Update on LVNV Funding validation and credit reporting
“LVNV Funding” has been the most searched for term since I posted about it a while ago. I just posted the letter LVNV sent for “validation of debt” as well as the actual reporting:
LVNV Funding “validation” and credit reporting
The validation is total baloney. I may end up asking Allison Moon to supply a notarized sworn statement and the documentation with the “information” she has about the account.
Even if they supply documentation for the account, I don’t think it should be admissible evidence in court.
After all, they have no personal knowledge about the account, no application and most likely nothing to prove that the debt is legit. We can’t even submit credit reports received directly from the CRAs to document incorrect reporting by creditors. There’s no way that a collector can certify that a debt is legit. Only the original creditor can do that.
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Update 10/15/07: The Phoenix federal court ruled that I could NOT use credit reports received directly from the credit bureaus to substantiate my claims against Target without “authentication” by the CRA (declaration certifying the report and data.). I appealed and I am currently awaiting the appeals court’s ruling. And, I was in federal court and collectors file in state courts, so different rules apply.
If I can’t use the original credit report in court, then collectors can’t use any info from the original creditor unless it is authenticated by the original creditor’s sworn declaration. I’m just looking for EQUAL treatment in court. However, most collectors don’t even have any statements, they often have nothing but some unauthenticated printout.
If you’re being sued by any collector, check of course the statute of limitations in your state too.
And don’t start disputing the credit reporting and/or the debt with the collector INSTEAD of filing your motion to dismiss or motion for summary judgment. It’s too bad that so many people are completely ignoring their credit until they get sued. If they had some COUNTER CLAIMS, they could get a check from LVNV and most likely, LVNV wouldn’t sue them at all.
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The CREDIT REPORTING
That’s as bizarre as their validation, but not that unusual. I’d say that close to half the recently reported collections are reported as TRADELINES and therefore seriously lowering the FICO scores. The balances are included in the B/L ratio, the account is CURRENTLY delinquent and therefore devastates the scores.
The accounts are very effectively re-aged and misreported to inflict maximum damages on consumers.
The CRAs of course know that collectors don’t have tradelines and this would make a great RICO suit.
Between the absurd credit reporting and validation issues, LVNV should be writing the checks to the consumers. Factual disputes with the CRAs and the dispute with LVNV should result either in deletions or FCRA and FDCPA violations.
Update 10/15/07:
I keep getting a ton of reader mail about LVNV and I thought I had already made it clear in all my LVNV postings that I will not provide personal consultations free of charge. However, a reader just sent me this link and with all the comments below, it’s no wonder that people write to me, I suppose few people read all the way to where I finally disabled comments.
It’s unfortunate that I didn’t have a single person contact me who was suing LVNV and providing the real thing, the unedited complaint, motions, docket, etc. to post so that everybody can use it as a sample. A lot of people are being sued, it’s an epidemic. It’s such EASY money for collectors, most consumers don’t even TRY to put up a fight, most collection suits result in default judgments.
I’m not a lawyer, so I can’t give you legal advice.
I can only give you CREDIT advice and give you links to legal resources, tell you what I would do, etc. And I have no intention of being forced into bankruptcy by people who think I need to work free of charge. Some even insist that I have an obligation to work for them, often justifying their bizarre demands with their argument that it only takes “a few minutes” of my time.
It’s MY time and I decided that it’s more important to work on legislative changes and make a difference for ALL.
See my 10/12/07 press release:
Focus Receivables sued for violating Fair Debt Collection Practices Act
Not only do I not owe anyone “a few minutes”, but I don’t do half ass work—there is certainly no lack of horrible advice on the web, try the public FREE forums. If you want my advice, subscribe to CreditFactors. I’ll be glad to answer questions at the forum free of charge and if you want privacy and a complete analysis, you can order that too (as time permits).
I hope I’ll get less LVNV mail requesting free consultations now.
Christine:
Forgive me for submitting this without my name and location, but I would like to maintain a small measure (very small I’m sure) of anonymity pending the outcome of my lawsuit against these crooks.
And they ARE crooks and extortionists. I found their tradeline on my report last year and after doing some research came to realize that they were reporting incorrectly (a tradeline that is re-aged, listed in the currently past due section of my report, 120 days past due, open, and they have classified themselves as a factoring company). They have pretty much broken every rule of the book.
Well, after disputing with the credit bureau, I started a letter-writing campaign to this company in order to have them fix their mistakes. Instead of them fixing their mistakes, they started changing the tradeline every 3 weeks in a negative manner which would destroy my credit score by 50 points a pop. (They would then be kind enough to make another change 3 days after changing it back to the way it was initially - and still wrong - but it would never bring my score back fully.) They’ve done this 7 times in six months. Can you say willfully vindictive?
I’m really looking forward to making them pay in court for their willful and fraudulent behavior.
I’m thrilled to see you’re suing them for the reporting. Please e-mail me privately to (with “LVNV Funding” in the subject so I don’t delete it with the spam)
I’ll be happy to give you an affidavit regarding the reporting and scores.
I recieved a a bogus validation of debt by Allison B. Moon. I disputed and requested validation again, and asked for them to cease and desist, as well discontinue collection activity. I have no recieved communications from their Attorney, is that indeed considered a communication from the debt Collector. the letter says he is representing LVNV in this dispute. Along with the dunning letter requirement.They have since reported to the CRA account current as of march 2006. I have made no payment to them. I called the CRA they said the OC had reported that info. I think the fake affidavit of debt falls under FDCPA 807 (9) The use or distribution of any written communication which simulates or is falsley represented to be a document Authorized, Issued, or Approved by any Court, OFFICIAL, or Agency of the United States or any State, or which creates a false impression as to its source, authorization or approval.I have written them and threatened suit for that violation. any more info anyone has on this Company regarding suit I would love for them to post on this site. Any more ammo I can get will only help bring down this rogue company and their Partners.
Sorry, I got so busy, but didn’t forget about you.
“I think the fake affidavit of debt falls under FDCPA 807 (9)”
Good thinking!
“recieved communications from their Attorney, is that indeed considered a communication from the debt Collector. the letter says he is representing LVNV in this dispute. Along with the dunning letter requirement”
Is there any way you could post this letter or send it to me for posting along with the Moon affidavit? Of course w/o your personal info. My fax is 571-222-1000
I’d like attorneys to be able to see what they’re sending out and maybe we’ll get some legal opinions.
Regarding the change in credit reporting, you ought to get your FICO reports and see how this account impacts on your FICO scores. But that only works if you don’t have any newer derogs of the same account type.
LVNV is still the # 1 search term, so there’s lots of interest and I hope LVNV is going to get sued into compliance.
I have recently gotten a copy of my Credit report and saw a thing from LVNV saying that I have a claim that is over due and has just recently shown up on my account. I don’t recall me being in bad standing with any creditors. Is there anyone that can help me out with this problem. Like the many stories above, this is hurting my credit score quite a bit.
/R
[e-mail and identifying data deleted]
I recently pulled my credit report and found that it shows Lvnv Funding has been reporting me to the credit reporting agencies since July 2005, despite the fact that I never heard from them once. The first time I heard anything about a debt to this account was 2 weeks ago in a letter I received from Capital Management Services, Inc. The letter states that Capital Management Services, Inc. has been “engaged by Resurgent Capital Services, LP” to collect a debt from me. Resurgent Capital Services, LP is a collection agency that Lvnv Funding outsources collection of debts to. Over the phone, Capital Management Services told me they had received the account just last month and did not have records to validate the debt. How is it that they were able to contact me so quickly and Lvnv or Resurgent was not? Was Lvnv Funding in compliance with the law when they reported me to the credit reporting agencies?
Chris is in the military:
Write to LVNV (signature confirmation):
“I hereby dispute account [XXXXX] and I’m on active duty in the military. Please immediately delete this account from all credit reports.”
And then also dispute it with the reporting credit bureaus:
“This account is disputed, I’m on active duty overseas, please immediately delete this account.”
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With the CRAs you can dispute online.
Do NOT dispute as “not my account” or any of the other canned check options unless it is factual - you MUST submit FACUTAL disputes.
Everybody who’s not in the military, submit the same disputes w/o the military note. Even if it’s really not your account, that’s rarely a good dispute unless you were a victim of ID theft and you think it’s related.
The LESS you say, the less trouble you can get into.
If/when they validated, you can deal with whatever they provide you with.
This is a posting for “anonymous” - I don’t think you’ve been getting my e-mail, check your junk folder.
Glad to see people are going after Resurgent/LVNV. I’ve had enough, and I filed suit this morning in district court for FDCPA violations (continuing collections activity after receiving a timely dispute), misrepresenting the status of the account (120 day lates, factoring company, account type), FCRA violations (reporting information they knew or should have known to be inaccurate, including balances that actually decreased the harder I pushed), and state law violations (mirror the FDCPA, misrepresenting the amount and/or status of the alleged debt).
I’m curious to hear more about your work with the Moon affidavits. I did report this to the SC Attorney General, and what’s even more curious is that in recent communications with the SC Consumer Protection office, they’ve been representing the alleged principal due as LESS than what’s listed on the Moon affidavit). The Moon affidavit is a big piece of evidence in my case concerning Resurgent’s attempts to misrepresent the amount of the debt.
Please send me an e-mail to with some more info about your suit. I have a bunch of collection letters I have permission to post, but just haven’t had time yet since I got to take the personal info off. Hopefully soon I’ll get to that.
And “Name witheld” should try setting up a free Yahoo or whatever e-mail account and send it to me because apparently he just doesn’t get my mails. Never had a problem like that ...
Christine:
As requested, here is an edited version of my complaint filed in small claims against Resurgent
Plaintiff alleges that Defendant, in attempts to collect an alleged debt, did violate Plaintiff’s rights under the Fair Debt Collection Practices Act [15 USC §1692 et seq.], the Fair Credit Reporting Act [15 USC §1681 et seq.] and the NH Unfair, Deceptive or Unreasonable Collection Practices Act [NH RSA 358-C].
Plaintiff was contacted by [CA who was assigned the account my Resurgent] on [Q3 2005] at the request of Resurgent Capital Services LP (“Defendant”). The purpose of the contact was to collect an alleged debt. Plaintiff wrote to Defendant’s agent to request written proof of debt pursuant to 15 USC §1692g (Fair Debt Collection Practices Act – “FDCPA”).
Plaintiff’s request for proof of debt was forwarded to Defendant and Plaintiff has also repeatedly contacted Defendant directly via certified mail to request proof of the alleged debt. Defendant failed to contact Plaintiff with the requested information despite no less than six (6) written requests made directly to Defendant via certified mail and through the Better Business Bureau of Upstate South Carolina.
Plaintiff alleges the Defendant has violated multiple provisions of the Fair Debt Collection Practices Act [15 USC §1692 et seq.], the Fair Credit Reporting Act [15 USC §1681 et seq.] and the NH Unfair, Deceptive or Unreasonable Collection Practices Act [NH RSA 358-C].
Defendant violated the FDCPA [15 USC §1692g(b)] by continuing collection activity after receiving Plaintiff’s letter disputing the alleged debt, but before providing Plaintiff with the required verification of the alleged debt.
Plaintiff disputed the alleged debt with credit reporting agencies Equifax, Experian and TransUnion. Defendant was obligated to investigate Plaintiff’s dispute per 15 USC §1681s-2(b). Defendant then repeatedly verified incorrect information to credit reporting agencies. Reporting derogatory information has been found to qualify as collections activity. Continued collections activity after receiving notice of a dispute is a violation of 15 USC §1692g(b).
Resurgent engaged in continued collections activity by reporting derogatory information concerning the alleged debt as “verified” to the following credit reporting agencies on the following dates:
[Four separate dates, with hard copies of CR to prove]
Plaintiff further alleges Defendant violated 15 USC §1692e by making false or misleading representations concerning the status of the alleged debt by the following actions:
-Defendant 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”.
-Defendant 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”
-Defendant also violated §15 USC 1692e(8) by failing to honor its obligation to inform credit reporting agency TransUnion that the debt was disputed
-Defendant 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
-Defendant 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.
Plaintiff alleges Defendant 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 to deceive current and potential creditors and to negatively impact Plaintiff’s credit scores
Plaintiff also alleges Defendant 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.] and the NH Unfair, Deceptive or Unreasonable Collection Practices Act [NH RSA 358-C] by the following actions:
Plaintiff alleges Defendant violated NH RSA 358-C:3(VII) by making false representation of the character of the debt (factoring company), and by making false representation as to the amount of the debt. The true amount of the alleged debt is difficult to discern, as Defendant has not consistently reported an amount due. Please see the table below.
[Table documents at least thirteen written representations of the amount claimed due, with many inconsistencies. This information includes credit reports and copies of letters provided to the BBB and the Attorneys General of NH and SC.]
Plaintiff alleges Defendant violated provisions of the Fair Credit Reporting Act [15 USC §1681s-2(b)] by failing to properly investigate this matter in response to disputes filed with the credit reporting agencies. Defendant reported inaccurate and/or erroneous information as “verified” on the following dates:
-On or before [Q3 2005], Defendant verified incorrect information to Experian, falsely reporting an incorrect amount [amt.] and providing inaccurate information concerning the type of account (“installment”).
-On or before [Q4 2005], Defendant verified incorrect information to Experian, falsely reporting an incorrect amount [amt.] and providing inaccurate information concerning the type of account (“installment”).
-On or before [Q4 2005], Defendant verified incorrect information to Experian, falsely reporting an incorrect amount [amt.] and providing inaccurate information concerning the type of account (“installment”).
-On or before [Q4 2005], Defendant verified incorrect information to TransUnion, falsely reporting an incorrect amount [amt.] and providing inaccurate information concerning the type of account (“factoring company” and “open account”).
-On or before [Q1 2006], Defendant again verified incorrect information to Experian, falsely reporting an incorrect amount [amt. and providing inaccurate information concerning the type of account (“revolving”).
-On or before [Q1 2006], Defendant verified incorrect information to Equifax, incorrectly representing the status as “120 days past due”, falsely reporting an inaccurate amount [amt.] and providing inaccurate information concerning the type of account (“open”).
Plaintiff has attempted to resolve this matter amicably, including working with the Better Business Bureau of Upstate South Carolina, the Consumer Protection Office of the Attorney General of South Carolina, and through the New Hampshire Attorney General’s Consumer Protection and Antitrust Bureau.
Plaintiff seeks the amount of $5060 under the following statutes:
$1000 per action for violations of the FDCPA, as allowed under 15 USC §1692k(a)(2)(A)
$1000 per each violation (6 total) of the FCRA, as allowed under 15 USC §1681n(a)(1)(A)
$200 per each violation (10 total) of NH RSA 358-C as allowed under RSA 358-C:4(I)(a)
Subtotal:$9000
Plaintiff waives the right to claim the amount over $5000
[small claims limit. Claim can be stated for amount above $5K, but plaintiff must waive right to amy amount in excess of the limit]
$60 for court costs
Total:$5060
:
Please let me know how I can join this lawsuit against LVNV Funding. Thank you.
Kimberly - my suit isn’t a class action lawsuit.
It’s a small claims suit filed in my local district court, which is completely a do-it-yourself affair.
That being said, my first recommendation is to check this board and other sources and find out exactly WHAT violations they have committed. It requires a great deal of time, but once you educate yourself about your rights under the FDCPA and the FCRA, as well as any laws your state might have, you find yourself willing to take *far* less abuse from debt collectors once you know what they can and can’t do.
If you don’t feel comfortable presenting the case yourself in court, you could do all the leg work, dot the i’s and cross the t’s, then see if you can find a lawyer to work on contingency. If you’ve done all the work, all he/she will really need to do is write a few letters and show up in court.
Either way, for anyone dealing with LVNV/Resurgent, I would implore you to learn your rights for your own protection.
Speaking of court, one final caveat for others reading this thread. The account in question is well past the statute of limitiations for me to be sued, and as such I can be a bit bolder with my actions.
Too funny, Wolpoff & Abramson is in my mess with LVNV Funding now. They are the law office that sent me the payoff on the debt that they are claiming that I owe.
Kelli, make sure you educate yourself about your rights and especially credit reporting.
Lars, thanks so much for your postings, you really have it together.
“If you don’t feel comfortable presenting the case yourself in court, you could do all the leg work, dot the i’s and cross the t’s, then see if you can find a lawyer to work on contingency. If you’ve done all the work, all he/she will really need to do is write a few letters and show up in court.”
That is so important. Most people think that lawyers have nothing better to do than go through their pile of paper including a bunch of “claims” that aren’t even actionable because the consumer didn’t follow the most basic instructions for disputes with CRAs, etc.
CLUE: attorneys are very busy, especially the good ones.
If you can’t take the info posted at my sites and run with it, you ought to move to Cuba (people ARE happier there) or become one of the millions of Americans on happy pills or glued to the TV and accept situation for what it is.
I don’t enjoy having to file lawsuit after lawsuit because the corporations ignore what few consumer protection laws we have. But that’s life in the “greatest country in the world.”
Refreshing to see am not alone. 3 different collectors owned by LVNV (Astra, Venta, then Resurgent). Different amounts, all alleged to have been leftover from a bogus variety of account numbers from MCI.
Politely disputed in writing, challenged to conduct all further discussions in writing in order to eliminate frustrating east Indian girl from call-center(s) threatening wife with “you know we have your full Social Security Number and can make this very bad for your credit rating, but we’ll settle for 50% of the billed amount...”
Copied all transactions to State Consumer Protection (part of state DoJ here). Compliance officer wrote to Resurgent (all the collectors are ‘licensed’ to do business in the state); received letter back from Resurgent indicating they were cancelling any action, amount due was $0.00 and we wouldn’t hear from them again. I should think that they’d have their business capability in the state pulled, as at the very minimum, by their own admission, they were exceeding any possible statute of limitations. (Where did these people get all these MCI/WorldCom names, anyway? Dumpster diving?)
After reading some other experiences here, I have trusted account exec at my credit union who has also become a family friend over the years who will periodically check my credit to advise of any untoward activity. (As I’m one of 26.5 million vets whose records are probably compromised, not a bad idea anyway.)
Thanks for the site and the postings of all the contributors - arghhh, this was frustrating for awhile.
- Wes
My grandfather was just served papers on 6/6/06 that he is being sued by LVNV Funding. Apparently they bought out his account with Household Financial, which was for a 4-wheeler that he voluntarily returned to the creditor in 2003. My grandfather tried several times to make payment arrangements and each time he was refused. The even returned his check. The papers were filed with the county on 5/15/06. Is there anything he can/should/needs to do?
LVNV got me as well. The really sad part is I settled this debt about 2 years ago for a 50% payoff. However, I failed to keep records of it. I would hate to pay them now, but they are knocking 50 points off of my credit score over a 3 year old $200 debt. Has anyone had any luck dealing with this company?
Would anyone be interested in joining a class action suit against these people, or does anyone know of one that is already going on ?
Thanks
Dan --
While having records might make it easier to get the monkey off your back (so to speak), remember that it’s THEIR responsibility to prove the debt. As long as you dispute the debt in writing within 30 days of receiving their first notice, they are prohibited from engaging in any collections activity until they provide proof of the debt.
Mind you, they won’t - and they’ll continue collections activity. That’s the whole basis of my small claims lawsuit detailed above, which incidentally, goes to trial in just over a week…
I would be interested in joining any lawsuit against LVNV and all their aliases!
Dan:
I’m in the same situation except I do have the paperwork showing the settlement. Called them, they said fax it to them and they’ll take care of it. Of course they lied.
DV’ed them back in March, disputing with the CRA’s now, but it looks it will come back verified. I’m building a nice paper trail though. I don’t think the payment makes a difference, attack the debt itself.
I just want to remind the people with questions that there’s a LINK in my original posting here with detailed instructions on disputes.
Don’t ask for “DV”, which I assume means debt validation, unless you WANT the account validated.
You have the right to dispute.
The account that I have been disputing with LVNV is showing up on my credit report as “Closed/Paid” with the original creditor, and as “CO” with LVNV. How do I get the CRAs to start reading their own reports?
Christine,
I recently submitted letters of dispute to the CRAs for 3 LVNV accounts showing on my CR. All three accounts have been charged/off or closed w/o payments made for several years; however, all three accounts now reference LVNV as “Factoring company”, are shown Open accounts/currently passed due, inflated balances etc. (What is a Trade Line, and what is a Factoring Co.?)
I received response from Trans and Experian, in early May that LVNV validated all 3 accounts, and the information will remain on my report as is. I’ve since began my journey online looking into “what now”, and came upon your site just yesterday. Which, coincidentally, was when I answered my door and was served with a lawsuit by LVNV for the account they show the highest outstanding balance and is a Sears account.
I’m not sure what I need to do first, contact an attorney for defense or perhaps file counter suit? I can’t believe I’m being sued in excess of $6000 for what apears to be an open account since 2003 when it was originally closed by myself and then charged off by the store at a balance of not more than $2800. And even then, I paid back quite a bit directly to Sears thereafter, until the births of my 1st and 2nd sons which came within 13 mos. of each other and those monies went instead to diapers, formula and daytime care.
I could really use some help establishing a game plan in response to their audacity, in addition to some guidance as what not to do. My first inclination is to contact an attorney (which I just so happened to receive and advertisement from in the mail on the day I was served), but after reading your site, this may not be the most beneficial action, unless I’m prepared to do the brunt of the legwork, which I am (I think) thanks to your information.
I’m more than ready to stand up for what is right, and refuse to accept what is dealt by money grubbing scum praying on the general public, and gambling to take their chances stealing from the flock. I won’t be among the sheep, and I above all, thanks to our current so called govt., refuse to allow myself to be affected by anything presented to me by way of threat or fear, and instead, with a mother’s furrowed brow, choose to step out of the line, turn the corner and draw back the curtain, revealing OZ for what he truly is. Now a mother of 3, I owe it to my kids to do as much as I can, in this day and age, to put up a fight. Can you help?
I’m not an attorney, so I can’t give you legal advice. I’m an expert on credit reporting and scoring and in that capacity I can tell you whether the reporting is correct or what they SHOULD be reporting, obviously not until AFTER I reviewed the reporting.
“I received response from Trans and Experian, in early May that LVNV validated all 3 accounts”
That couldn’t be true, collectors don’t validate with credit bureaus.
Have you read the info at litigation.org?
I really wish I could refer you to a good attorney, especially since you obviously know nothing about the law. Not only are there very few attorneys I’d recommend, but you didn’t post what state you’re in.
You should probably file a motion to dismiss because LVNV can’t produce admissible evidence to document the debt and you obviously don’t owe as much as they claim, conduct discovery and file counter claims—according to the rules in YOUR court.
I closed the comments with another LVNV posting here because people started giving horrible legal advice.
If you’re willing to post their complaint and their credit reporting at http://creditlitigation.org/ (without your personal data) I can certainly give you some pointers and help you find your local rules.
The letter I recieved back from TransUnion states, “Our investigation of the dispute you submitted is now complete. The results are listed below and a new copy of your report is enclosed.”
LVNV FUNDING LLC # *&*^*%$% VERIFIED
LVNV FUNDING LLC # )*&%%% VERIFIED
LVNV FUNDING LLC # *&^%$#% VERIFIED
Experian basically says the same, “We are responding to your request to verify items on your personal credit report. We have investigated this information and the credit grantor has verified it’s accuracy.”
I will post the reports for you tomorrow when I’m at the office and can scan them in.
Can you clarify the terms “Factoring Agent” and “Tradeline” for me? Thanks so much for your help!
The CRA verification has NOTHING to do with a collector validating your account to you as required by the FDCPA. The CRAs are NOT judges investigating the merits of collectors’ claims, evaluating documentation and determining its validity. They couldn’t do that if they wanted to, only YOU know whether the docs are legit.
The CRAs just relay your dispute and the collectors either modify, delete or verify the reporting as accurate.
Whether you have any FDCPA claims depends on whether you disputed “this account is disputed, please delete” or whether you submitted some other dispute. It doesn’t sound like you disputed with LVNV and that’s what you SHOULD have done.
Factoring Agent is a strange word for collector, apparently set up that way by the CRAs to confuse consumers. A tradeline is a credit account with the original creditor, in your case Sears.
Before you post something, e-mail it to me and I’ll have a look at it. I’ll probably be out all day tomorrow, have to go to town to file a memorandum with the court.
The factoring company thing is a tricky situation, in that it’s difficult to find a concise definition of what a “Factoring Company” truly is.
In reality, factoring companies purchase current accounts receivable from companies at a discount. Basically, you turn your current invoices over to the factoring company, who then gives you the money, minus their commission fee. This frees up cashflow for business owners.
LVNV/Resurgent are debt collectors, as defined under the FDCPA. Furthermore, any company that deals in current accounts is NOT considered a debt collector. Check out Section 803(6) for the complete list of what a “debt collector” is defined as.
Lars, you are of course right. These collectors are NOT factoring companies because they buy the accounts AFTER they were charged off and I don’t think they ever purchase current accounts.
I briefly touched on the reporting during the Experian deposition and I actually submitted a report with LVNV (the tradeline reporting) and other collections (reported as collection) and I tried to find out why they report as tradeline. I didn’t really get a meaningful answer.
I will try to get to that again when I do the next depo (hopefully soon).
Maybe they set these collectors up as “factoring company” to avoid having to report as collector.
The odd thing of course, is that not all JDB’s report as factoring companies.
I had a tradeline double-listed on my EQ. LVNV reported, as did the CA they bought the account from.
CA#1 did not report as factoring, LVNV *did*. I need to pour through a copy of the Metro II reporting guidelines and see what choices are available for that field.
FYI, my case will be going to trial tomorrow. There has been dialogue back and forth on resolving this matter before the hearing, but I did not find the terms acceptable and will thus plead my case in court.
Win or lose, accurate and complete details will be posted here for all to read. If I lose, I will post all the details so that others may see what the line of thinking is on the other side. If I win, I will post all arguments along with references to any relevant statutes, opinions, or case law that helped me win my suit.
I’m crossing my fingers and I wish you all the luck there is!
You never know what happens in court and whether the judge has the brains to understand these rather complex credit reporting concepts. Although the FDCPA violations should be easier to grasp.
I’d also like to talk to you more about the reporting as tradeline, Metro, etc. - after tomorrow.
Go get em!
Thanks for the encouragement Christine, but there will be no further updates concerning this matter. However, I am pleased with how the whole situation ended.
I’m wondering whether efforts to get a bogus account removed from your credit history are worth it.
I had a bogus $410 MCI account owned by Park Dansan removed in 2001. A year later, the next time I saw my credit report the same company had re-reported it. Certified letters and such got it removed again.
The next time I saw my credit report (last week) LVNV Funding has a $410 MCI with date opened 9/2005.
I suppose they sold it to LVNV Funding.
What’s the value of credit reports and credit reporting agencies if after all the trouble of resolving something, this kind of thing happens?
If you sue and get awarded for damages, that may be worth the effort. But if you’re just trying to clean up bogus accounts on your credit report that seems impossible. Not with how credit reporting agencies currently work. It’s a never-ending losing battle.
I just recently have been trying to fix my credit and ran into 3 new collections which have just poped up:
1. Arrow Financial Services 5/2006
2. LVNV Funding LLC 6/2206
3. Performance Capital 7/2006
after messing up my credit almost seven years ago. I haven’t gotting any sort of credit and have been screwed creditworthiness ever since. I did apply for apple.com and dell.com and got rejected but now it seems I have re-opened some old debts and after reading these messeges I’m afriad to dispute anything cause they might serve me. I was hoping to reestablished my credit after the supposed seven years but, now it looks like my uncreditworthiness is staying put. Should I have not applied for credit? and should I ignore the collections and go back into hiding? I would love to try to pay some of it back put is that just making me a target?
I would really like to hear some of the letigation results against LVNV. Anyways, thank you all for your input. It at least raises awareness.
Whats the latest on your trial with LVNV Lars?? Give us an update.
Berz- there was no hearing. I am unable to comment any further, but as stated I was pleased with how the whole thing ended.
Paul:
Whether they can sue you depends on the STATE you live in, the SOL (statute of limitations) may have already expired and has nothing to do with credit reporting.
No account can be reported 7 years after it became “permanently delinquent.”
Don’t PAY! Get ready to sue if they re-aged your accounts. See my posting today about the suit against Allied.
Berz:
Lars settled with a confidentiality agreement.
Settled?!!!!! Confidentiality Agreement? Lovely. My trial date is set for Nov., I have a case, but so far, it doesn’t appear anyone has won in Dallas County Court against LVNV. Judgment after judgment, several cases a week dating back 3 years. I’m a working mom of 3, paying over $300 a week in childcare, and LVNV wants the court to set up a trust fund and garnish my wages to the tune of $6000, for an unpaid Sears bill “written off” in 2001, for $2700. Of which, included a billing discrepancy of $450. Deduct the compounded interest, the actual balance would have been around 1500. I’m on my own, disappointed with 3 different lawyers I’ve spoken to. And Lars agrees to settle with a confidentiality agreement. Why the confidentiality? Is it because they’re getting away with murder, and using our own laws to protect their interest? Sort of a witness protection program for companies who break the law, and intend to continue doing so? I’ve got to get some help here.
My MIL is from a very small town. She saw a notice in her local paper that she was being sued. She has not been served. She got copies of the complaint from county clerk, filed July 7. Guess who, LVNV, old Sears card debt, past statues, but re-aged by them.
Since the suit has been filed, I am unsure how to proceed, should I request validation even though she hasn’t been contacted?
She is 79 and I am just trying to help her out. Thanks.
Jill:
I wouldn’t bother with validation, I would file a motion to dismiss, if that’s something that’s appropriate in your court.
You (or you MIL) want to AVOID having to show up in court.
Check out the local court rules, review some other cases’ filings to copy the format and then file a motion to dismiss because if the debt is in fact legitimate, the collection of the alleged debt is time barred. Quote you TX code with the SOL (if that’s where she lives)—that’s pretty simple and should fit on one page.
You can write it for her and have her signed it. Of course it would be better to have a lawyer do that, but chances of finding one to represent your MIL and NOT charge her are slim. I don’t know if an attorney could get legal fees from LVNV.
Heather wrote:
“And Lars agrees to settle with a confidentiality agreement. Why the confidentiality?”
That’s because Lars got PAID to keep the settlement confidential. I don’t hold it against Lars because:
1) He was pro se and it is very hard to prevail as pro se litigant because many judges really dislike pro ses.
2) He did share his complaint, which is more than most people do.
Almost ALL lawsuits are settled with confidentiality clauses.
Even I have settled with confidentiality clauses, got to pay my bills, don’t have a sugar daddy and litigation is expensive and I have very limited legal skills.
But you better believe that PRIOR to settling I’ve always published my suits and the filings, so the only thing confidential is the dollar amount—my claims are still published and so are my suits and my commentaries. I’ve NEVER deleted anything from the websites for money.
“Sort of a witness protection program for companies who break the law, and intend to continue doing so?”
You’ve got it. Consumer attorneys love it too because the defendants CONTINUE with their illegal practices, they can sue them again, collect their fat settlement checks (hush money) and the consumer might get a few bucks too.
“LVNV wants the court to set up a trust fund and garnish my wages to the tune of $6000, for an unpaid Sears bill “written off” in 2001, for $2700 ... I’m on my own, disappointed with 3 different lawyers I’ve spoken to.”
Do they already HAVE a judgment? If so, when/how did they obtain it?
What are those lawyers saying?
------------------------
And a comment to the people who want me to put them in touch with other consumers with LVNV problems:
If you have something to SHARE - SHARE IT!
Post your lawsuit, post the discovery responses and depositions.
There is NO purpose to a bunch of clueless people communicating and giving each other horrible legal advice. This needs to be done in PUBLIC to protect the consumers who already have enough problems dealing with collectors.
I subscribe to a litigation list with experienced attorneys and pro se litigants. I have learned SO much from the DIFFERING opinions as well as legal procedures. There is no way that I will let clueless consumers play lawyer, or even worse, pretend to be your friend and pass on all your info to LVNV in exchange for a nice confidential settlement for themselves.
I posted a lot of entirely FREE info INCLUDING court filings at http://creditlitigation.org/resources/messages/6/6.html
It really would be nice if the “sharing” litigants would actually SHARE.
This whole thing is very interesting. I have my own personal experience with LVNV.. I had an old MCI bill that I paid off in March of 06, and just this last week I got a notice (credit keeper) that LVNV reports an unpaid debt (this very same one) as of June 06. After searching through my paid off bills I found the one in question.. and I have the written confirmation number of being paid in full, as well as bank statements (I did bank draft) showing the date I paid off the item. and 3 months after the fact they are trying to say I still owe? Anyway.. I know some are trying to file a suit against these clowns.. and if I can be of any help you can contact me at . I will gladly help in any way I can
Back in 2004 I was proactive in paying all my debts.
One of my debts, a Providian VISA credit card was obtained by Alegis Group LP (currently known as LVNV/Resurgent).
Back in 2004, I called them and asked for a settlement amount. I even tried to talk them down in their price to no avail. Regardless, I paid by check the amount they requested in return for a release letter and an updated credit report with the CRA’s.
Approximately 3 weeks ago, Northland Group Inc. contacts me via mail. To my surprise, They claimed I still owed money regarding this same account.
At this point I knew something was bogus… DUH! I looked back at my records and realized Alegis Group LP (currently known as LVNV/Resurgent) never did send me the release letter they had promised. I did find my check receipt and checked my bank records to blank that LVNV/Resurgent did in fact cash my check. I also checked my credit report online and sure enough, LVNV appeared with nothing but bogus information. This account was still open and delinquent. Most all the CRA data was misrepresented in some way. One of the account numbers was even miswritten nearly backward/transposed.
I went to the BBB website to find contact information for Northland Group Inc and did call them. FYI, I also did plenty of research online about both companies.
I informed Northland Group Inc of LVNV/Resurgent’s “unsatisfactory” rating with the South Carolina BBB. I also stated the bogus nature of this account, gave them account specifc details to instill the idea that this account was in fact, bogus. I told Northland Group Inc they should watch their own back and they could be the “unwitting” 3-rd party collector.
Yes, I also sent a registered mail to Northland Group to dispute the account and also asking that it be verified.
UPDATE!!! This is TOO Weird.
AS I AM WRITING THIS LETTER…
LVNV/Resurgent just called me with a “one-ringer”. I called them back immediately. Ironically, They called to inform me they will be sending me a release letter “Paid in Full” and updating my credit report. They also apologized for this incident.
But, why the one-ringer on my phone?
Just in case, I also called Northland Group Inc. and they informed me this account has been closed.
WOOHOO! I am really really happy but won’t count my chickens just yet.
I won’t assume why or how this happened. The above statement is the procedure I followed. The reason I am writing this “To help others”.
I see all this information here and would like to assume it’s the reason why my issue took less than 3 weeks to clear up.
I’ll have to wait another “2+/- weeks” to repost here as LVNV just told me everything should be fixed in another 2 weeks.
You’re really lucky you kept records of your payments. MOST people settle collections with money orders or cashiers checks and don’t keep their copies.
And that’s why it’s quite profitable to assign settled accounts for collection again. It happens more often than you’d think, it’s not just a rare error.
It looks like you’ll prevail, but only because you conduct your business in a professional manner. And, they should certainly have to PAY you at least $1,000 for their “error.”
To ekopp:
Who did you pay?
I just got the “pre-approved” VISA from Resurgent for a best buy debt(now 815.09) that has been closed by the creditor, but I think I’m near the 7 year limit. They offered to “forgive” 85.09 and if I agree they will let me have $50 credit and only pay 730. I have a few accounts on my report that’s LVNV, Northland Group and I did disput the ones I thought were not correct and as of June or July of this year, only two accounts were duplicates, which I need to change. I’m trying to rebuild my credit score so I can purchase a house within the next year and a half. My score so far is 548 and I’m trying to get it to 620. I’m trying to read my report(s), but I can’t tell when the old debts will fall off and do I start counting when it’s reported say 120 days late or the date the “Creditor” charged off? Should I settle with law offices that’s representing them/collections will it hurt my score if I do? and if I do settle can I request they report “satisfied” instead of “settled” for a less amount owed? thanks
Don’t waste your money on that Visa from Resurgent.
TU lists the deletion date on their reports and Equifax deletes 7 years after the DLA. You can call Experian for the deletion date, but I recommend asking for the deletion dates in WRITING.
At http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.htm is info about aging accounts.
About how long ago was your most recent charge-off and late payment?
Since I have a “free” report from Experian through Annual Credit Report and then another one with Experian through Free Credit Report and I can’t get my TransUnion one from TrueCredit until the end of September (every quarter). I’m with the RealCredit Program through my prepaid credit card company. All that said, there’s not a date on my report(s) for the actually charge off - just a date for “reported since”, “date of status” and “last date reported”, which most are now listed as within the last year, which is NOT correct, especially if the “date reported” is like 1999 - 2003. Also, with experian they only go back two years. I’m just really confused with reading this report. I know that I probably should go ahead and pay for a report from all three, but should I do the “specials” that are listed on the sites - like buy 3 and get scores free
Hello All! I file suit against LVNV Funding tommorow in Greenville South Carolina. In May after my last Katrina Evacuee left, I decieded to check my CR. Well a company named LVNV Funding was listed on it. I sent them a Return Reciept Certified Letter Requesting Debit Validation. They signed for it June 20th. I heard nothing back. They called the house and my work constently. In my June 20th letter was also a do not contact. On August 17th I sent another Debit Verificaton Letter with instruction that they where not to report a debit until it was validated under the FCRA. Well, they did not change my CRA report to dispute and did not remove it, they reported to the CRA without notifying me, continued to call my home and residence after I sent the first DV Letter w/ CD in it.And as fare as I am concerd they have violated my rights and they have several violations under the Fair Credit and Reporting Act but, the plus is I have their signature on every piece of Certified Mail Return Reciept Mail and Voice Recordings (they where not very nice to me on the phone.!!!) I just had to find out where they where and who worked for them and thanks to an empolee named Omar I got alot of info. I have also reported them to the FTC, BBB for New Jersey and South Carolina & South Carolina Consumer Affairs
Check this out:
LVNV Funding, LLC
15 South Main Street Suite 600
P.O. Box 10497
Greenville, South Carolina 29601 or(29603-0584)
Phone: 1-888-665-0374 **When this phone rings it is answered as Resurgents Capital*****
Fax: 1-888-546-7697
They also go by:
Resurgent Capital Services, LP
Alegis Group, LLC
Sherman FInancial Group, LLC
Sherman Acquisitions
Ventus Capital Services
MRS & Assosiates
n2joi:
I don’t know what “sites” you are referring to.
You should probably read Credit Scoring Basics
Lisa:
I hope you filed your suit and thanks for filing the complaints and posting here. I hope you read Lars’ complaint and checked the info at http://creditlitigation.org/
Please let us know how it works out for you and good luck!
Bear:
I didn’t approve your posting because this is not a credit repair forum and I just don’t have the time to explain to you the concepts you don’t understand.
If people want information on credit repair, improving scores and settling debts, they can subscribe to http://creditfactors.com/
CreditSuit.org, as the name implies, is about litigation.
Hi all,
I cannot tell you how much I have enjoyed reading all these posts. Not because of the misery, but because this all verifies what I learned over this past summer, just how outrageous LVNV et al really are.
Just a suggestion for those reading this dealing with LVNV or any other collection agency out there: Check with your state government to see if collection agencies need a license. I know they do in my state, and I know that LVNV does not have a license. Instead, they hire a collection law firm to do their dirty work. If they do happen to commit a FDCPA violation, they will claim the law firm is the collection agency. This means you will have to sue both the law firm and LVNV. I have seen law firms take the liability, protecting LVNV from damages. I would be interested to know if people have experienced the same thing. I am particularly interested in Lars’ issue, since it seems he received a settlement from LVNV directly, and not some cover collection law firm.
For those of you living in states where a license is required, double check that the collection agency making the calls is indeed licensed. If not, they cannot act in any way to collect the debt. If they violate this, call your state’s attorney general office. In most cases, he/she is the only one that can actually prosecute them, though you can still file a suit for damamges. If you are having trouble locating a list of licensed collection agencies, contact your state banking administration. They tend to be the one in charge of this.
And please, above all else..DOCUMENT EVERYTHING. Sure it’s a pain, but it may be the only thing that saves you in court, if you get that far.
Joshua, I’ve been wondering why so many collectors hire OTHER collectors to collect debts they own.
NCO (one of the nation’s largest collectors / debt buyers) hired Financial Recovery Services to collect on a judgment obtained by NCO. I’m sure liability shifting is one reason they do this.
And many collectors use DBAs in various states, making it even more difficult to find out who they are and who to sue.
Liability shifting is one thing, but in most cases things are tracable. NCO as you point out is one of the largest, but they are also licensed in my state. In fact, they have several licenses, one for each of their call centers it seems. Unlike LVNV/Sherman which is not licensed anywhere as far as my research has shown.
As for DBAs, those are easily tracable, usually online. Most states have websites for their business license units. Any DBA must be registered with the state. A simple web search will help, or start at the state’s government website.
Just another quick note for the readers. It is important to read the statutes governing who must register for a collection agency license if your state has such a statute. In my state, lawyers are exempt. HOWEVER, lawyers still fall under the FDCPA, and as such, must follow all the requirements of the FDCPA, including dunning notices and such.
And while I am at it, check with your state to find out the statute of limitations for bringing suit. In my state it is 6 years, so any debt older than that cannot be sued on. Every state has their own limit.
This is very depressing. My wife and I have been working to get our credit turned around after a series of unfortunate events and today I received a call from someone at Phillips and Chen Associates who said they were representing a client called LVNV. They said I had to pay them $6233.10 for a debt that LVNV puchased or they would take further action. I told them I do not have $6233.10 to give them but I would be willing to make payments. I was told this was unacceptable and I could expect to here what the further action is next week and to expect additional interest and fees to be tacked on. This amount is from a Sears account which I believe has been charged off. I have no problem making payments to pay off the debt. It was always our intent to make good with Sears on the bill, but I cannot afford to pay it off in lump sum. Ater the call I felt it was odd that I couldn’t make payment arrangements so I thought I would investigate who LVNV was and see if I could contact them directly about seting something up. I instantly came accross this site. Now I don’t know what to do. If I borrow the money from someone in the family it sounds like it won’t make a bit of difference. My credit will be ruined by this criminal company forever since the debt will keep showing up unless I can afford to mount some type of law suit against them. This is really depressing. I am really not sure what to do now.
Odd, The last time I communicated with Household reguarding a best buy card was .. 3 years ago? They screwed up a payment, and refused to fix it. When the account went to collections, they seemed to be random company names, and they all seemed to refuse payments (for some reason?!) I had the account payed down from $5000 to almost $1000 and somehow its $6394.00.. According to a letter I received from a Legal firm (Keller, Lisgar & Williams, LLP) attempting to represent me in the Pending Lawsuit Filed by LVNV Funding....
WHAT LAWSUIT I ASK!? dont I receive a receipt to pick up a certified letter from a district court the very next day?
Of course it was my fault that I stopped making payments on my Best Buy Credit Card, Even though they screwed me, I should have kept paying, but I think HFC (Best Buy Private Label Credit Card) and their schiesty collectors where being quite unreasonable, as not allowing a payment plan, after all If I had $6000 on hand, I wouldnt have taken out that credit card to buy all of that garbage from best buy. IM SCREWED EH? Can anyone help? Ill post info about the certified letter IF anyone likes, IF I even go get it.
Update on the previous post: Received the certified letter, its an invitation to the local district court for a civil complaint against me for $6870.00
Could anyone tell me what to expect? I have no problem with settling with them, Would they ever consider a payment plan? Reducing the Price? Is it possible to get the materials or evidence they have, and information they are planning to use against me? I know thats how it works in criminal cases, but im kind of fuzzy how rotten conglomerate companies like LVNV work over the system. Please let me know. I have a month.
I’m sorry, this is NOT a credit repair or free legal advice forum.
This is the blog about my lawsuits and my credit research—available at no charge to readers.
I’m the nation’s most qualified expert regarding credit reporting, credit scores and disputes with credit bureaus and collectors. However, I am NOT an attorney and I don’t want any other non attorneys giving legal advice.
The purpose of these comments is for readers to be able to SHARE their experiences so that scummy collectors like LVNV can be successfully sued by consumers and/or their attorneys, not to ask for free advice.
“According to a letter I received from a Legal firm (Keller, Lisgar & Williams, LLP) attempting to represent me in the Pending Lawsuit Filed by LVNV Funding....”
Why don’t you have them represent you?
I’ve never heard of attorneys soliciting debtors who are sued by collectors and this sure is strange.
I see I am not alone…
LVNV is doing EXACTLY this to me as well with an account that was charged off in Oct. 2001. It just showed up in my credit reports in September as a current account. Back during the summer their phone people from India were calling me. However, since I will go to my grave insisting that MCI did not record my payment back in ’01 (and of course post divorce I no longer have the bank statements), I told them I wasn’t going to pay it. The way I figure it, it should be going away in another two years. I am willing to take the FICO for another two years because even though I don’t owe the money, I can’t prove it.
Anyway, this @$$hole Indian then offered me a charge off for something like 60% of the $108.00. Well, I was not about to give a card number to some jerk halfway around the world and I asked them to send me the offer by hard copy which they refused to do.
I was able to buy a house with this account showing, but since I saw it again in September, it appeared these crooks are attempting to keep this account alive for some period after the 7 years is up by “washing” the MCI date off of it. I unerstand that they can screw with up through 2008, but Its wrong what they are doing to my score….And all for 108 bucks!...YEEESH.
Am I wrong about that, and short of paying them, what can I do?
(thanks so much for this venue Christine!!!)
Is anyone filing a class action lawsuit against LVNV?
Krisk, I can’t tell you what to do because I’d really have to see the reporting. Dispute as described at the forum - just follow the posted instructions. Or, subscribe to http://creditfactors.com/ for additional help.
And I don’t expect a class action to be filed.
“Krisk, I can’t tell you what to do because I’d really have to see the reporting.”
Here is how it shows on my Experian report.
LVNV FUNDING (Individual)
Credit Grantor Contact Information
Not on record
Account Number XXXXXXX
Account Type Installment
Credit Limit
(High Credit)
Original Amount $108
Minimum Monthly Payment (Terms)
1 Month
Date Opened September, 2005
Date of Status January, 2006
Last Payment Date Not on Record
Loan Type Unknown - Credit Extension, Review, Or Collection
Collateral
Description
Last Report on October, 2006
Balance Current status Past Due Amount
$108 Account seriously past due date/account assigned to attorney, collection agency, or credit grantor’s internal collection department $108
TransUnion…
LVNV FUNDING (Individual Account)
Credit Grantor Contact Information
Not on record
Account Number XXXX
Account Type Open Account
Credit Limit
(High Credit)
$108
Minimum Monthly Payment (Terms)
Date Opened September, 2005
Date of Last Activity June, 2001
Date Paid Out Not on Record
Date Closed
Loan Type Factoring Company Account
Collateral 12 MCI
Description Placed for collection
Also on TransUnion for the same money. How come I have two entries for the same collection?…
Collection Agency PARK DANSAN
Original Creditor MCI COMMUNICATIONS L 4
Account Number 110414XXXX
Whose Account Individual Account
Date Assigned June, 2004
Date Reported July, 2004
Amount $108
Balance $108
Date Paid Out Not on record
Date Closed Not on record
And Equifax…
LVNVFUNDG (Individual)
Credit Grantor Contact Information
Not on record
Account Number Not on record
Account Type Open Account
Credit Limit
(High Credit)
$108
Minimum Monthly Payment (Terms) $0
Date Opened Not on Record
Date of Last Activity July, 2000
Description Collection account
Last Report on October, 2006
Balance Current status Past Due Amount
$108 120+ days past due $108
Recent Payment History
Seven Year Payment History
30 days late: 0 60 days late: 0 90+ days late:0
Krisk did subscribe to CreditFactors, but since the reporting is already posted here, a few pointers:
You can see that Park Dansan had the collections FIRST: it was ASSIGNED in 6/04.
LVNV shows the account OPENED in 9/05.
It happens FREQUENTLY that collectors sell the account or the original creditor reassigns it to another agency and collectors RARELY delete the account once they no longer have it.
A simple “this account is disputed” dispute with TU should result in the deletion. Never dispute as PAID, because then you might get a PAID collection which is NO better for FICO scores than unpaid collections.
This is a very nice example of the difference between reporting as COLLECTION and reporting as tradeline.
Park Dansen is reported as COLLECTION, that’s why it’s reported with a date ASSIGNED.
LVNV reports as TRADELINE and you look for the open date.
When a collection is correctly reported as such, you should also see the ORIGINAL CREDITOR, MCI in this case.
Based on Krisk’s description of the account, I would dispute with all three CRAs:
“LVNV [account # if you have it] - this account was paid in full to MCI, please immediately delete.”
Dispute with LVNV:
“This account [account # if you have it] was paid in full to MCI, please immediately delete the account from all credit reports.”
That’s it. NO MORONIC LEGAL THREATS - don’t play lawyer and make yourself look like an idiot.
Make sure you have proof of delivery to LVNV. If they do NOT document the debt to YOU and they do NOT delete OR report the dispute to the CRAs, sue.
That’s it, keep it simple, keep good records and don’t let the LVNV scum ruin your credit.
If they do report the dispute to the CRAs, you should do a little more work, determine whether the account is rated by Fair Isaac and which action to take depends on the REST of your credit as well as your willingness to sue them.
I am going to have to sue LVNV. They assigned (sold, whatever) my account to 2 other agencies. I sent the proof of payment to the 2 other agencies, and they removed it from my CR within 10 days. It’s been over 60 days with LVNV and they still have not removed the account from my credit report.
At least I no longer get “bills” from them.
Does anyone have an explanation of what advantage LVNV gets from keeping the account on my credit report?
Many people PAY those collections because their credit is destroyed as long as its reported and they ERRONEOUSLY think that paying will improve their credit.
Paying MIGHT increase credit scores a little when the account is reported as tradeline, but the scores will still be a lot lower than if it was DELETED if there are no other collections/chargeoffs the same age or newer on the report.
I hope you disputed with the CRAs as described above.
I did dispute it with the CRAs. The only response that I got back from them was that the reporting agency had reported the debt correctly so they couldn’t remove it from my report.
Good News!
Experian deleted the LVNV account after I submitted an online dispute and my FICO score raised by 54 points!
Amazingly enough, tt only took two days for the results to come back. That one went so well its kinda scary.
I have a pending online dispute out with Transunion...We’ll see.
Bad experience with Equifax so far. Called up their 800 number and it referred me to an online dispute website. Turns out my credit report is not administered by Equifax by virtue of my zip code; its with a company called CSC. Went to their website which is “temporarily down” and has no phone number listed. So back on the phone with Equifax’s not so good Indian based customer service who gave me CSC’s 800 number. Called it and got a little spiel about how nice it was to call them and then, “Click"-call terminated. Called back to make sure there was no way to get beyond the pithy recording. Called back to the Equifax Indians who were not conversant enough to get too far astray from a standard script. All they could do is give me the same dead end number.
Googled up CSC’s corporate HQ 800 number in El Segundo and spoke briefly with an operator that seemed genuinely offended I was calling *her* about credit reports, but she gave me a working number at least before brusquely hanging up and I initiated a dispute via phone.
We’ll see how *That* goes…
Krisk, Equifax HAS to process your dispute, you can just mail it to them or to CSC. This just shows why it’s SO much easier to just submit your written disputes, unless you got time to burn and you enjoy the frustration. I don’t mind calling on behalf of clients (I get paid), but it’s the last thing I want to do on my own behalf.
Besides, what are you doing calling anyway? Why aren’t you following my recommendations?
There is NO need to mail certified, I can’t even remember the last time a CRA claimed not to have received a dispute, it rarely happens.
Certified is the WORST option, often you get no green card back and it’s NOT traceable. Been there, tried it ...
If you’re in a rush use priority mail, if you use online postage, you even get free delivery confirmation.
Lars submitted a comment with lots of credit repair advise which I deleted. I don’t have the time or any interest in discussing credit repair techniques.
If you have FILINGS to post, that’s great.
Lars settled with a confidentiality clause—he took their bribe.
And that’s ok, but definitely NOT a reason to start giving credit and legal advice, especially not here.
“Besides, what are you doing calling anyway? Why aren’t you following my recommendations?”
To be honest, I bulled ahead before I fully read your advice...My bad
Fortunately, I don’t have nay pressing timelines since I just bought my house last year, and won’t need to think about a vehicle purchase for at least another (God Willing).
But once I stumbled upon your site, I now see I do not have to endure the dirty tricks and shameful inaccuracies from this process. That is not to say I don’t deserve black marks for past transgressions-I am willing to own up to those-but it simply isn’t right to get nailed worse than I have to by the FICO bludgeon.
Exactly. If a debt is legit and they can document it, you just have to live with it.
A CORRECTLY reported collection is not that big a deal once it’s a few years old.
On 11/6 I posted the DETAILED instructions for the disputes.
Yet, rarely does a day go by when people aren’t submitting comments or e-mailing, requesting my assistance, free of charge of course.
And that irritates me tremendously. Why should I provide personal consultations without getting paid?
Isn’t it enough that I spent MANY hours posting the actual reporting, explanations what’s wrong, the disputes and the so-called validation?
Just wondering if anyone had any insight.
My wife was married previously and had a debt charged off in 1998 or 1999. The original CC company wrote it off and 7 years later her credit report is clean. I got a call 3 days ago from Capital Management Services LP (LVNV) in Buffalo, NY. The lady asked for my wife and when I told her she wasn’t in, she proceeded to tell me my wife owes a 5000 debt. After my inital suprise, she said the last payment made was 2003 and she was willing to offer her an excellent settlement of 1600 to clear it. I said I had not a clue what she was talking about and I pay all the bills in the house. While she was on the phone, I logged into my online bill pay and the origianl payee she mentioned, is not there. I told her we would need proof from the original creditor of the debt and the amount. She said I didn’t want to do that cause them I would loose the settlement offer and have to pay the full amount. A red flag went up. OK, I told her. I need to speak to my wife and we will get back to her. I asked my wife about it and she said she has not had an account from the original CC comapny since 1998 or 1999 and they have tried this before. Today we got a letter from them with the amount they say we owe. My wife pulled her credit and it is clear. No LVNV, no Capital Management, no original CC company. No red marks, no derogatory statements.
My question is this. How can they say the last payment was 2003 when I can see no payment was made at all and my wife says it has been 9 years since this was valid. Obivously they are trying to get me to pay. You guys agree?
Also...since this does not show up on her credit at all, do we have anything to worry about. My wife is very confident that this is crap and they are only trying to get her to pay anything or all of it. I am a worrier by nature. Just looking for some reasurance. I dont want to send a Debt Vaildation letter but I don’t think they CAN validate the debt as it was written off by the original company and is off her credit report!! Smile thanks...this thread rocks!!
Also.....I have looked at the statute of limitations in my state and it is 4 years. With 7 being the max, so I believe either way, we are well out of the statute of limitations.
On 11/19/06, right before THIS moron, I posted:
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On 11/6 I posted the DETAILED instructions for the disputes.
Yet, rarely does a day go by when people aren’t submitting comments or e-mailing, requesting my assistance, free of charge of course.
And that irritates me tremendously. Why should I provide personal consultations without getting paid?
Isn’t it enough that I spent MANY hours posting the actual reporting, explanations what’s wrong, the disputes and the so-called validation?
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Since my posting requesting that people don’t ask me to work free of charge or to pollute MY WORK with their BS, I have deleted 2 or 3 comments by other morons who apparently are either not capable of understanding English or they simply IGNROE me.
Would you PLEASE be so kind and let me know which words you don’t understand so that I can idiot proof my request for a little respect for my work?
THANK YOU!
Christine
Hey Christine. I am not asking for your assistance free of charge. I was asking if anyone in the forum had any feedback. I can handle my own issues I just wanted to know if anyone had any similar issues. If you have none then say that. There is no need to call anyone a MORON. We might not be all savy and smart like you. Maybe you should close your forum and just post whatever you want and hope people read it. Sorry to sully your pristine waters with my idiotic issue. I truly hope you whip all these other morons that did something as stupid as I just did into shape. We are horrible, horrible morons.
You decided that you can use MY site and abuse MY time without paying. You did so DELIBERATELY despite my posted request NOT to do so.
NEWSFLASH: This is MY private property and I will NOT have FREELOADERS like you pollute my work with your postings.
Do you allow strangers to use YOUR house for their meetings?
I dedicated my life to make a difference for all.
Thousands of freeloaders like YOU wasted my time and abused my generosity—without ever giving anything.
Most readers find this page because they search the web for info on LVNV and they just want to get rid of their collections.
However, this is NOT a credit repair forum.
If you’re a litigator or serious about learning credit reporting practices, study my work (linked above) and CONTRIBUTE by posting YOUR lawsuit.
If you need help with your credit, subscribe to CreditFactors.
And if you care about MORE than your own IMMEDIATE problems and you’d like to know how you can PREVENT having many more of these problems in the future, read America: Freedom To Fascism—must see!
Watch Aaron Russo’s outstanding documentary and maybe you’ll even do something to try to change how screwed up everything is.
Too many people are consumed only with their own problems and they are as corrupt as the corporate executives, legislators and regulators.
I posted about some of the issues at My response to the Capital One $50,000 attorneys’ fee ploy to get me to dismiss my appeal
You have the RIGHT not to care about anything but your own credit problems and how to get the collections deleted. But I also have the RIGHT to delete all inappropriate comments. Of course I have to READ the comments before I delete them.
Please don’t waste my time.
Good. Then by all means don’t post the comment. I searched for LVNV and found this site. You and your “private property” site seemed helpful. I guess not. I don’t need to repair my credit. It is not affected one bit. LVNV has been very shadily dealing with my wife and wanted to see if anyone had had this happen to them.
Why do you let what you call FREELOADERS to get their comments past your “moderators”? Just kill them...done. You choose to get hateful. I really hope you accomplish what you want to accomplish. No need to worry about this freeloader any longer. There is no need to even reply. This bookmark is gone and I won’t be back. Good luck saving the world.
What a moron. To think that I train and pay “moderators.”
It sure is so frustrating that there are so many people who really deserve everything they’ve got coming.
It bothers me that my work helps them and they have nothing but disrespect and contempt for my thousands of hours of research and trying to explain to the general public how credit reporting works.
And that takes me back to the bigger issues:
Are most human beings concerned only with their bank account balances and they deserve what they get?
Does the majority’s ignorance and lack of compassion justify the exploitation of the disadvantaged?
Is it worth our time and money to make an effort to stop the American and multi-national corporations?
Is it too late?
Is it ok to do nothing when one could at least TRY to make a difference?
Is resistance futile?
It probably is. There are too many people like RKM2006. They will prevail.
I have received 3 letters now.. 2 from Northland Group and now the recent one from Resurgent Capital Services stating that I owe $502.81 from an Exxon account that was opened in Sept. 1994 and closed in Dec. 1995. I called and stated that I have never had such an account, I have wrote a dispute letter, and I am continuing to receive letters stating I owe money. I dont understand this, I’ve never received something like this before. What do I do? Should I be concerned? I know for a fact I have never had an Exxon account and this is 11 years ago?!?!
Please someone respond to me. I need as much dirt possible on this company LVNV Funding. We are going to court and I have alot of proof recorded conversations letters of threat all that stuff to get them, if you want to come please tell me and I will be sure to add you to my witness account so you can have your say infront of the judge. Contact me Soon PLEASE!! [email deleted—how do I know you don’t work for LVNV?] aslo put LVNV in the Subject line.
I get at least 5 e-mails with LVNV in the subject line every week—and that’s the ones I see.
Hope, why do you think that there are people ready to fly to your town to testify? I can’t even imagine what the purpose would be.
If you want to establish willful violations and you seek large punitive damages, why not post your case on the web, your filings, your complaint, etc.?
I’ll be happy to provide you with an affidavit AFTER I reviewed your case and documentation and find it to be worthwhile.
“I need as much dirt possible”
That sounds like your case is extremely weak and you’re trying to make OTHER peoples’ experiences yours. That’s not how it works.
It’s amazing how all these people WANT and DEMAND, regardless of how many times I explain that I see no reason to work for you free of charge.
No matter how much I work, it’s never enough for YOU.
And while I’m very sympathetic to the mentally challenged, if you’re not able to appreciate my research and you’re not willing/able to CONTRIBUTE, I don’t want to hear from you.
Good luck with your case!
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.
If you think I work for LVNV Funding call and ask them… Deleting my e-mail whats that about? I can post a reply of the letter I sent them. Also if you would like the delivery confirmation that I just mailed them a certified letter I can post that to and you can look it up under USPS.com Here is the letter for you to read for yourself.
Tony Craig
[deleted address]
January 11, 2007
Jefferey M. Butler LVNV Funding LLC Plaintiff
Woodard & Butler VS Answer
404 Hendersonville Highway Tony L Craig Defendant
Walterboro, SC 29488
Dear Jeffrey Butler:
I am disputing a credit charge from LVNV/Sears in the amount of $3451.94, which is included in my statement dated January 11, 2007. I deny all the allegations of your complaint. You have failed to attach and Affidavit or verification of the account.
On November 29, 2005 I spoke to Mark Howard and D. Lynch from MRS Associates collecting on behalf of LVNV Funding. He many times threatened me and told me he was going to garnish my wages, told me that I didn’t know who I was messing with and I was messing with the wrong person, and told me that “I see on your record that you have never had a lawsuit against you and we will be the first to do that. We have recorded conversations that we can have pulled if we do go to court over this account. I received numerous phone calls from him harassing me leaving harassing phone messages on my cell phone, and calling me at work after sending a certified letter telling him to stop calling me. I was also told that if I disputed this account that it would cost me over $800 to have people go to a warehouse and get this account files. All I was asking for was proof from them and they threatened and harassed me. I filed complaints against them for harassment and illegal debt collection practices with the BBB, FTC, ATG, and SCDCA and was advised not to pay anything on this debt until this investigation was taken care of. Since then we have had numerous collection accounts contact my wife and call her a deadbeat and tell her that she was just trying to get out of paying the debt by filing the complaints. I was offered a settlement by the Law Offices of Weltman, Weinberg, and Reis in Cleveland from LVNV in the amount of $1273.00 and that is the most I am willing to pay on this account for all the harassment and threats that LVNV and other collection agencies hired by them have done to my wife and me. I have proof of everything in this letter and I can get the recorded cell phone conversations if court is the last objective. I have spoken to my attorney and was advised to tell you that in the forms that you sent to me in the mail by court that you have incorrect information that you need to correct and get me a correct copy of. We do not live in Greenville County we live in York County and have never held a home in that county. I have enclosed a copy of every complaint in the matter of LVNV Funding/Sear for your review. I have also enclosed every certified letter telling LVNV/MRS that I would only work with Sears in this matter since I have been threatened and harassed as much as I have. Thank you for your time and attention to this matter.
Sincerely,
Tony Craig
Enclosure
Documentation of all proof except tape recordings will be sent to the Clerk of Court.
If that does not convince you I will be happy to mail you a copy of the summons and all proof of everything I have said.
I posted Hope’s response in a new entry:
Sued by LVNV—what NOT to do when fighting a collector
First of all Christine do not tell me I have no leagal background the stuff I tell you is short for what is actually going on. And I know my rights have studied my rights and I am not a stupid person when it comes to this kind of stuff. What I say and what I do is my way of doing it and its legal in all aspect. When you respond to a summons you respond to the company that summonsed you not the court you forward a copy of the answer to the court and on my sake I took it to them today and hand delivered it and had it timed stamped if you would like to see it all fine I will post it for you honey. I have read everything you have posted on all your sites and its good info but nothing I have not already heard. And on the fact of my lawyer he said he wouldn’t feel right taking the money from me but I paid him anyway and he will be awarded or we will when we win. And I know we have because I have recorded conversations by them threatening us and I have threatening letters. So I have all the dang proof I need. I have done everything the legal way I filed complaints with the FTC, ATG, SCDCA, BBB and I have everthing that has ever came from them including the envelopes the letters came in. But its obvious that you get a kick out of trying to make people look stupid on this site so I see that I have wasted my time asking for your opinion in this. If you have that much hate in your life and in your heart to treat people like you have treated me and called me what you have then you are no longer worth my time. I hope you have a happy life and learn what the meaning of helping others out is. You told us to e-mail you if you didn’t want it take your e-mail off the list. I want all my information taken off of this page.
2nd Request to take my post off your site. You can change whatever you want Mrs. Christine but I have printed copies. You must think that I am some stupid person. You are the one that got rude with me telling me that I was mentally challanged and telling me that I had no legal knowledge. Honey you have no clue what I know and what I have done to people like this. We live in SC not your little desert of a home. Our rules and way we do things are alot different that you do. So when you have learned the rules in every state I might listen to you. I just think its funny that you cut and edit the transcrips then put up on your site what you think will make people laugh and you bashing others. You a rude person. I have made my site and I have made sure that your on there with all the correct replys to everything I have said because you can’t lie about it on my site. Guess you came to your senses remembering the law and what the law says about slander. HMmm You have 24 hours to take my posts off your site.
Hope,
1) I took the time to respond to your comment in great detail at Sued by LVNV—what NOT to do when fighting a collector because you are soliciting the help of other consumers and they should know what they’re getting into.
2) I posted your comments in their entirety without any changes whatsoever except to delete your address and email.
3) I accidentally approved your posting with your ANSWER to the court today, which you addressed to “Dear Jeffrey Butler” at LVNV. That your attorney let you file this is incredible and I sure hope that NOBODY copies this.
“I was offered a settlement by the Law Offices of Weltman, Weinberg, and Reis in Cleveland from LVNV in the amount of $1273.00 and that is the most I am willing to pay on this account for all the harassment and threats that LVNV and other collection agencies hired by them have done to my wife and me.”
Hope offered to PAY the collector for their violations!
That has to be the most IDIOTIC filing I’ve ever seen.
How can your attorney let you include an offer to settle the LVNV violations by PAYING LVNV?
BRAIN DAMAGE?
“I have also enclosed every certified letter telling LVNV/MRS that I would only work with Sears in this matter since I have been threatened and harassed as much as I have.”
Most likely Sears SOLD the account to LVNV. This is the kind of MORONIC CRAP that comes out of the free credit forums on the web with their idiotic sample disputes.
LVNV owns the debt.
They can SUE for it!
DUH!
It is so incredibly easy to get actionable legal claims against collectors, but the MORONS on the web really screw things up and unfortunately Hope STILL doesn’t realize what she did wrong.
4) Anyone who is being sued by a collector should read Court ruling re. LVNV, Sherman, Resurgent motion for summary judgment
It doesn’t have Hope’s moronic style, it’s written by a judge.
And if a collector reports on your credit:
LVNV Funding “validation” and bizarre credit reporting
Hope, you’re free to look for other morons and victims so that they can PAY for the collectors’ violations at the many free credit boards on the web—but not here.
My sites are about settling these collections by having the COLLECTORS write checks for their violations and having the collections deleted from the credit report or corrected.
4) And of course I don’t delete reader comments AFTER I approved them or my own submission—not even when my defendants offer cash for deletion.
However, I do reserve the right to delete inappropriate comments and to not post them at all.
I have to close this thread, Hope submitted another comment (not approved) and she continues to strive for the Darwin Award.
So please take the PRICELESS info I’m making available to all FREE OF CHARGE and run with it and send me the judgments against LVNV and other collectors— or just go away.
I’m not a lawyer, so I can’t give you legal advice.
If you need CREDIT advice and you want to learn how to dispute properly and increase your FICO scores, please subscribe to CreditFactors.
