Sued by LVNV—what NOT to do when fighting a collector
I am reposting Hope’s comments from Update on LVNV Funding validation and credit reporting:
Hope wrote today:
First of all I am not coming at you like I want everyone to fly down. And secondly I am not mentally challenged. I have all the evidence I need I have recorded phone coversations from these people telling me that I was messing with the wrong person, then they see I have nothing negative on my record or any court cases filed against me and they will be the first do do so. They have threatened to come to my house and collect the money in person, let me tell you something Christine, I have a lawyer and he reviewed my case yesterday and we are going forth with this and I could send you all my information if you would like and you can see my proof and let me tell you its not a WEAK case honey this case is civil he has taken us to bigger court than the little petty crap cases. I have paid my lawyer $2500 to take this on and its only a $3400 debt. So if you want the info I’ll be glad to mail it to you today if not I do not want you to go to court I want them stopped and all I was asking for is information from others who read this and see this to let me know what happened to them and I can use it in court to have them shut down. And thank you I was thinkin about filing a group law suit up to $500,000 in damages if I could get the group together to do it. So I don’t believe I ever said you were going to be doing this for free.
When you responmd to people that are trying to help others and you say that is why you posted this then has some respect for others and do not tell someone that they are mentally challenged. Thats slander. And when I go to court and have all this crap of a company put down I will be more than happy to post it for everyone to see. But now like I said I have a summons and a lawyer and also check your summons if you get one. They are to be timed stamped by the court and if not you do not have to take it. We didn’t know that and took ours its illegal and something elso to hold them for also they have the wrong county as where we live. Alst of mistakes. Don’t believe me call your Clerk of Court Office and find out. Now Mrs. Christine do you want to argue with me or do you want me to help everyone that has been crapped by this company like you are? But you need not call people names because I do not have time for people just trying to be mean, to others about something like this. And thank you I have a website and I will get one together properly after I have taken over their lives like they have mine, my husband, and our 3 children.
Let me start with “When you responmd to people that are trying to help others and you say that is why you posted this then has some respect for others and do not tell someone that they are mentally challenged. Thats slander.”
This comment documents that I’m dealing with someone who is NOT very bright, has ZERO legal background and is NOT worth 3 minutes of my time. But because there are SO many readers like Hope (see the other comments at that thread, which Hope obviously did NOT read, nor did she follow the links to my published research) and I get SO much mail from people like Hope, I decided to explain a few things AGAIN. Yes, again, for the umpteenth time.
I’m very glad that Hope has a lawyer who ought to be at least a little more up on court rules than Hope and he knows better than to request totally unqualified consumers’ TESTIMONY IN COURT. But I question his competence or the strength of Hope’s case.
Why didn’t the attorney take the case on contingency?
Under the FDCPA he should get his fees awarded by the court and paid for by LVNV. So what gives?
And as far as helping readers, I really have NO desire to do so unless I get paid or the reader publishes the case.
I KNOW that people like Hope WILL sell out!
I have over 15 years experience working with distressed consumers who promise the moon and deliver nothing. I’ve documented it hundreds of times at my websites.
“And thank you I was thinkin about filing a group law suit up to $500,000 in damages”
Never once has anyone who asked me for help actually come through and litigated to make a difference. And I really was hopeful when one consumer put $35K of their OWN money on the line to file a class action against the CRAs with the best attorneys she could find. I wasted a lot of time, didn’t hear anything for months and then my e-mail wasn’t responded to. They must have settled with a confidentiality clause and didn’t even bother to let me know.
Everybody has a price. The attorneys want to get PAID. And that’s why things suck as they do.
That doesn’t mean that there aren’t some consumers with integrity and spine, but they are NOT the ones who request my assistance. In the left column are several links to consumer litigation. Those people contacted me because they wanted to SHARE their litigation, not to make me work free of charge for their personal gain.
“Now Mrs. Christine do you want to argue with me or do you want me to help everyone that has been crapped by this company like you are?”
Like I am? LVNV “crapped” me? I have no accounts with LVNV or any other collector. And when NCO ran my credit and Focus called me I sued them and my complaint is published.
And if Hope meant to say that I’m helping everyone—that’s not at all what I want to do. I’m showing people how to help themselves, how to publish their litigation as I do and how to make a difference by sharing.
You need Hope’s help like a hole in the head.
And I certainly will NOT post Hope’s contact info so that the blind can lead the lame to losing lawsuits filed by crummy collectors like LVNV. Anyone with half a brain will be able to find TONS of useful info at my websites, linked above at the menu. That’s that blue bar with words like “CreditCourt” in white letters.
“And thank you I have a website and I will get one together properly after I have taken over their lives like they have mine, my husband, and our 3 children.”
AFTER you sent me the URL to your website I might be willing to assist. Make sure that you delete your personal identifying info like SSNs and I wouldn’t post the home address either.
Get your attorney’s approval.
If I feel that there is valuable accurate information, I’ll definitely link to it and encourage other to provide you with affidavits, IF that is what your attorney wants and he will have to contact me. I’m not interested in another site with rants. I want to see the complaint, the counter claims, the class action filing, excerpts of the recorded calls (everybody loves those).
I want to see DOCUMENTATION, not allegations.
I certainly would like to see a class action, but since your attorney wouldn’t even take your individual case without requiring $2,500 from you, do you HAVE $30,000 to get STARTED on a class action?
Have you looked at the Capital One demand for over $100,000 in legal fees? They didn’t even take a single deposition, weren’t deposed and didn’t even answer my discovery requests.
Hope. like most people, has no clue about the law, courts and litigation. Merely WANTING to file a class action because you’re angry will NOT make it happen.
I don’t want Hope to send me her court filings.
I already had some people give me their court filings, and they were interesting, but since I can’t publish them (their lawyers won’t allow it), it’s rather useless information. As I’m writing this, I realize how I wasted my time reading those filings because I no longer remember what the significance was and since I couldn’t post about it, I don’t have a link to click on to review my thoughts. What a waste of time.
I’m better off focusing on developing my software and trying to make a few million dollars so that *I* can fund some litigation and do it the right way and make a difference for all.
Even my own pathetic litigation efforts made a difference.
Target now reports the credit LIMITS for all store card accounts on all reports I’ve seen without having to dispute first.
I didn’t file a class action, but I widely publicized my litigation and even though I LOST in court (pending appeal), I still WON.
There are many ways to skin a cat. Wasting my time on people who have good intentions but no experience and no published documentation is NOT one of them.
Hope also submitted what appears to be the ANSWER to the complaint, but it wasn’t addressed to the court, but to LVNV. These are mistakes people make, but I really don’t want to post it here without also having the CORRECT answer to the court, with the proper legal terms and of course COUNTER CLAIMS. Too many people would simply copy all those mistakes and that would be very bad for them and certainly result in judgments against the consumers for LVNV.
So, no more rants, please.
It’s up to all the people with LVNV accounts to PROPERLY dispute with LVNV and the credit bureaus, to get actionable FDCPA and FCRA claims, to prevail in court, to document and publicize their litigation and to make LVNV change how they do business.
1/17/07 update:
If a collector reports on your credit:
LVNV Funding “validation” and bizarre credit reporting
If you’re being sued:
Court ruling re. LVNV, Sherman, Resurgent motion for summary judgment
This is the kind of stuff I’m looking for: Court rulings and filings. It really would be helpful to get an answer with counter claims for FCRA & FDCPA violations, so that people who don’t have any legal skills could work off it for their own court filing.
I’ve been fighting LVNV & eleven other like bottom feeders for myself and a few union brothers since March 2006. I have been able to have a judgment dismissed, have enough violations of both the FCRA and FDCPA with others to be in a position to negotiate a settelment with them, either as a paydown or as a payoff - Paid as Agreed! Email me at [e-mail deleted] and I can help with info., a tale of how I got in this position as well as the resources I used.
BobbyT
Christine, I will provide the documentation of the summary judgment dismissal when I recieve it. not much but...hope it helps you. I would also like to provide a link to your website from mine that is presently being built in the credit info section. I would also like to post it on my Blogs. Glad I found you!!
BobbyT
[e-mail deleted]
“I have been able to have a judgment dismissed, have enough violations of both the FCRA and FDCPA with others to be in a position to negotiate a settelment with them, either as a paydown or as a payoff - Paid as Agreed!”
Bobby, it sounds to me like you are BLACKMAILING LVNV by threatening to sue them for violations if they don’t accept settlements and report “paid as agreed” for your customers. Are you an attorney?
If that’s how you want to make a living, that’s fine. But I don’t endorse that type of conduct - not when collectors threaten consumers and not when credit repair companies threaten collectors.
If you have filings to add to LVNV Funding “validation” and bizarre credit reporting—great.
The motion you filed will definitely help MANY people!
And if I LIKE what I see at your site, you have a last name and I verified that you are qualified to do what you advertise and I approve of your fee structure, I’ll link to your site.
I won’t judge a book by its cover, I’ll read your site whenever there’s more than a construction notice.
