Another LVNV thread

[FreeaAndClear]

LVNV 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.

[FreeaAndClear]

Bump for the morning crowd.

 

My objectives, in order are:

 

1) Not have a new CA report on my credit reports, even if it' s only for a few months.

a) the OC and LVNV are already reporting. Can they add a third?

 

2) get LVNV off my CRs

 

I'm leaning towards a FOAD to FNCB. But if I do this, can they report? Or should I DV and request the same info I already requested from LVNV?

 

Do I have any grounds to complain also to the CFPB that LVNV ignored my DV and my C&D? So that now they are responsible for thir CA not only contacting me but also not informing me re the SOL, etc.?

 

I got the letter last weekend between trips. It is dated 2/17, I received it sometime between February 24th and 28th. I'd like to send something out tomorrow.

 

I'd very much appreciate advice!

[ICANHASMUNY?]

http://www.ftc.gov/system/files/documents/amicus_briefs/esther-buchanan-v.northland-group-inc.no.13-2523-6th-cir./1403105buchanan6cir-amicus.pdf

 

 

The FTC and CFPB states that it's a deceptive tactic ( FDCPA violation ) depending on how the letter is written.

 

 

yes, you sent a dispute. file a complaint

[FreeaAndClear]

Thanks ICan! I will file a complaint tomorrow.

 

Is it correct that I should also reply to FNCBs dunning letter within these first 30 days? DV or FOAD?

 

It's the first dunning I've ever gotten from the LVNV group and has the standard 30 days to dispute language.

[ICANHASMUNY?]

send them a FOAD with the FTC / CFPB cite.

 

What exactly did the letter state? did you read the amicus brief?

[FreeaAndClear]

Yes, I read the Amicus Brief.

 

My letter states that they are not obligated to renew the offer but it doesn't state that interest will continue to accrue.

 

It says if I dispute within 30 days, they will send me verification of the debt or a copy of a judgment against me. (They have no judgment.)

 

It then lists about 8 items I can request. They are the same basic items I already did request from LVNV.

 

It states that they are a debt collector attempting to collect a debt and includes my rights specific to CA.

 

It does not contain any language re: the SOL.

 

I feel good about my ability to frame the complaint to the CFPB.

 

In re the letter to the CA, I'm just not sure if I should request the items they tell me I can request or just tell them to cease contacting me, that I'm outside of the SOL and that their letter is a violation, etc.

[FreeaAndClear]

Maybe I should add:

 

It offers a 70% off discount made in 6 payments

It has payment coupons I'm supposed to detach and send with each payment.

It nowhere mentions Resurgent but I assume, based on what others have experienced, Resurgent is going to respond.

 

I might mention to CFPB that they have hundreds of BBB complaints that they simply don't answer. Bad idea?

[CG in TX]

 

I might mention to CFPB that they have hundreds of BBB complaints that they simply don't answer. Bad idea?

I'm pretty sure that the CFPB is already aware of those. That appears to be one of the things that they look at when deciding which CAs to audit.

[ICANHASMUNY?]

Yes, I read the Amicus Brief.

 

My letter states that they are not obligated to renew the offer but it doesn't state that interest will continue to accrue.

 

It says if I dispute within 30 days, they will send me verification of the debt or a copy of a judgment against me. (They have no judgment.)

 

It then lists about 8 items I can request. They are the same basic items I already did request from LVNV.

 

It states that they are a debt collector attempting to collect a debt and includes my rights specific to CA.

 

It does not contain any language re: the SOL.

 

I feel good about my ability to frame the complaint to the CFPB.

 

In re the letter to the CA, I'm just not sure if I should request the items they tell me I can request or just tell them to cease contacting me, that I'm outside of the SOL and that their letter is a violation, etc.

 

you need to send the Cease all communication to Resurgent too and tell them that extends to third party debt collectors they hire or outsource to.

[ICANHASMUNY?]

http://www.ftc.gov/system/files/documents/amicus_briefs/esther-buchanan-v.northland-group-inc.no.13-2523-6th-cir./1403105buchanan6cir-amicus.pdf

 

 

The FTC and CFPB states that it's a deceptive tactic ( FDCPA violation ) depending on how the letter is written.

 

 

yes, you sent a dispute. file a complaint

why don't you post the letter they sent?

[FreeaAndClear]

I have the letter scanned and ready to send to the CFPB along with my draft to LVNV, Resurgent and FNCB. I can redact out the personal info for FNCb's letter but I don't have a clue how to post it. Do I need some sort of photobucket or something? I don't have anything like that.

[FreeaAndClear]

Maybe I can convert to text, copy and paste. Let me see.

Edited March 16, 2014 by Freedom Soon

[FreeaAndClear]

Maybe I can convert to text, copy and paste. Let me see.

 

This is to advise you that your delinquent account has been assigned to our office for collection by the above mentioned client.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion of it, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

In order to aid your financial situation, as may be necessary, we could set up your account on a monthly payment plan.

 

We would like to extend the following settlement offer:

 

A 70% discount payable in 6 payments of $xxx.xx. Each payment within 30 days of the previous payment.

 

We are not obligated to renew this offer.

 

For your convenience you may pay via a check over the phone or credit card.

 

You have our word that your account executive will treat you fairly and with respect.

 

Sincerely,

 

First National Collection Bureau, Inc.

 

This is an attempt to collect a debt. Any information obtained will be used for that purpose. This is a communication from a debt collector.

 

You may request records showing the following: (1) that LVNV Funding LLC has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor's or debt buyer's records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other documents evidencing your agreement to the debt. A request for these records may be addressed to: CA Address

 

[6 Payment Coupons Printed on bottom]

Edited March 16, 2014 by Freedom Soon

[Emtmedic44]

"You have our word that your account executive will treat you fairly and with respect."

 

Awww I got goosebumps!! How nice of them, LOL!

Edited March 16, 2014 by Emtmedic44

[FreeaAndClear]

Right?!

 

But notice they don't tell me it's past SOL. And they don't even say the matter will be closed if I pay. In other words, I see nothing here to prevent a single payment to them causing the SOL to start again.

 

And the Way I read it, if I dispute the debt, they are threatening to obtain and send a judgment against me so I'd better take this offer of "settlement" that they are not obligated to renew.

[ICANHASMUNY?]

now post your FOAD letters and the complaint to the CFPB against Resurgent capital.

[FreeaAndClear]

FOAD

 

Me
Street Address
City State

 

First National Collection Bureau
610 Waltham Way
Sparks, NV 89434

03/15/2014

Certified Return Receipt Mail No.: _____________

Re: Your Inquiry dated 2/17/2014

Ref # xxx - Original Account # xxx

To Whom it may concern:

I received a letter from your office on 2/28/2014 over an alleged debt from with LVNV Funding LLC. I have no knowledge about a past due amount owed to LVNV Funding LLC/Washington Mutual Bank, NA/Washington Mutual Bank. For that reason, when I discovered this on my Credit Report, I sent a letter requesting Debt Validation to LVNV on Jan. 30, 2014, CM# xxx pursuant to my rights under the FDCPA. I have received no response but for this demand and threat from you.

Under the FDCPA, 15 U.S.C. § 1692e, you are prohibited from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt” including false representations regarding “the character, amount or legal status of any debt,” threatening “to take any action that cannot legally be taken,” and “using any false or deceptive means to collect or to attempt to collect any debt.”

 

Per the FTC consent order and complaint with Asset Acceptance from January 2012, it is considered a deceptive practice in violation of Section 5(a) of the FTC Act 15 U.S.C. Section 45(a) to not notify me that you can not sue me on this alleged debt.

 

No such notification was included in the demand letter you sent me.

 

The consent order also prohibited “A.) Making any material misrepresentation, expressly or by implication, to collect or to attempt to collect a debt or to obtain information regarding a consumer; and B.) Making any materials representation, expressly or by implication, that a consumer owes a debt or as to the amount of a debt, unless, at the time of making the representation, Defendant has a reasonable basis for making such a representation.

 

Your letter to me states that I can request validation of this debt. I have already done so and the request has been ignored. Further, LVNV has continued to verify erroneous information to Equifax and Experian violating FCRA.

 

The only response to my request for validation under the FDCPA has been a letter from you, First National Collection Bureau (FNCB), demanding payment of a debt I don’t recognize, including payment coupons and a warning that you are not obligated to renew the offer. Further, you threaten to obtain and send me a copy of a Judgment while ignoring the fact that this debt is clearly past the applicable Statute of Limitations.

 

Under relevant California State Code the subject account has a 4 year limit for filing any legal action or collection. The starting date of this statute of limitations is the date of first default with the Original Creditor of the subject account. You state that the original creditor was Washington Mutual Bank, which was sold to JP Chase Morgan on September 25^th, 2008. The date of first delinquency for any charged off account must have been before this date. Further, there is an entry of Experian and Equifax for LVNV with a matching account number that lists the date of first delinquency as xx/2007.

This notification is formal notice to you that any filing of a legal action by you, or your representatives or assigns, is therefore time-barred.

What you are attempting to do is clear. Continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease and desist from any further contact with me. You are not to sell, transfer, assign, or share any information about me, or this alleged debt, to or with anyone. Please note that I, or my legal representative, may use proof of your receipt of this notice in further action if necessary.

Your letter and LVNV’s actions and lack thereof, are violations of the FDCPA and FCRA. Delete all associated reporting from all Credit Reporting Agencies immediately.

 

Lastly, a simple search of the Internet has alerted me to the fact that Sherman Financial Group/LVNV LLC, et al., have multiple companies and, as a matter of standard practice, will likely continue to move this account to one or more alternate entities. This is in contradiction to both the letter and the spirit of the law. Copies of this letter have been sent to LVNV and Resurgent. I expect full compliance with the Law by all entities and outsourced companies and firms hired by and associated with Sherman Financial Group.

[FreeaAndClear]

DRAFT complaint to CFPB

 

When I pulled my credit reports, I found an entry from LVNV that I am not familiar with. I had never received any correspondence from this entity; they just parked this collection on my credit report.

 

I sent them a letter to the address listed on my credit report on January 30^th, 2014, (letter attached) and they received it on February 3^rd, 2014, (proof of delivery attached.) In the letter, I requested validation under the FDCPA. I never received any response from them.

 

I disputed the item with the TransUnion, Equifax and Experian. TransUnion deleted it but the other 2 agencies claim it was verified by LVNV.

 

On March 1^st, 2014, I received a letter from First National Collection Bureau, on behalf of LVNV, dated February 17^th (Presidents Day and a Federal Holiday.) It had no postmark so there is no way to know when it was mailed but I suspect it was well after the 17^th and they are trying to shorten the period of time in which I have to respond. (Letter attached.)

 

Regardless, I have responded within the 30 days from the date the letter is dated. (Copies of letter mailed to First National Collection Bureau, LVNV and Resurgent are attached.) I have never received anything from Resurgent nor does the letter from First National Collection Bureau mention Resurgent but my research on the Internet indicates LVNV will try to move this to Resurgent so I want to put Resurgent on notice.

 

In the letter from First National Collection Bureau, they are threatening to sue me or saying that they already have. They state that if I dispute this debt within 30 days, they will send verification or a copy of a judgment against me. I checked with the Los Angeles Superior Court and there is no judgment against me. No suit has been filed.

 

They are asking me to pay a “settlement offer” of 70%, an offer which they are “not obligated to renew.”

 

On my credit report, LVNV is listing the original creditor as Chase Bank USA Na but I’ve never had a Chase credit card. This single letter I received from First National Collection Bureau states that the original Creditor was Washington Mutual Bank. Washington Mutual has been out of business for nearly 6 years so any debt from them would be well past the Statute of Limitations in California, the only State in which I’ve lived for over 10 years.

 

Can you please assist me with this? They are reporting incorrect information on my credit reports, refuse to answer my letters and now I have to worry about them suing me.

[FreeaAndClear]

I know the above are long. I would appreciate any feedback on the above.

 

Unfortunately, I've got a flight back to the East Coast tonight for work so I was hoping to package them up so I can easily mail them out tomorrow. I don't feel comfortable printing out the finals from a hotel or my visiting office and I won't be back in time to mail them before the 30 day date on the CA letter.

 

I was wondering if I should add anything specific to California's Laws since I believe LVNV tries to hold themselves out as an OC but Cali Laws don't require OCs to respond to DVs. Further, the CFPB is a Federal Agency so I assume they're not looking at State Laws.

Edited March 16, 2014 by Freedom Soon

[ICANHASMUNY?]

DRAFT complaint to CFPB

 

RE; complaint concerning Resurgent Capital services

 

When I recently pulled my credit report from ( CRA Name ) , I found an entry that I was not familiar with; LVNV funding was reporting a debt I had never received any correspondence from this entity or from any collection agency on their behalf ; they just parked this collection on my credit report. My address and phone number listed with (CRA name) is current and has been for XX years, I don't know why they couldn't have contacted me beforehand as they had access to this information.

 

I sent them a letter to the address listed on my credit report on January 30^th, 2014, they received it on February 3^rd, 2014, In the letter, I requested validation under the FDCPA. information regarding this account, but I have not received any response from LVNV Funding

 

I disputed the item with the TransUnion, Equifax and Experian on xx-xx-xxxx, TransUnion deleted it but the other 2 agencies claim it was verified by LVNV.

 

I have since found out thru an internet search that LVNV Funding doesn't handle any reporting of accounts to the CRA's or engage in any collection. According to their website http://www.lvnvfunding.com/ a collection agency by the name of Resurgent Capital Services handles all reporting, and either outsources collections to other Agencies, or performs collections themselves, including hiring attorneys nationwide to file suit against consumers.

 

Company Overview

LVNV Funding LLC, ("LVNV") purchases portfolios of both domestic (U.S.) and international consumer debt owned by credit grantors including banks and finance companies, and by other debt buyers. As the new owner of any debt previously owned by another creditor, LVNV's name may appear on a customer's credit report or in a letter from a collection agency.

The management of purchased assets is outsourced to a third-party specializing in the management of these types of consumer assets, Resurgent Capital Services LP (Resurgent). Resurgent is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers, including LVNV, and performs these services on their behalf. Resurgent, a licensed debt collector, may perform these activities directly, or in most cases, will outsource the recovery activities to other, independent, specialized, licensed collection agencies. If you are a customer, please direct your inquiries to the firm currently servicing your account.

If you would like to speak to a representative of Resurgent, please contact Resurgent Customer Service at 888-665-0374 (www.resurgent.com).

http://www.lvnvfunding.com/

 

© Copyright 2008 LVNV Funding LLC. All Rights Reserved

 

 

 

On March 1^st, 2014, I received a letter from First National Collection Bureau, on behalf of LVNV, dated February 17^th (Presidents Day and a Federal Holiday.) It had no postmark so there is no way to know when it was mailed but I suspect it was well after the 17^th and they are trying to shorten the period of time in which I have to respond. (Letter attached.)

 

 

In the letter from First National Collection Bureau, they are threatening to sue me or saying that they already havee???? I don't see that in the letter you posted, don't make claims that you can't back up.

 

. They state that if I dispute this debt within 30 days, they will send verification or a copy of a judgment against me. I checked with the Los Angeles Superior Court and there is no judgment against me. No suit has been filed.

 

They are asking me to pay a “settlement offer” of 70%, an offer which they are “not obligated to renew.”

 

Regardless, I have responded within the 30 days from the date the letter is dated. on xx-xx-xxx, sending letters to LVNV Funding, Resurgent Capital services and to First national collection bureau

 

I have never received anything from Resurgent nor does the letter from First National Collection Bureau mention Resurgent but my research on the Internet indicates LVNV will try to move this to Resurgent so I want to put Resurgent on notice.

On my credit report, LVNV is listing the original creditor as Chase Bank USA Na but I've never had a Chase credit card.

 

This single letter I received from First National Collection Bureau states that the original Creditor was Washington Mutual Bank. Washington Mutual has been out of business for nearly 6 years so any debt from them would be well past the Statute of Limitations in California, the only State in which I've lived for over 10 years.

 

Also, the WAMU account has fallen off my reports, and Chase is not reporting either.

 

Can you please assist me with this? They Resurgent capital services is reporting incorrect and obsolete information on my credit reports, refuse to answer my letters, turns the account over to a different collection agency, and now I have to worry about them suing me on a time barred debt.

 

These are really unfair and deceptive acts by Resurgent Capital services - they are playing games outsourcing collections and reporting accounts to the Credit reporting Agencies under a different name; LVNV funding, when in fact they are handling all the reporting and collection activities.

 

list out all your attachments here at the end, putting it in up above makes it hard to read.

 

it this thread about LVNV Funding the Same JDB as this thread?

 

http://creditboards.com/forums/index.php?showtopic=523367&hl=

 

Name: [JDB]

Original Creditor: [Major CC]

Status: "No Status"

Status Details: "This was updated from our processing of your dispute in Jan 2014"

Date Opened: 1/2009

Reported Since: 1/2009

Date of Status: 1/2009

Last Reported: "NA"

Type: "NA"

Terms: "1 month"

Monthly Payment: "NA"

Responsibility: "Individual"

Credit Limit/Original Amount: "NA"

High Balance: "NA"

Recent Balance: "NA"

Recent Payment: "NA"

Your Statement: "Account in dispute under Fair Credit Billing Act"

because if it is, you should fold that information in on this letter;

that the OC account has fallen off your reports, that they have reaged the reporting and sent CA after you on a Time Barred debt,

[FreeaAndClear]

Thank you!

 

The thread you referenced was about a different JDB. It went away with your assistance. I can't thank you enough!

[ICANHASMUNY?]

Thank you!

 

The thread you referenced was about a different JDB. It went away with your assistance. I can't thank you enough!

has WAMU and or Chase fallen off your reports yet?

 

when was the DOFD on that account?

 

be sure to edit the letter if it hasn't fallen off your reports.

[FreeaAndClear]

WAMU was never on. Chase is only gone from TU. It all comes off in the next 2-5 months. Transunion already deleted everything.

 

I am absolutely certain that, if this is my account, I made no payments past 5/2007 and I can prove it with my banks statements and their letters/ statements. The DOFDs on my cedit reports range from May to August. Chase is wrong on their dates and also reported a payment of about $400 in May 2008. I never made a payment and suspect this was the internal transfer rate between WAMU and Chase. I disputed and they deleted the amount but not the date. It would still be out of SOL.

 

I did edit the letter to remove/correct that part.

 

All 3 letters are ready to go out tomorrow, including CM# on letters and attached to envelopes. Spouse will take them to post office tomorrow. I want to make sure they go out within the 30 days.

 

I plan to file to complaint Thursday morning when I get home. (Flying East right now.)

 

I will keep you posted.

[FreeaAndClear]

 

Thank you!

The thread you referenced was about a different JDB. It went away with your assistance. I can't thank you enough!

 

has WAMU and or Chase fallen off your reports yet?

 

when was the DOFD on that account?

 

be sure to edit the letter if it hasn't fallen off your reports.

Or do you mean DOFD with the account from the other thread? That was Midland and they deleted when I DV'd.

 

Had a financially catastrophic year in 2007. Heath and couldn't work, had stellar credit and then defaulted on everything within a few months. So everything is falling off this year. Fortunately, I had positive accounts that were closed but had no balance so I still have plenty of age and credit is rebounding rapidly. TU deleted everything but 1 early and I've gone for. 556 to 720 in 3 months.

 

I've had NO open credit since 2007 until July of last year when I opened a secured card after I found CB. No chance that anything I have is past mid-2007. I just hid my head in shame and lived off cash. Wish I would have found this place sooner!

[ICANHASMUNY?]

Also, the WAMU account has fallen off my reports, and Chase is not reporting either.

 

 

Strike the above , state this instead;

 

" I've never had a WAMU account show up on my credit reports previously, don't know Why Chase Bank was reporting , not even sure I had a WAMU Account. "

 

 

I would Send Chase bank a FACTA letter if you are not sure that you had a WAMU account; modify it to suit your situation; dispute thier reporting of it on your credit report too.

 

this letter; http://creditboards.com/forums/index.php?showtopic=510029