If you have LVNV on your CR - READ THIS!!!

[Jreed]

Will do.

I'm in a bit of a unique situation being from Wisconsin. We have very strong consumer protection laws, stronger than FDCPA. Plus we are one of two states with a statute of Repose.

Repose happens to be what these guys violated...and as I have the violations on their letterhead it will be pretty tough for them to dispute. I'll be sending everything out tomorrow.

I doubt I'll hear anything until after I actually file the complaint later in December. I've never gotten a response from an ITS letter.

[Marz]

Originally Posted by 1stStep

Here you go..

LVNV FUNDING LLC

200 MEETING STREET ST 206

CHARLESTON, SC 29401

The 3 managers are:

SCOTT SILVER
LESLIE GUTIERRE
KEVIN BRANIGAN

Here's a question. If you're DV'ing this, would you address the letter above or to the PO BOX thats listed on the CR??

[newlifewcc]

While I long ago (2-3 years) managed to get all collection accounts off my credit report, I still have the infamous LVNV group of companies contacting me. I was probably under their radar when I wasn't using credit of any kind. Now that I have reestablished credit, they are able to find me again.

They just sent me an "attorney letter" from NH. I received and DV'd one in October 2011 from another "law firm" in MN. They've called me but never left messages or even responded to me when I answered their call.

Anyone know how the SOL applies when you move to a different state? While I now live in RI (15 yrs for an open account), this account was opened and last active in 2004 when I lived in MA (6 years for open account).

Thanks for any feedback.

[nobk4me]

LVNV showed up on my credit report again.

They did have two old Sears accounts. They are no longer reporting them. I don't know if they have been sold to other JDBs, or if LVNV still owns them.

The latest LVNV reporting is for a new account, apparently purchased from another JDB, last fall.


They have not attempted to collect on this new account, that I am aware of. No letters or phone calls.

I did DV all collection efforts on the old Sears accounts.

What concerns me is, do they buy up a lot of accounts and then sue you for all of them?

[chaoticgrl81]

I just pulled my CR from Equifax and saw these little trolls placed an account from 2006 as a collection account. I never received any letters from them about this debt. It's a zombie debt and they will be receiving a nice letter from me in a few days.

[Marz]

It's my suspicion that the reason they're appearing now is that they know tax season is underway.

[one.last.time]

LVNV is listed on 2 of my credit reports.

OC is SPRINT.

I never had sprint account. My hubby did until about 2005/2006. Had issues with billing. I actually found my notes reguarding phone conversatations with them from then. Called sprint last night, they do not have listing on my credit report and found nothing using my social #. Finally lost connection with CSR, think they were tired of talking with me!

** Q1**Should I NOW send another letter to LVNV? I have not received a letter from them before or after they started reporting.
CRA verified??
**Q2** Send another dispute to CRA? Requesting MOV? I did in my first letter but maybe I should in a seperate letter?

Actually, I think this looks like a new account on my part and that sux! O yes, The only way my name could be associated with this account would be thru conversation or maybe used my credit card to make payment in past. (b4 2006) Either way it's past SOL and I would like for it to dissapear.

Thanks in advance for ANY SUGGESTIONS..

TU has this listing
LVNV FUNDING LLC #XXXX
PO BOX 10497
GREENVILLE, SC 29603
(866) 464-1183
Balance:$419 **up from 416.00 in Jan. 2012
Date Updated:01/23/2012
High Balance:$409
Original Creditor:SPRINT (Financial)
Past Due: $419
Pay Status: >In Collection<
Account Type:Open Account
Responsibility:Individual Account
Date Opened:08/30/2011 (UMMM?)
Loan Type: FACTORING COMPANY ACCOUNT
Remark: ACCT INFO DISPUTED BY CONSUMR
Estimated month and year that this item will be removed: 09/2012

Experian listed about the same except
Type is INSTALLMENT and RECENT BALANCE $415 as of Nov.2011
Stays On record til 7-2012

[Marz]

Originally Posted by one.last.time

LVNV is listed on 2 of my credit reports.

OC is SPRINT.

I never had sprint account. My hubby did until about 2005/2006. Had issues with billing. I actually found my notes reguarding phone conversatations with them from then. Called sprint last night, they do not have listing on my credit report and found nothing using my social #. Finally lost connection with CSR, think they were tired of talking with me!

** Q1**Should I NOW send another letter to LVNV? I have not received a letter from them before or after they started reporting.
CRA verified??
**Q2** Send another dispute to CRA? Requesting MOV? I did in my first letter but maybe I should in a seperate letter?

Actually, I think this looks like a new account on my part and that sux! O yes, The only way my name could be associated with this account would be thru conversation or maybe used my credit card to make payment in past. (b4 2006) Either way it's past SOL and I would like for it to dissapear.

Thanks in advance for ANY SUGGESTIONS..

TU has this listing
LVNV FUNDING LLC #XXXX
PO BOX 10497
GREENVILLE, SC 29603
(866) 464-1183
Balance:$419 **up from 416.00 in Jan. 2012
Date Updated:01/23/2012
High Balance:$409
Original Creditor:SPRINT (Financial)
Past Due: $419
Pay Status: >In Collection<
Account Type:Open Account
Responsibility:Individual Account
Date Opened:08/30/2011 (UMMM?)
Loan Type: FACTORING COMPANY ACCOUNT
Remark: ACCT INFO DISPUTED BY CONSUMR
Estimated month and year that this item will be removed: 09/2012

Experian listed about the same except
Type is INSTALLMENT and RECENT BALANCE $415 as of Nov.2011
Stays On record til 7-2012

First, definitely DV this. Next, check all your credit reports to not only see if the tradeline exist on them all but also the area where it states.. "Inquiries that do NOT affect your score"


See if there are any inquiries from them or ones you don't recognize or ones from their shill/partner companies. I'm willing to bet there is..

[Cliff2009]

LVNV has been on my CR since 3/2009 for an allegedCap 1 debt they purchased. Recently I received a letter and calls from Monarch Recovery Management, Inc. out of Philadelphia, PA.

They state that "This is to advise you that your account has been transfered to our office for collection. The creditor for this account is LVNV Funding LLC."

They go on to offer a reduce payoff and the 30 day notice.

I DV'd them recently. Not sure if they are related to LVNV or not.

[one.last.time]

Thanks for the reply.

Hi Marz

First, definitely DV this. *Writing my DV letter tonight*

*Not listed as inquiry on any Credit Report*

OC (sprint) does not have an entry either. Let's see if LVNV replies.

Will keep my post updated.

[LOURDES305]

Has anyone actually paid LVNV?!?! What was your outcome? HELP PLEASE!!!

[1stStep]

LVNV paid me!!

[Marz]

Relax, unless you've been served.

No I haven't paid. But why are you pressed if I may ask? Are they threatening to serve you? Have they called you repeatedly?? Please provide more details..

[Marz]

1st step, can you edit your post. Don't want you to put yourself on blast if you know what I mean..

Good job though

[LOURDES305]

I saw in the paper that this attorney was trying to get everyone’s money back who paid LVNV. He helped me with a legal issue with a debt collector and didn’t charge me anything.

[Imadashell]

Originally Posted by LOURDES305

I saw in the paper that this attorney was trying to get everyone’s money back who paid LVNV. He helped me with a legal issue with a debt collector and didn’t charge me anything.

I'm in Indiana. Is this currently underway? And for those whom have had judjements placed against them?

[Yggdrasil]

Allow me to add my own horror story. I'm still in the process of dealing with it. Any advice you guys can give me would be greatly appreciated!

In 2006 I closed out a Bank of America Checking account without knowing that they had opened up a credit account in my name as part of an "Overdraft Protection Program" that I never signed up for and was not aware that they had made. This Credit account had received a $200.00 balance that I was unaware of just as I was unaware that the credit account existed in the first place.

In the 6 years since the date that I closed out my account with them (and subsequently did not close out the Credit account) I have not received a single Letter, email or Phone call informing me that I owed the bank any money beyond what I had paid them to close the checking account.

Over the past 3 months I and my girlfriend have been attempting to buy a home and I had applied for a bank loan to cover the difference in what we could not afford. My original credit check came back without any problems and I was approved. Just the other day my credit was run a second time to assure that I was still within the reasonable scope of credit. This second report came back from all 3 bureaus as an average of 60 points less than the original report from 3 months ago. This put me below the range needed for my home loan and I was forced to walk away from the sale on the day of the closing. As a result I lost my insurance down payment, inspection cost and deposit as well as attorney fees.

After this all happened I did some research into why this happened to me and here is what I came up with:

Bank of America failed to send me any information regarding the debt and I ended up defaulting on it in 2007. Since then, my file has been passed around through god knows how many collection agencies until it landed in the lap of one LVNV (aka: Resurgent) who is currently handling it. None of those companies have informed me of their possession of my debt and it has somehow morphed into a $900.00 grand total.

The reason that my credit score dropped by 60 points (from what I can tell) is because they moved the Date of Last Activity on my account from 2007 to February of 2012. I'm told that this is called Re-Aging of an account and that it's incredibly illegal.

I also researched the Fair Credit Reporting Act to find that in Section 623, Subsection A, Section 5 it states that the Date of Last Activity can only be 1 of 2 things:

1) The date that I last made a payment on the account
- That would be in 2006 when I closed out my dealings with Bank of America

or

2) 90 days from the date the account first went into default
- That would be some time in mid 2007

The fact that their company re-aged my account to a new Date of Last Activity makes it look like I've recently made a payment when in fact, until this issue surfaced... I was unaware I even owed a penny to anyone... FOR ANYTHING!

I've tried to call their offices to get them to come to an agreement to delete my accounts with them completely so as to remove any and all negative credit effects on my report. I further told them that I am not agreeing to pay any debt that I owe them until that can be agreed upon in writing. Should the accounts be removed from my file and my credit restored, I would have no problem with coming to an agreement to pay them for what they claim I owe.

They responded to me by saying that they do not have the capacity to make such changes and that they only legitimately report on the activity as they see it. I know this to be false because it's well known that many other Debt Collection Companies have done the same thing to others and subsequently been taken to court over it.

Yesterday, I went to Lynn Courthouse to file a small claims suit against them seeking damages for their willful changing of my DOLA as it appears in all 3 Credit Reporting Bureaus. I further claimed for my losses in the form of the money lost when I had to walk away from my home purchase.

I feel like I'm making the right steps but I still feel petrified that I'm going to walk myself into some kind of legal loophole that will end badly for me.

I have no problem paying the money I owe, although I don't feel I should owe more than the original $200.00 that Bank of America failed to inform me of in the first place. I just want my credit cleaned back up so that I can buy my house. I don't want to end up like others I've read about who have paid the debt and gotten stuck with their credit score's new adjusted value. At this rate I fear it will take me forever to be able to take out a loan to get my own house.

Steps taken so far:

I've contacted all 3 credit bureaus and filed dispute with them over the DOLA, filed a complaint with the FCC, the FTC, the BBB in both MA and SC as well as the Massachusetts Office of the Attorney General.

Also... I've field a small claims suit against LVNV for damages and losses as a result of their actions.

Any other advice? Or is it just a waiting game for me at this point?

[AmyBlueClue]

You should really read the findings of the Maryland Office of the Commissioner of Financial Regulation in case number DFR-FY2012-012. It is about 40 pages but it goes into detail on how exactly LVNV Funding LLC (and other Sherman owned companies) do business. I have read it several times. The most interesting stuff starts about half way through the case document. You can read or download the case document in PDF format from the State Of Maryland web site. I am new here so they will not allow me to post any links yet but just go to Google and search on "Maryland DFR-FY2012-012" or "LVNV DFR-FY2012-012" and you will find it.

[electrorazr]

Hello all I am from Indiana. About a year ago now I started getting letters in the mail saying I owed LVNV money, they stated they acquired it via Capital One. One of them offered a settlement of 60% I called them and offered a counter settlement of 40% and they declined. After that I was served by a deputy at my home with papers showing that LVNV was suing me, via Weltman, Weunberg, and Ries out of Cincinatti, Ohio.

From the date(06/11) I recieved the court papers it stated that I had 23 days to respond to them, not the 30 days that the FDCPA would allow me. Anyhow, my answer to the papers was as follows: I am requesting that the Plaintiff provide me with what I purchased, what the purchase amounts were of said purchases, what the purchase dates were of said purchases, and an original contract with my signature on it. I sent this to them via the County Court within the 23 days that I was given. I never received a reply to my request. However, within the last few months I received a Motion for Summary Judgement from them(NOT SIGNED BY THE JUDGE BECAUSE WE HAVE NOT MET IN COURT, and this was verified by myself with the clerk in person so I seen that the judge had not signed it in their file either), as well as, I received from the lawyer a Motion to Set Hearing requesting the court to set a hearing date.

Do I have legal rights to ask that the court case be thrown out due to their lack of response to my request. Their lack of response seems to me as an answer of we would supply that but we don't have it.

Some addition info and questions would be... Capital One shows this account as a charge off account, yet they claim to have sold it to Sherman Originator, LLC. Well if they charged it off does the FTC say anything that they should show that the account has been paid or how should that part be handled?

As well as, If Sherman Originator, LLC. has purchased my debt from Capital One... then why is LVNV Funding, LLC suing me for the money or trying to collect the money? I understand they are the same company or owned by the same group, but my argument is that LVNV Funding is as far as legally a different company than Sherman Originator. However, in the court documents I received with the lawsuit, Tobie Griffin from Resurgent Capital signed an affidavit claiming knowledge of the account, blah blah. So lets count that is 1>Sherman Originator, 2> LVNV Funding, 3> Weltman, Weinberg, and Ries, and 4> Resurgent Capital... making 4 companies involved in this.

Is this illegal that the affidavit claims that the Plaintiff acquired the debt from Capital One. The plaintiff is LVNV Funding... yet the original debt was acquired by Sherman Originator. So would that mean that Sherman Originator technically traded the debt to LVNV Funding... I don't know the grounds but I read somewhere recently debt trading is illegal?

Any advice would be greatly appreciated. Thank you in advance.

[1stStep]

You were sued by LVNV - you probably did not file an answer with the court, and they filed for summary judgment due to your non-response.

LVNV and Sherman are sister companies that buy bad debt...

Debt trading is perfectly legal - this case was soooo beatable, but you failed to answer and will probably lose - the judge will grant summary judgment.

I should know - I sued LVNV and cost them $80k in legal fees for this same foolishness.