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LVNV Funding, arranged payment agreement, filed by LVNV to court, now LVNV changing terms


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LVNV funding filed against me in court for a passed due Credit One account.  I contacted them, and the person I spoke to told me how I could pay the bill: 150 due in 2 days, then 230 a month until November 12, at which point I am supposed to pay the remaining balance. The balance was to be paid through their payment agent.

I paid the 150. I paid the 230. Then I received a letter threatening to continue the court case because I had FAILED to make payment. Contacted their payment rep, who told me that I was only supposed to pay 150. Apparently they had sent a legal stipulation for me to sign, admitting all guilt, along with their payment terms, that I was to mail back and they would file with the court. 

The rep also said that I had agreed to pay 280 a month ( I didn't) and that was why they had sent me a threatening letter. Obviously these people are not keeping up with each other. So rep looked at the notes from when I made the agreement and indeed I had agreed to 230. 

LVNV filed my admission of guilt and the outlined payment arrangement of 150 a month until Nov 12, at which time their agreement says I am to pay the remaining $298.88. 

Okay. None of the figures are mathematically adding up in reference to the dates.  I have paid 610.00 at this point. 

Today I received a letter from someplace called "Client services" who says the debt has now been placed with them by LVNV for collections. They have seen be a "debt validation notice".  They are requesting that I now pay the remaining amount of the debt to them. 

What happened to my prior, court filed arrangement? I fully planned to pay the amount in payments, as I agreed to and as is filed with the court. 

Is it legal to change the terms of the agreement? 

I cannot pay all at once the remaining amount right now. I don't understand why I have not been notified by LVNV over this, as I was making payments as agreed. 

The payment agents for LVNV is a law firm. This law firm filed to dismiss the complaint with the court on Sept 20th. The letter I received from the new collection agency is dated September 21. 

Logically I am guessing since they requested dismissal of the complaint through the court, the payment arrangement they filed is now tossed out? And I am in the position of paying the new collection agency, which is call Client Services? 

Any advice? 

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What was the original balance?  It sounds to me like you've paid them enough where it's no longer worth their time to continue pursuing you in court.

 

We would have advised not paying anything without first having the original agreement in writing.

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A stipulated Judgment is just as bad as one where the Court found for a plaintiff. 

 

However, if you never signed an Agreement, then there is no superseding contract in the equation.  An exception COULD exist if you are in a jurisdiction where oral contracts are deemed binding.  Also lost in all of this is what reply briefs YOU filed with the Court. 

 

The entry of a new name does not mean the paper was sold.  Placements occur even amongst entities who purchase paper.  It is also possible that LVNV elected to dismiss the case, take what they had been paid thus far and sell off the balance to the next sucker in the chain.  But with a dismissal, then you ALSO need to know exactly what has been filed with the Court.  It sounds as though you DO NOT know...absent a signed Agreement, there was no Agreement.  If an Agreement existed in writing, then the MTD takes on added significance.

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I signed a payment agreement and admission, which they then filed in court. I paid as I agreed with them. They then "dismissed as per stipulated agreement". The case was then filed as "dismissed without predjudice". This leaves a remaining amount to be paid, the new collector says they are collecting on behalf of LVNV. 

This was the same thing as in the beginning, except now it's not an attorney, just a collection agent. 

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