All you want to know about LVNV

[propeller27]

These are from myfico.com. Multiple reports from around 1-20-08 to a couple of days ago. The RF mark appears on the OC when it was supposedly "transferred to another lender". Date of last activity on CO is a year before the collection account was open without listing opening date . I could go on and on...

Edited February 14, 2008 by propeller27

[jack1212]

They are now deleted. Here is a thread to check out on how i disputed. Granted this method may not have been a factor, but who knows.

 

 

http://creditboards.com/forums/index.php?showtopic=313560

[CRDANDRIDGE]

Please critique this letter to LVNV after 2 dv's(allied interstate and resurgent capital) sent and debt is out sol...thanks

 

02/29/08

 

 

Lvnv Funding

P.O. Box 10584

Greenville, SC 29603

 

 

Re: Account # xxxxxxxxxxxxx

 

Dear LVNV Funding,

 

Thank you for your response thru your partner company, Resurgent Capital Services. This is the third and final time I will be disputing your claims in their entirety and request validation pursuant to the FDCPA.

 

I requested a validation, that is, competent evidence that I have some contractual obligation to pay you. I' was not looking for a letter typed up from your computer with an arbitrary amount owed. You are obligated to provide me with a document bearing my signature that I agreed to pay LVNV the amount that you say I do, and you failed to do so. Also you have continued to report this erroneous tradeline to TransUnion, Equifax, and Experian thus damaging my credit score and therefore are in direct violation of the FDCPA.

 

In your letter dated 2/26/08(see attached copy) you have declared that you purchased this debt on 12/29/2006 from GE Capital which means that you are not the original creditor. With this acknowledgment you are blatantly listing yourself on my credit report as a “data factoring companyâ€. In order for this to be true your company would have needed to purchase this debt from the original creditor BEFORE the charge-off date, in which case you did not. Because you are not considered as a “data factoring company†LVNV violated 15 USC §1692e by making false or misleading representations concerning the status of the alleged debt by the following actions:

 

1. LVNV violated 15 USC §1692e(2)(A) by misrepresenting the amount of the debt and by incorrectly characterizing the account as belonging to a “factoring companyâ€.

2. LVNV violated 15 USC §1692e(10) by using false representation or deceptive means to collect or attempt to collect any debt by reporting the account as a “factoring company account.

3. LVNV violated 15 USC §1692e(8) by communicating credit information which is known or which should have been known as to be false by reporting the account status as “120 days lateâ€.

4. LVNV violated 15 USC §1692e(12) by alleging that the account was a “factoring company†account resulting in the false representation or implication that accounts have been turned over to innocent purchasers for value.

5. LVNV violated 15 USC §1692f by using unfair or unconscionable means to collect or attempt to collect any debt by reporting the account as a “factoring company†account to deceive current and potential creditors and to negatively impact my credit scores.

6. LVNV has reported incorrect and damaging information concerning the alleged debt to credit reporting agencies in violation of the Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.]

7. LVNV violated provisions of the Fair Credit Reporting Act [15 USC §1681s-2] by failing to properly investigate this matter in response to disputes filed with the credit reporting agencies. LVNV reported inaccurate and/or erroneous information as “verifiedâ€.

8. LVNV verified incorrect information to Equifax, TransUnion, and Experian falsely reporting an incorrect amount $714 and providing inaccurate information concerning the type of account (“installmentâ€) and reported as past due.

9. LVNV verified incorrect information to TransUnion, falsely reporting an incorrect amount $714 and providing inaccurate information concerning the type of account (“factoring company†).

 

LVNV consider this as your last warning to delete this erroneous tradeline from my credit reports at once or I will be seeking both civil and punitive damages against your company for the reasons listed above.

 

 

 

 

 

 

 

 

Sincerely,

[jack1212]

Only send if you are willing to go through with suit.

 

Personally. i like to say "I will not be going away anytime soon". Be a thorn in their side.

 

Ask them about violations.

 

What qualifies this to be a DF account?, etc.

 

Cra dispute yet?

 

Jack1212

[CRDANDRIDGE]

Only send if you are willing to go through with suit.

 

Personally. i like to say "I will not be going away anytime soon". Be a thorn in their side.

 

Ask them about violations.

 

What qualifies this to be a DF account?, etc.

 

Cra dispute yet?

 

Jack1212

So give them a chance to respond or delete before implying ITS? I have disputed with cras and waiting for investigation to be completed. I will draft another letter including your comments...

thanks for the help

[jack1212]

Yes, wait for all disputes to complete. Have them verify the violations.

 

Court should be a LAST resort, not the first.

[jack1212]

Adding more tips i learned along the way.

 

with this company:

 

Watch for phantom payments

 

Watch for a change in the seven year clock vs the OC seven year clock

 

They ARE a CA, dont let them tell you different.

 

File a compliant with your states permit providers based on the above. (for states that require a permit to collect)

 

Dont send letters to the LVNV address, waste of time. DV the law firm and resurgent.

 

They have no problem responding to the BBB. However, they DO have a problem answering to the SC AG office. Stay on the AG office, they get slack.

 

You will never hear from the FTC again.

 

In the summons, address the permit issue.

 

Keep a SOLID papertrail. Dont throw away anything, and keep a log.

 

If you are patient, you can rack up more violations than you ever thought.

 

Play dumb. Once they figure out you are smart, they back off and ignore you.

 

Tell them that if everything is 110% accurate, please put it on a company letterhead and send it to you.

(There SHOULDNT be a problem here, now should they)?

 

Pick a target, and stay on that one person like ants on a spillt snowcone.

 

Dont forget you state laws. There may be violations you dont know about.

 

And i NEVER once got on the phone to do this.

 

 

Good luck!

 

Jack

[parttimegenius]

I noticed today on TC that I have 3 hard pulls from a Weltman, Weinberg, Reis - 2 last July within just a couple days of each other and another in January of this year. I don't have any CAs on my report that fall under LVNV or their "other" identities. WTH - can they do this?

 

Luckily, they are all on TU and my b* is finally working so they should be gone soon.

[jack1212]

Ok guys, i have officially filed suit against this sorry excuse for a company.

 

I will keep you updated as much as possible. I dont see this one coming anywhere close to the courtroom. But if it does, thats even better, as i look forward to exposing these scams.

 

I would say wish me luck. But i dont need it.

 

Send the luck to them.

 

More to come!!

 

Jack

[jack1212]

I noticed today on TC that I have 3 hard pulls from a Weltman, Weinberg, Reis - 2 last July within just a couple days of each other and another in January of this year. I don't have any CAs on my report that fall under LVNV or their "other" identities. WTH - can they do this?

 

Luckily, they are all on TU and my b* is finally working so they should be gone soon.

 

They did 3 hard pulls, and never made ANY collection efforts??

[myloathe]

Ok guys, i have officially filed suit against this sorry excuse for a company.

 

I will keep you updated as much as possible. I dont see this one coming anywhere close to the courtroom. But if it does, thats even better, as i look forward to exposing these scams.

 

I would say wish me luck. But i dont need it.

 

Send the luck to them.

 

More to come!!

 

Jack

 

Have you filed suit against them for past violations or are they still reporting on your cr?

[jack1212]

both. They have deleted, but only from 2.

[cgamom]

LVNV got a judgement and garnishment from me, is there any thing I can do now? (the garnishment is still being collected) I know they did something illegal. In the "statement" they supplied for the summons, it shows that there were 2 charges to this account which had not been paid on for 8 months (since dec 04') the charges were on Aug 05'. the date the charges show on the bill is like 2 days after they bought the account. At the time of the summons I had no Idea what to do, I responded and asked for a trial. I ended up having my baby early thus missing the court date. That is when the judgement was entered. The original debt was $2400 ( includes the 2 charges applied to the account the day or two after it was purchased by LVNV) Once the judgement went through the garnishment was for $5200. It has all been paid except for about $1000, is there anything I can do about this now? Or do I just take this as a lesson learned? Thanks!

[jack1212]

did you go to the courthouse and see if there is a certified copy of the judgment?

[cgamom]

No, I have not. I assumed the Judgement was valid since I did recieve the order for the garnishment from the court, as well as UPS (the garnishee.) Currently there is only about $1K left on the garnishment. I really wish I would have known about this a year ago...

[jack1212]

Ok, check this out.

 

 

http://whychat.5u.com/deletejudg.html

[scarykarrey]

LVNV bought my $1 balance from JC Penneys. Why the hell would they want to do that? Can they sue me over $1? Why would JC Penney want to charge off $1, anyway?

[scarykarrey]

LVNV bought my $1 balance from JC Penneys. Why the hell would they want to do that? Can they sue me over $1? Why would JC Penney want to charge off $1, anyway?

 

So nobody wants to break it to me? Oh god, they're gonna sue!

[myloathe]

LVNV bought my $1 balance from JC Penneys. Why the hell would they want to do that? Can they sue me over $1? Why would JC Penney want to charge off $1, anyway?

 

Did you really have a $1 CA or are you just joking?

[jack1212]

SETTLE! With a big ole bag of pennies!!!

 

 

[ghost722]

I still have LVNV on my reports. Besides one letter from a CA they assigned the account to 7 months ago, I have never received anything from anyone. I sent multiple dv's to everybody, sherman, resurgent etc. About three weeks ago I filed complaints with the BBB against each of their various business names, but so far it looks like they are not going to respond to those either. (i was able to check the status for one state online and it said no reponse from company, and that they were going to send some form next to LVNV). The only thing left for me to do is file a complaint with the SC AG, but at this point it would seem that I am going to need to file suit to get rid of them.

[jack1212]

Did they mark it as in dispute?

 

Also, did you DV the CA they assigned?

[ghost722]

Yes, it's marked as disputed on my reports. I dv'ed the CA which was RJ Boudreau & Associates and never heard a peep from them again. They had tried to sidestep the 30 day window by sending a letter stating "it has been more than 30 days since you received our first letter", but my dv stated that this was false and that this was their first contact with me.

[scarykarrey]

Yeah, seriously. In November I called to schedule a payment with JC Penney for the remaining balance of my charged-off account, and they said they'd call me back to adjust the payment with the exact interest for that month. They never called, and just processed the payment minus the $1 in interest. I forgot about it, and then last month LVNV was added to my reports for $1.

[CRDANDRIDGE]

why would lvnv delete from 2 cra's and not from the third after a dv request?