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Battling LVNV Funding & Capital One


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Hi Everyone,

 

I am in the midst of my credit repair journey (lots of derogs resulting from a job loss in 2007). All of my remaining negatives fall off my credit reports between March-September of this year, but I'd love to see if I can get them removed sooner. I'll post my other negatives in other threads, but I'd like to keep this thread dedicated to LVNV Funding & Capital One.

 

I have a collection account with LVNV stemming from an old Capital One charge-off credit card. The card was charged off in 2008 (according to the CRA, I have no documentation from the OC about this) and apparently sold to LVNV. I don't remember receiving anything from the CA, but they've continued to report to my credit report every month. The accounts are past SOL in my state (6 years), and will fall off in May (I know, why bother, right? because I'd love to buy a house this year, so the sooner I can get these guys off, the better). I did an initial dispute letter through the CRAs, which LVNV and Cap One verified. LVNV then increased my balance owing by $500 (interest, I assume) and knocked me with another KD marking on my report. Of course, I received nothing in writing from them. Since the two tradelines are linked to the same account, I'd love to discuss good methods for disputing both.

 

Here's how LVNV is reporting to the CRAs:

 

LVNV FUNDING LLC

PO Box 10497
Ste 110, Ms 576
Greenville, SC-296030497
(866) 464-1183

Account Number: XXXXXXXXXXXXXX Status: COLLECTION ACCOUNT Account Owner: Individual Account. High Credit: $1,675 Type of Account : Open Credit Limit: $0 Term Duration: Terms Frequency: Date Opened: 03/17/2008 Balance: $3,571 Date Reported: 02/11/2014 Amount Past Due: $3,571 Date of Last Payment: Actual Payment Amount: Scheduled Payment Amount: Date of Last Activity: N/A Date Major Delinquency First Reported: 05/2008 Months Reviewed: 37 Creditor Classification: Financial Activity Designator: N/A Charge Off Amount: Deferred Payment Start Date: Balloon Payment Amount: Balloon Payment Date: Date Closed: Type of Loan: Factoring Company Account (debt buyer) Date of First Delinquency: 08/2007 Comments: Consumer disputes this account information,
Collection account

 

 

And here's the CRA tradeline for the original charged-off Capital One Account

 

CAPITAL ONE

PO Box 30281
Salt Lake City, UT-841300281

Account Number: XXXXXXXXXXXX Status: CHARGE-OFF Account Owner: Individual Account. High Credit: Type of Account gold_qm.gif: Revolving Credit Limit: $1,000 Term Duration: Terms Frequency: Monthly (due every month) Date Opened: 10/29/2004 Balance: $0 Date Reported: 01/13/2014 Amount Past Due: Date of Last Payment: 07/2007 Actual Payment Amount: Scheduled Payment Amount: Date of Last Activity: N/A Date Major Delinquency First Reported: 03/2008 Months Reviewed: 41 Creditor Classification: Activity Designator: Transfer/Sold Charge Off Amount: Deferred Payment Start Date: Balloon Payment Amount: Balloon Payment Date: Date Closed: Type of Loan: Credit Card Date of First Delinquency: 08/2007 Comments: Paid charge off

 

 

Does anyone have a good, tested method for disputing these guys? I've heard many have had success with filing a BBB complaint for LVNV (due to them reporting as a factoring company). I'm also considering Whychat's SOL method. I'm just not sure which route is the best to take. Any guidance would be greatly appreciated.

 

Thanks!

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Given how close they are to the end of the 7 year reporting period I would try "obsolete" and they may disappear a few months early. The OC tradeline for Cap1 will be the hardest because they have a hard line stance of not deleting early, PFD, or good will.

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I had great success in removing LVNV from my credit reports by filing a complaint with the SC Better Business Bureau. Complained that I did not know who they were or what this was about.

 

They replied to the BBB complaint by stating that the info to verify the account, but finished their response by stating that they were closing the account and would remove from all Credit reports.

 

My accounts were 6 years post CO and disappeared within days

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These accounts are not scheduled to fall off in May. The end of the CO reporting period, if the DOMD on the Cap One TL is correct, is March 2015; so it's too early for obsolete disputes. You are correct that they are out of SOL, if in fact your SOL is 6 years and the DOFD is 8/07.

 

Also the DOMD is reporting differently, which should be the same just like the DOFD. I would dispute this with both and if they both come back as reporting correctly, I would do a CFPB complaint for incorrect reporting against the CA. Don't send any documents regarding either account to the other.

 

You could also do WhyChat's SOL: http://whychat.5u.com/nottoca.html

 

FRCA:

  1. © Running of reporting period

    1. (1) In general. The 7-year period referred to in paragraphs (4) and (6)2 of subsection

      (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

Edited by funkiehouse
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Thank you for your reply. I'm not exactly sure of the DOMD (I lost my job in Jan 2007, and things were crazy for several months after). I would imagine the first delinquency was more likely during the months of Jan-Aug 2007 than March 2008, although I have no records to prove so (and I don't think I ever brought the account current, since I was catching up on more important bills at the time). I have a feeling the 3/2008 date is more likely the charge-off date, since LVNV funding reported the account as of 5/08.

 

Also, I went back and looked at hard copies of my credit reports, and on both EX & EQ there is a line in the status that states, "This account is scheduled to continue on record until May 2014". That's where I got the drop off dates from.

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Okay, after much research on these boards, I've decided to file a BBB complaint against LVNV. I've disputed their reporting three times, and each time they've "verified" that their reporting is accurate. I've also DV'd them twice, and gotten no response. I also don't remember ever receiving a dunning letter from them or any letters attempting to collect (which I'm sure they'll try to say they sent). I've drafted a rough version of my complaint, and I was hoping to get your opinions on the letter. Much of the information I found some from great threads here, and I adapted it to my situation. I'm framing the letter around the following violations: No response to request for verification, failing to properly investigate accounts in dispute, listing account as "factoring account", reporting the account as "open", reporting the account as "past due", and changing the balance due. Here's a copy of the text of my letter:

 

"I am filing this complaint in response to LVNV Funding’s multiple fraudulent verification of an unknown account to the credit reporting bureaus. I do not recognize this account, nor have I received any communications from LVNV regarding any delinquent account or amount owed. I have filed three disputes requesting debt verification from LVNV Funding, and have received no response.

 

Since LVNV, nor any company that they have hired, has been able to legally validate this debt, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g, I am demanding the full and immediate deletion of this account from all three national credit reporting agencies; Equifax, Experian, and TransUnion. Furthermore, I am demanding that LVNV provide a letter stating LVNV promises not to sell this account to anyone, or try to collect on this invalidated account again.

 

LVNV is in violation of the FDCPA and the FCRA, and has knowingly and illegally reported false information to my credit report, including but not limited to:

 

-LVNV violated FDCPA 809(a) by failing to send me a dunning letter, or any communication thereafter.

 

-LVNV violated 15 USC §1692e by making false or misleading representations concerning the status of the alleged debt by the following actions: validating the account to the credit bureaus without providing proof that the debt is mine, reporting the account as an open account, changing the amount due, stating the account is a factoring account, changing the date of first delinquency

-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 company account” and by falsely reporting the account as “past due $3,571” on my credit reports.

-LVNV violated 15 USC §1692e(8) by communicating credit information which is known or which should be known to be false by reporting the account as a “factoring company account”, and by reporting the account status as “open”, and by falsely reporting the account as “past due $3,571” on my credit reports.

-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”, and by reporting the account status as “open”, and by falsely reporting the account as “past due $3,571” on my credit reports.

-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.

-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”, and by reporting the account status as “open”, and by falsely reporting the account as “past due $3,571” to deceive current and potential creditors and to negatively impact my credit scores.

-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.]

-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. On numerous occasions, LVNV reported inaccurate and/or erroneous information a verified.

-LVNV verified incorrect information by falsely reporting an incorrect amount ($3,571) and providing inaccurate information concerning the type of account (open, installment) and reported as past due and/or charged off.

-LVNV verified incorrect information , falsely reporting an incorrect amount ($3,571) and providing inaccurate information concerning the type of account ("factoring company open account" and "installment account")

LVNV has reported incorrect and damaging information to the credit reporting bureaus in an attempt to get me to pay on an invalidated debt. They have violated parts of the FCRA, specifically 15 U.S.C. 1681 et. seq.

Please comply with my request within 15 days.
If LVNV fails to comply with my request, I will not hesitate to bring legal action."

 

Thoughts?

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Okay, just to update. I filed a BBB Complaint against LVNV Funding. Hopefully I'll get a response soon.

 

I also need to report Cap One Success!!! I had started Whychat's SOL program for Cap One (step 1 sent in January), and last week I fired off step 2 to the O.C. Yesterday, I received a response from Cap One, which states "After researching your account we've updated the above referenced account to be removed from your Credit Bureau Report". I never thought it would be this easy to take care of this. Couldn't be happier! I'm sending copies of the letter to the bureaus today to get this off! Many thanks to Whychat!

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I just got a reply back. They basically confirmed that they had the account. However, I came upon information that will get them to delete it from my reports. The FTC ruled that no third party should report this collection to any credit bureau and I provided a link to the ruling online. However, they did provide a PDF of the account summary which lists the Date of Last Payment. Does this equal the Date of First Delinquency stated on our credit reports? If so, I can get Experian to delete the collection early, since they have the fall off date listed as 12/14. I know the other two will take it off if I dispute as obsolete, but Experian won't. That is if, I have to bother because LVNV refuses to remove them within the next few days.

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OP poster here. Loops, I'm confused. Did you file a BBB complaint for your LVNV's reporting on your own CR? If so, I'm not sure of the details of your particular situation. What FTC ruling are you referring to?

 

On another note, I received my initial response back from my BBB complaint. I've pasted their response to my complaint below.

 

This letter is in response to your correspondence dated March 6, 2014 regarding the above referenced account. LVNV Funding LLC ("LVNV") owns the account number ending in 0918. Resurgent Capital Services LP ("Resurgent") is the servicer of the account owned by LVNV. The account was previously sold by Capital One Bank (USA), N.A. on or about March 17, 2008. As of the date of this communication, the account balance is $3,595.37, which includes a principle balance of $1,648.24 and an interest balance of $1,947.13. Additionally, this account is accruing interest at a rate of 20 percent. Please review the following account information:

 

  1. This account originated on October 30, 2004 with Capital One Bank (USA), N.A.
  2. This account charged off on February 20, 2008 with a balance of $1,648.24.
  3. No payments have been received on this account since Resurgent started servicing it in March 2008.

All ownership rights were transferred to LVNV when this account was purchased from the previous creditor. Those include the right to collect and report to the credit bureaus. This account was scheduled to go off bureau on May 20, 2014. As a courtesy, a request to delete the LVNV tradeline will be submitted to the three major consumer reporting agencies during the next reporting cycle.

 

The term that we were reporting “open” on xxxxxx credit report does not literally mean that the account is open or can be used. That information is one of the data reporting requirements set by the credit bureaus is a “portfolio type” which we report as “Open,” meaning only that the entire balance is due upon demand. This is an accurate description of the account, which was charged off and therefore the entire balance is delinquent and due.

 

The consumer reporting agencies reporting guidelines have defined a "factoring company" as a company or individual who purchases accounts with the intent of collecting debts owed. Therefore, the term is accurate in this situation and the account was reported correctly.

 

Our records indicate xxxxxxxx previously submitted to this office on August 23, 2011 a notice demanding that we cease communication with him. After receiving the cease from xxxxxxxx, we sent a validation with verification and advised that the account would be updated to cease and desist on August 31, 2011, copy enclosed.

 

Enclosed is a bill statement. If, after review of the above referenced information, xxxxxxxx believes this account is fraudulent, we ask that he provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter. Blank forms are available at the FTC's website:

 

If this account was paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint.

 

In addition, if xxxxxxxx has any correspondence to/from Capital One Bank (USA), N.A. concerning his dispute, it may help with our investigation, so please have him forward it to:

 

Compliance Department or Fax: 866-467-0918

MS 250

P.O. Box 10497

Greenville, SC 29603

 

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

 

Sincerely,

 

xxxxxxxx

Compliance Department

Resurgent Capital Services L.P.

 

 

From what I've researched, their reply is pretty much their standard response to complaints. However, I am thrilled to see the statement in the response, which reads, "This account was scheduled to go off bureau on May 20, 2014. As a courtesy, a request to delete the LVNV tradeline will be submitted to the three major consumer reporting agencies during the next reporting cycle."

 

Yay! Now, on to the next step. Should I just wait for them to follow through with this, or should I send their letter on to the CRAs to ensure deletion?

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Ask them for a copy of the customer agreement that contains the very, very expensive arbitration agreement that credit card companies put in there to try to screw consumers over with and it back fired. They try to use all these different names to try to confuse the consumer. They are not immune from the Arbitration agreement.

 

People have no idea how often merely mentioning the words "Arbitration" via certified mail will stop a debt collector in their tracks.

Their attorneys go into court and act like they are stupid and try to convince a judge that there is no Arbitration agreement.... Judges don't buy it... see http://en.wikipedia.org/wiki/AT%26T_Mobility_v._Concepcion The ultimate for invoking Arbitration.

First, make sure that there is an Arbitration agreement in the credit card agreement...and check what year you opened your account and what year you defaulted...

 

My demands went something like this.

 

Dear LVNV

 

I'm very well aware that you purchased this account from XXXX bank. I see in the credit card agreement that there was an Arbitration Clause. I also see that at any time, either party can invoke Arbitration and that this also includes you as a third party, or a junk debt collector. Prior to me paying the $125.00 fee to AAA arbitration, which you will have to reimburse to me immediately, I propose that your company instead zero out this debt, cease collections and walk away.

In the alternative, I feel I have a very strong claim against your company for violations relating to the fair debt collection practices act.... list off a bunch of bs they have violated. ( LVNV has never followed the law. They aren't an honest business. They always make a mistake somewhere. I even found State statutes they violated. )

If you do not accept this offer of settlement, please take the courtesy and let me know kindly by mail that you are rejecting my offer to resolve this matter so I can start the Arbitration proceedings and please let me know where I shall send you a copy of the cashiers check that I pay to the Arbitrator so you can pay reimburse me immediately in good faith as the credit card agreement promises to do.

 

Per the agreement, I am also seeking an in person hearing for Arbitration. (The reason for this is , its usually around $3500.00 for them to do an in person hearing and they have to pay the Arbitrator...they are paying pennies on the dollar for your debt... do you think they are going to spend $3500.00 to collect from you...you can also use this as a tool to settle debts as well)

This offer is made to you without admitting any fault, accepting any liability or admitting that this debt is valid. I continue to dispute that this debt is valid and I'm willing to take all reasonable measures to fight you in Arbitration.

 

Sincerely
(A junk debt collectors night mare...someone who reads too much and takes adder all ) <------------ don't put this, inserted for comedy purposes... but its really true

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  • 2 weeks later...

Okay, so here's an update. On 3/14/14, I sent disputes to EQ & EX for both LVNV & Capital One, and included the deletion letters from Capital One & LVNV in the disputes. EQ deleted Cap One immediately, & LVNV is currently under "investigation".

 

However, EX refuses to delete or investigate anything! Today (only 10 days after mailing the disputes), I received a copy of my EX credit report with the following statement: "DISPUTE RESULTS: This summary shows the revisions made to your credit file as a result of our processing of your dispute. If you still question an item, then you may want to contact the furnisher of the information directly, or review the original information in the public record." Looked through my credit report, and not a single item was deleted. Funny thing is, according to their own statement, I should "contact the furnisher of the information directly". That is exactly what I've already done. And I already included the correspondence from the furnisher in my disputes. Nimrods.

 

Any advice on how to get EX to move on these?

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Honestly, you should have just waited it out for LVNV to remove the collection. It can take as long as 30 days. If after that they havent removed, you can screenshot the BBB correspondence and upload it for an online dispute.

 

I too got compliance for LVNV last week. Its still on my reports and it should be gone in a few weeks. Just be patient.

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The reason I sent the letters to the CRAs was to insure that LVNV followed through with their word. But that is a bit beside the point, here. The point is that I sent EX documentation of a valid dispute, with correspondence from the CA stating the item was to be deleted, and they did nothing.

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