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LVNV updated the file after WHYCHAT's letter?....
anthrilliel posted a topic in Credit ForumSo here is our timeline... OC: Cap One 3/6/2008 opened 5/2008 DOFD 11/2008 C/O <Account opened, used, charged off in FL. SOL went past while a resident of FL (4y)> <Moved to in AFTER all the above and SOL is still past in IN (6y)> 10/08/14 Sent the first letter to CRAs mentioning the OC and the CA account ( http://whychat.5u.com/initdispltrsol.html ) 10/16/14 TU deleted everything (yay) 10/17/14 EX removed only the OC 10/27/14 EQ removed only the OC 10/27/14 Sent the letter to the CA ( http://whychat.5u.com/nottoca.html ) 10/30/14 It was received 11/01/14 <------ LVNV updated the EQ file and also added about 8$ to the total 11/03/14 The second round of letters went to the two CRAs ( http://whychat.5u.com/nottoca.html#FOLLOW ) 11/07/14 They were delivered 11/20/14 <------ LVNV updated the EX file and also added about 8$ to the total Should I send another letter to LVNV?
Another LVNV thread
FreeaAndClear posted a topic in Credit ForumLVNV is on 2 of my reports for and old Providian account. It will age off in a few of months. It is, without a shadow of doubt, well beyond the SOL. I am in CA and always have been. I sent LVNV Whychats "letter to collection agency validation/dispute/cease and desist" letter, certified mail, to LVNV in January. After I confirmed receipt, I sent an itemized dispute to the CRAs listing the incorrect line items. I never heard from LVNV. They verified the account with the CRAs. I just received a dunning letter from FNCB listing LVNV as the owner. It has the typical 30 day language. It also tells me I can request all the information I already requested from LVNV. It does NOT note that the debt is past SOL. It does offer me a settlement. I assume I want to dispute and request validation. Should I also lecture them on the SOL? Should I also enclose the letter I already sent to LVNV? And copy LVNV on the whole thing? Can I also file a complaint with the CFPB? Against both companies? I appreciate any assistance on this.
Credit One Bank/Resurgent/LVNV/CFPB
SunnySideUp32 posted a topic in Credit ForumFYI: I am out of lawsuit SOL. I am not worried about them trying to sue because I have the best affirmative defense: Time-Barred. California is 4 years. Last payment made was late 2007 to OC which they acknowledge so you would think they wouldn't be crazy to try a lawsuit. Either way, I'm not losing any sleep over it but I will challenge them at every turn to get this off my report early. Heard from Resurgent regarding the CFPB complaint. They explained why they report as factoring account blah blah blah. They included a bill of sale with an Exhibit A attachment with a receivable file date, transfer group number and portfolio number, nothing else listed. They sent an identity theft form. These folks need to get real. I don't have to prove I don't owe you, you have to prove that I do and then we can go from there. Of course I'm not submitting an identity theft form, I'm sure they know that. They did tell the CFPB that their answer was partial and they are still investigating and they will respond again within 60 days. Those folks and their chain...MHC to Sherman to LVNV, then Resurgent collects for LVNV. Of course Sherman would transfer junk debt to their limited liability company, which probably has very little assets so Sherman can protect itself from big lawsuits. I forgot to mention they included the infamous one statement from OC before charge off that says pay or they will charge off. I'm not going away until they decide I'm a lost cause and delete. I don't owe them nothing and that's exactly what I'm paying them. As long as I am stuck looking at them on my credit report, they will get dispute letter after dispute letter. Not constantly with the CRAs though. I don't want the frivolous label. I still have open jack attack disputes with all three bureaus so hopefully they will get thrown off my report this way.
Drop off in May...
Beautyandcredit posted a topic in Credit ForumHI everyone!!! Sooo I disputed LVNV online with the big three and of course 6 months away on that report, they deleted. Does not drop until Aug with EQ and they updated. On my Experian however, it states that it will be on record until May 2014 but I got my results in the mail today and the "updated" !!!! What should I do just wait? I have read about many ppl calling and having the item deleted so close to fall off date BUT I just disputed it a couple of weeks ago... help
Received Dunning Letter from LVNV - I'm Excited!!!!!!!
Gudziel posted a topic in Credit ForumNow I've never had the pleasure of dealing with this CA, but I love the opportunity at meeting new people!!! So, I just got home from work and checked the mail. Open a letter for me and it is from LVNV collecting on behalf of an Original Creditor called "General Electric Capital Corporation". They reference me as a nickname, not my full-legal name. Which I find particularly odd as my CR's and ALL my bills have been my full name (swedish family name by the by.... so it is NOT common at all). Nonetheless, they are trying to collect on a $300 and change principal, and with interest comes to over $700. But wait, they are willing to settle for 35%!!!! Holy Crap I better take advantage of this now!!!! Reading a bit lower, it states: "The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding LLC will not sue you for it, and LVNV Funding LLC will not report it to any credit reporting agency." Well now I feel very compelled to just pay them the full amount since they are being so straight-forward with me! So..... I know what I have in my arsenal. An FOAD....... Just ignore them completely........ Or..... I could mess with them. But.... Now I'm wondering. My father and I share the same name. This bill is from the same state (very far from me) as where he resides. Could it be possible that maybe credit issues are hereditary??? All of my debts are taken care. I'm golden. If they sent the wrong bill to the wrong person, can I go any further and make a bit of bank on this? Or should I just stop now while I'm ahead and forget this happened? I'm open for suggestions!!!! I love CA's!!!!
Finch v. LVNV FUNDING LLC, Md: Court of Special Appeals 2013 Default judgments were entered against each appellant. Appellants thereafter filed a class action in the circuit court, alleging that LVNV was not licensed as a collection agency, as required by Maryland law, when it obtained the underlying district court judgments. Appellants sought to represent a class comprised of all persons against whom LVNV had obtained a judgment for an alleged debt in Maryland state courts during the period of time in which LVNV was unlicensed. The class action complaint asserted five claims. Appellants sought declaratory and injunctive relief, damages for unjust enrichment, and damages for alleged violations of the Maryland Consumer Debt Collection Practices Act and the Maryland Consumer Protection Act. The circuit court dismissed appellants' complaint on the basis that it constituted an impermissible collateral attack on the district court judgments. This appeal followed ---------------------------- For these reasons, we hold that a judgment entered in favor of an unlicensed debt collector constitutes a void judgment as a matter of law. Accordingly, any judgments obtained by LVNV in the district court while operating as an unlicensed collection agency are void. ---------------------------------- For the foregoing reasons, we hold that the circuit court erred in dismissing appellants' complaint. LVNV was not licensed when it obtained judgments against appellants in the district court; accordingly, the underlying district court judgments are void. We further hold that parties may collaterally attack a void judgment in another court. The circuit court, therefore, erred by ruling that appellants' complaint constituted an impermissible collateral attack on the district court judgments. Accordingly, we reverse the judgment of the Circuit Court for Baltimore City, and remand for further proceedings consistent with this opinion read the whole ruling here; http://scholar.google.com/scholar_case?case=9749006638091405468&hl=en&as_sdt=2,3 So if you were a resident of Maryland, and have a LVNV judgment on your report that was awarded between October 30, 2007 through February 17, 2010 You may be able to have the judgment vacated based on this decision by the MD Special court of Appeals , which is good statewide in any lower court ( small claims, district, magistrate, etc.) Once the judgment is voided, you can have it deleted off your reports. Since this has gone back to the circuit courts so that the Class action can go forward - the Class action may take care of it all. ( I'm not a lawyer, and if you need to have a judgment vacated, I suggest you seek out legal advice on how to do this)
Post-Grad trying to make a change
Ducayne posted a topic in Credit ForumHi all, I was hoping for some Suze Orman style guidance I'm a 26 year old post grad NYC'er that happened to make some poor decisions when I was younger. Now, I'm in a stable job and really trying hard to rectify my past mistakes. My credit score via myfico (Equifax) currently sits at 634. I currently have the following: 1x Gap card, 30% utilized, 100% on time payments, opened March 2008 = $300/1500 1x CapOne card, 100% utilized, 100% on time payments, opened Nov 2011 = $1500/1500 (a payment of approx ~$1000 will hit anyday now, bringing it down to 33% utilized) 3x AES Student loans, 95% on time payments = ~$10,000 I have a few delinquent remarks due to 2x Best Buy master cards which went into collection. 'Date of Last Activity'/Last payment on these cards were Dec 2009. (this should be the start of my 7 years, correct?) I made no attempt to pay or speak to ANY debt collectors to reset this clock. Unfortunately, from what I read, the two Best Buy master cards went to some of the worst bad debt collectors: LVNV and MIDLAND. Now, on my credit report, these look like they are listed as NEW debt and not listed under collections. LVNV funding is as recent as THIS MONTH! See below: LVNVfundg Status as of Jul, 2013 Date opened May, 2013 Date of last activity Dec, 2009 Largest past balance $354 Account Type Open Account Account holder Individual Industry Factoring Companies Descriptions Collection account No contact information provided by Equifax Balance Current Status Past Due Amount $364 120+ days past due $364 MIDLANDmcm Status as of Jun, 2013 Date opened Dec, 2011 Date of last activity Dec, 2009 Largest past balance $856 Account Type Open Account Account holder Individual Industry Factoring Companies Balance Current Status Past Due Amount $1,009 120+ days past due $1,009 Now I've been feverishly reading everything I can about LVNV and their shady practices. I just want to be sure I do the right thing from here on out. I know the debts from LVNV and Midland are probably referring to the Best Buy Master cards. Technically, I could pay these in full RIGHT NOW, but I want to be sure the 'New Loan' type they have added to my credit report are removed. Or... I'm only 2 years away, should I just not pay them and wait for them to be removed and focus on building my good credit? If so, what are some better ways of improving it? Do utilities in my name help? Should I get a prepaid credit card? For LVNV, I've written a Debt Validation letter using this template: http://www.bblocklaw.com/practices/debt-collector-harassment/make-them-validate-the-debt/ And will send it certified mail to: Resurgent Capital Services LP 15 South Main Street Suite 600 Greenville SC, 29601 So, after all that backstory, here are my questions: I can't just ignore this debt as LVNV & MIDLAND have added new 'loans' to my credit report, right? Should I send them both debt validation letters? If the debt validation shows that both of these are from the Best Buy mastercards, what should I do next? Ideally, I should pay in full, correct? How can I get these sections removed from my credit report and put back under the 'Collections' section? Thank you SO much for taking the time to read my post. Any help would be super insightful and helpful. This is all so confusing and I just want to start doing good now to avoid any more stress and heartache. -Christian
I received a letter about a debt that was "charged off" by HSBC in 2008. It says: Please be advised that LVNV Funding LLC, the current creditor/debt purchaser, has purchased the account referenced above. The account has been placed with Allied Interstate LCC to recover the above referenced amount due. Then they go into this settlement offer - they will take less than a third to settle, blah blah blah. Then at the end it says: The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding LLC will not sue you for it. If you do not pay the debt, LVNV Funding LLC may report or continue to report it to the credit reporting agencies as unpaid. The original creditor shows up like: HSBC Account paid in full / charged off Purchased by another lender Sold to Arrow Financial Last payment made 12/31/2007 Last Activity on Account 8/19/2008 Will be removed 12/2014 This is showing up on my credit report as: LVNV FUNDING LLC #5155XXXXXXXXXXX PO BOX 10497 GREENVILLE, SC 29603 (866) 464-1183 Date Opened: 9/23/2011 Responsibility: Individual Account Account Type: Open Account Date Updated: 2/15/2013 Original Creditor: HSBC Card Services III (Financial) Pay Status: In Collection High Balance: 1,309 from 11/2012 to 2/2013 However, in the letter they sent to me, they report amount due is $733.57 What should I do to get rid of this?? Obviously, they are admitting they can't sue me, but they say they can keep reporting - but this is showing as an open account with recent activity and the original last activity on it was 12/2007, so I guess that means they can only report until 12/2014???