LVNV BBB complaint

[aluvlycupl]

So I sent this letter to the BBB and I'm curious what you opinions are...so here it is.

 

I am writing this in hopes that your office will help expedite a resolution to the following issue.

In the summer of 2013, I received a debt collection letter from a third party claiming to be attempting to collect a debt from me on behalf of LVNV Funding/Resurgent Capital Services LP

I have several concerns involving LVNV Funding LLC/Resurgent Capital Services LP. The account that this refers to is listed on all three of my credit bureaus. I am sure that your office is familiar with this company as my research indicates, many consumers, with similar problems. Please see my complaints listed below.

1.) No notice of account acquisition or "Dunning letter". To this day I have not received any notice from LVNV Funding LLC that they own this debt and intend to commence collection efforts. Yet they're reporting this monthly and have been for years now. This is a violation of the law. See FDCPA 15 USC 1692e Section 807 (10)&(11)

In response, I educated myself on my rights and sent them a debt validation letter. I allowed thirty days for a response and still have not received any communication from them.

2.) LVNV Funding is not licensed to collect debt in the state of Maine (where I reside). Although, this company hires third party collections agencies, they're(LVNV Funding LLC) still required to be licensed as well. Which also is a violation of the law. See Maine Fair Debt Collection Practices Act Title 32 Chapter 109a §11031 Sub chapter 3 (1), Subchapter §11013 2 B(1) and G. See also FDCPA 15 USC Section 1692e Section 807 (2)a & (10).

3.) The next violation is greatly debated. However, having read FTC opinion letters I believe that violations have occurred here as well. LVNV Funding is reporting themselves as a Factoring company. This is an intentional misrepresentation of their company as they purchase accounts already in default. Deceptive practices are prohibited and unfair.I believe this falls under US Code Title 18, Part I, Chapter 42, Section 894 Should LVNV Funding LLC persists as a Factoring Company, I would respectfully request the following

1) Please provide evidence and documented proof that you are in fact legitimately factoring this alleged account.
2) Provide documentation from the Original Creditor that proves that in fact this account was factored to your company while in good standing.
3) Provide documentation/proof that this account complies with U.C.C. Article 9, Secured Transactions, and complies with FDIC rules and Regulations regarding factoring of open-ended credit.
4) Provide evidence of LNVN Funding LLC compliance with FCBA, TILA and FDIC rules and regulations.

I also want to take the liberty to mention that I received a letter from a third party who was collecting for LVNV Funding and I requested debt validation from them but never received a response. Within a month's time, I received a letter from a different third party seeking to collect on the same debt for an amount that was nearly double the amount from the last third party. This conduct seems very suspicious.

As a result of my complaint, I would be satisfied with having this account be deleted from the three credit bureaus and not be re-sold or pursued any longer. Otherwise, I will contact an attorney with my concerns.

The above referenced legal breaches are of extreme importance to me and my family and is causing me long-term, damaging effects, including interfering with my attempts to obtain a home loan. I appreciate your willingness to consider my concerns and help me in resolving this matter. Please feel free to contact me with any questions.

Thanks for your imput

[ICANHASMUNY?]

leave out the home loan part if they know that you are shopping for a loan, they will never delete.

 

 

how long have they been reporting?

[aluvlycupl]

Thanks, good point. They have been on my report since 10/09

[ICANHASMUNY?]

is the OC still on your reports, and does the DOFD match for both tradelines?

 

just because LVNV purchased the account doesn't mean they get to reopen it, add more lates on a previously charged off account or reset the DOFD.

 

if they did, it's called reaging and it's a violation of the FDCPA and FCRA.

 

I would hold off on any complaint to the BBB until you learn more about LVNV /resurgent.

 

LVNV never contacts the consumer directly, all collections are handled by resurgent.

 

resurgent also handles all credit reporting - if you sent a dispute, the account should at least be reported disputed.

 

however, reporting is considered Collection activity - resurgent should stop reporting until after they send validation to you .

 

did you reply to the collection letters within 30 days of reciept?

 

if resurgent hired another CA to collect without answering your request for validation, that's a FDCPA violation also - they continued collection by outsourcing .

[graymidday]

Following, am dealing with them myself and filed a complaint with the consumer protection bureau last week, I have a post on it somewhere here. Maybe you should go that route also

[JuJuNola]

 

So I sent this letter to the BBB and I'm curious what you opinions are...so here it is.

 

1.) No notice of account acquisition or "Dunning letter". To this day I have not received any notice from LVNV Funding LLC that they own this debt and intend to commence collection efforts. Yet they're reporting this monthly and have been for years now. This is a violation of the law. See FDCPA 15 USC 1692e Section 807 (10)&(11)

 

 

I'm curious....when an account is sold to a JDB, are they required to send a notice of acquisition or information that they own the debt to the consumer prior to credit reporting?

[aluvlycupl]

The original creditor is showing on one of my reports, they came off from another after I disputed with that bureau. As far as Resurgent goes I didn't hear from them until I asked for validation from the third party they hired. I didn't DV the first third party letters I received. Instead I attempted to settle but they would not send me anything in writing. That's what promted my research. LVNV is reporting a 1 month term and late each month as far as I've read they always seem to. I should have checked here first I already sent my complaint the other day

What action should I take next? Hopefully I didn't do too much damage to myself as I do believe that laws have been broken....

[ICANHASMUNY?]

 

 

So I sent this letter to the BBB and I'm curious what you opinions are...so here it is.

 

1.) No notice of account acquisition or "Dunning letter". To this day I have not received any notice from LVNV Funding LLC that they own this debt and intend to commence collection efforts. Yet they're reporting this monthly and have been for years now. This is a violation of the law. See FDCPA 15 USC 1692e Section 807 (10)&(11)

 

 

I'm curious....when an account is sold to a JDB, are they required to send a notice of acquisition or information that they own the debt to the consumer prior to credit reporting?

 

 

Depends on your state laws; in florida an assignee must give notice within 30 days of assignment.

[aluvlycupl]

Anxiously waiting, I haven't heard anything back from the BBB. I filed a complaint with the CPA also. How long does it usually take to hear back? I've also have seen people go to the AG. Should I consider that also?

[graymidday]

I would, nothing to lose and they did delete off my reports. I will be doing some AG complaints myself soon. I am learning the last few weeks on this journey it seems the best way to get these JDB's is calling them out on their violations.

 

I followed up a 2nd time with the CFPA today on my LVNV complaint and they assured me it had already been sent over to Northland/Resurgent. Even though LVNV deleted off my reports ICAN told me to still follow through with my complaint because they could possibly reinsert. So I did that today.

 

And, while I was on the phone with them went ahead and filed another complaint on a CA using the term Credit Bureau in their actual business name which is clearly a violation as well. So, my 30 minute phone call was well worth the time

[aluvlycupl]

Just heard back from the BBB, LVNV is going to delete! They said it would take 30-45 days to complete. What if anything should I do next. I haven't heard anything from the CFPA.

[graymidday]

Shouldn't take that long they deleted mine within a week but I kept my complaint open and it's moving forward with CFPA. Do not close the complaint just because they deleted. this company needs to be accountable for their continued violations. And, they may always try to re-insert the TL at a later time too. Continue with the complaint with CFPA.

[Deuce1Pac]

I am also dealing with LVNV. I received a letter from a local law firm stating they were contacted by LVNV to collect a debt from me. I am writing the law firm a validation letter, but after reading these posts I need to do some research on LVNV and see if they have broken any laws. If I could get this deleted it would be a huge relief! This is the worst item on my CR.

[graymidday]

Here are the complaints on Northland Group 110 of them from the last 12 months to the CFPB

https://data.consumerfinance.gov/dataset/Debt-collection-complaints/fphp-cr5a

 

 

I am also dealing with LVNV. I received a letter from a local law firm stating they were contacted by LVNV to collect a debt from me. I am writing the law firm a validation letter, but after reading these posts I need to do some research on LVNV and see if they have broken any laws. If I could get this deleted it would be a huge relief! This is the worst item on my CR.

[tmcgill]

FYI: The BBB does not have any legal authority to get errors fixed. Complaints regarding federal and state law violations should be directed to the CFPB or your state attorney general, or the state regulator (for utility bills).

 

The BBB is a resource that has a place, but essentially acts as a non-legal mediator.

[CG in TX]

FYI: The BBB does not have any legal authority to get errors fixed. Complaints regarding federal and state law violations should be directed to the CFPB or your state attorney general, or the state regulator (for utility bills).

 

The BBB is a resource that has a place, but essentially acts as a non-legal mediator.

True, but unresolved BBB complaints are one of the things that the CFPB looks at when deciding what organizations get a friendly visit.

[tmcgill]

So, the BBB unresolved complaint should be mentioned when you file with the CFPB? Otherwise, how would they know?