Work on gettin that secured card positive TL on your reports and getting the other stuff off:) Sometimes just taking that first step is the hardest. Just do it, stay determined and, if you're like me or many of the rest of us, change the habits that got you here in the first place. Good luck!

But i heard calling on the job is illegal A CA calling you on the job is not illegal. Here is the section of the FDCPA that addresses communication and ceasing communication (if you haven't read through the whole thing you can find it through the FTC website): § 805 15 USC 1692 § 805. Communication in connection with debt collection (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt— (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location; ...... (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication. ( COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. © CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— (1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Due to the general wording many CA's will avoid contacting you at work unless they are unaware or lack other contact information. It's usually just too much of an exposure/liability risk vs reward.

Ok, well the letter pretty much went out as it was posted this past week. Hopefully we'll be getting a favorable response back soon enough Can't imagine they want to keep wasting their time with me when they have nothing to gain (they already got paid!) When I do hear back I'll post. In the mean time good luck to everyone else out there!

bump

WOW I consider that high praise coming from you DragonFlyer! As many more experienced eyes that pass over the better, so I'll leave it for comment for at least this evening and see if there are any other thoughts. You made me feel more confident and sometimes that's what any of us needs most - confidence to take action. I know you've provided that to many many others here on CB and for that I am certainly thankful Keep up the good work!

I know it's a lot to take in but any input yet?

Well, here's what I've got so far. Sorry it's so late but I look forward to everyone's input. I do intend on forwarding the additional complaints to the entities you mentioned. I've already started complaints with both the SC AG and FTC. Let me know what I might leave our or include. Feel free to edit as I'm sure there are plenty of mistakes. Keep in mind that not all of the formatting for the letter does not post. I used some info from posts and figured that since they can "tweak" some info for their benefit that I may take a few liberties while attempting to fill in some of the gaps. Here it is in it's current state: VIA CERTIFIED MAIL: USPS Tracking # Better Business Bureau of Upstate South Carolina (Greenville, SC) 408 North Church Street Suite C Greenville, SC 29601-2164 RE: Complaint #796xxxx: Response to LVNV letter Dear Ms. Aguilar, This letter is to inform you that the complaint has not, indeed, been resolved by the response provided by LVNV. I am sorry that LVNV has not decided to comply and wishes to make this a further issue, wasting more of your time. It is deplorable that the first contact that I received from this company had to come at the behest of your office. I certainly wish you did not have to be involved as a third party. You have obviously done your job by eliciting some response from LVNV, though one fraught with self incrimination and dubious statements on their part. Firstly, LVNV or “Resurgentâ€* would like to contend that they are champions of the FCRA (Fair Credit Reporting Act). They are and have been reporting inaccurate information on my credit report. Inaccurate information they apparently “verified†when I disputed these points with the consumer reporting agencies (Transunion, Equifax, and Experian). This is in DIRECT violation of the FCRA and punishable with fines that far exceed the previous “profit†of my account and are being forwarded to the FTC. Just a few of these inaccuracies include: They list the date of origination with LVNV as 11/22/05, yet report a different date to two of the three other CRA's. They list a total amount of the account as the $793.47 they reported to you, yet collected $1022.17, as they state. The previous amount is that listed on the account. This was precisely one of the reasons I requested the original creditor agreement as the FDCPA specifically outlines that collection agencies may NOT collect additional interest, fees, etc. where it is not expressly provided in the original creditor agreement (15 USC 1692f, section 808, subsection 1). Their omission of a response on this matter may thusly be construed as willful misrepresentation and potentially fraudulent collection. They list as a “Factoring Company†on my consumer credit report. They reported to you that they, in fact, purchased the account in question after a charge-off. By definition a “Factoring Company†and hence a “Factoring Account†is one which is sold prior to charge-off and is NOT a collection account. While the Consumer Data Information Association's (CDIA) Metro II guideline lists Factoring Companies in the section with Collection Agencies it does list them separately because they are not one in the same and to report as such is inaccurate. Code 48 – Collection Agency is the appropriate available code. They report the portfolio type as 'OPEN'. The CDIA Metro II Manual defines: Open (Portfolio Type) Credit extended to a consumer based on an estimate of the general ability to pay. The entire balance is due upon demand. This would exclude a collection account for obvious reasons. Only one inaccuracy that has been challenged and falsely“Verified†is grounds for charges filed in court and report to the FTC. I am currently only seeking to have the account removed from my credit report. Addressing Mr. Holcombe's quote of the FDCPA in reference to a paid account he assumes that your knowledge of law and precedent in this matter will be insufficient. The spirit of the law in this instance (“or the consumer has paid the debtâ€) has been interpreted to apply in instances where the consumer has paid or settled the debt with the original creditor, protecting the collection agency from inadvertently attempting to access information they would no longer have the right to obtain. NOT where questions arise as to the validity of claims, especially amount as it varies from those provided by an alleged creditor. Finally, LVNV, in their own response, assert that the payment was received by Axiant, LLC (“Axiantâ€), and then forwarded to Resurgent (“the master servicer of accounts owned by LVNV) six days later. I was never informed of another company involved nor was I given the opportunity to dispute the validity with said company. This alone should be reason for deletion. The industry's own standard on reporting, the Metro II Manual, published by the CDIA, refers specifically to these aforementioned situations as follows: Acceptable reasons for deleting accounts are: -Accounts which have been forwarded or sold to another entity. -Accounts reported in error. All parties reporting credit information must comply with the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), any applicable state laws and regulatory authorities. Not just one but both of these instances have been demonstrated. In Mr. Holcombe's own words: “An agency that receives information that changes the existing status of an account currently on the credit report must report such changes to the credit reporting agencies. The FCRA requires that accurate and complete information be provided to consumer reporting agencies,†(emphasis mine.) I have already requested correction of this information with the consumer reporting agencies and LVNV has “Verified†inaccurate information. I am no longer asking that these items be corrected but require that the account be removed in it's entirety. As I have already mentioned such actions are not only incorrigible but in violation of the FDCPA and the FCRA. If LVNV attempts to further update this account in any fashion other than to have it removed I will have no further recourse than to carry these concerns further still. I refuse to have my civil rights further tread upon. Expecting resolution, Let er' rip b/c I want it to be as good as I can make it, both for my benefit and anyone else who might be helped by this. Thanks to all!

I intend on further amending my response to accommodate something to the effect. I hope to finish my letter sometime today and post so that I can get the letter off the first part of this next week. Stay tuned b/c I look forward to everyone's input!

Thanks for all the great info. I'll post my letter soon to get feedback and polish it up before I send it this next week. Funny thing about the BBB, I thought their existence was to assist the end consumer resolve disputes with a business. Within 3 days of receiving the response letter by mail the BBB said that since they had not heard from me (in 3 days) that they assumed the business' response addressed my concerns, they marked the complaint as 'resolved' and were closing the file! Strangely the business was given 3 WEEKS to provide a response!

LVNV. If anyone hitting this post has not previously done a search on LVNV, Resurgent Capital, and the host of other shielding "corporations" this group uses then go check them out. They are like a serpent that winds through the established laws set forth to protect us, looking to inflict maximum damage, regardless of if they are right or wrong. I apologize for the interjection, but they are frustrating.

I keep an accordion file, each section reserved for my paperwork regarding a specific account. That includes the letter's I've sent, the CM receipts and green cards, responses, dates of dispute and responses of CRA's, etc. What else would you recommend I document on a daily basis or keep a log of? I could be wrong, but I read Jack's response as commending you for having detailed information on hand about the account, which most people don't bother to keep track of. In other words, he's giving you kudos for being on top of everything and reminding others to do the same. Oops Thanks! I'm just always looking for areas where I can improve, so I was eager to absorb as much of Jack's wisdom as I can Keep up the good work Dragon and Jack!

I keep an accordion file, each section reserved for my paperwork regarding a specific account. That includes the letter's I've sent, the CM receipts and green cards, responses, dates of dispute and responses of CRA's, etc. What else would you recommend I document on a daily basis or keep a log of?