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  1. The backstory:I had an account with Vonage for several years. It was paid automatically by debit card. With some difficulty, I closed the account. Also, for unrelated reasons, I obtained a new debit card so they were no longer able to charge me automatically. Vonage attempted to charge me for the month after I cancelled the service, and they sent my account to a collection agency. In summary, Vonage placed the account with RMS. They claim I owe $37.59. I believe I don't. I sent them a DV letter. The original: My DV: They responded with a letter and what appears to be some kind of computer generated vonage internal statement showing invoices and payments (debits & credits). And the following cover letter. My questions are:The DV response appears to say that "M***h S***e" is the creditor. Do I have a violation?The DV response contains the name of the OC, but does not specifically state that Vonage is the OC. Did they fail to validate? Do I have a violation?The DV response did not contain the address of the OC, or any address other than that of the CA on the letterhead. Do I have a violation?What should my next step be? I want to tell them why I think they are wrong, but I'm also leary of admitting that the account is mine. It sounds silly to say "The account isn't mine; I don't know who you are, and by the way, I cancelled the service the month before." Maybe separate letters to the CA and OC? I'm considering something like: Thank you for this wonderful resource you collectively have created, and thank you in advance for any helpful replies I may receive.
  2. Hi everyone, I have one item on my credit report that I don't recognize. I'm not sure if I should report it as ID Theft since there is a chance it is mine and I just don't remember it. Is DV the best way to learn what this item is? The thing is, I've heard that some agencies will file a lawsuit against me if I request DV. I am disabled and homebound and cannot physically get to a courtroom, so I am really scared of this happening. The amount of the item is low and if it would be safer and easier I would just try to do a Pay for Delete or even just pay it off if that would benefit my credit report at all. The CA is Portfolio Recovery and the OC is HSBC. I appreciate any advice. Thank you.
  3. Been a while since I've posted folks and I now find myself in a situation where I feel I can get LVNV off my credit report with the right next step. Let me fill in some background. LVNV attempted to sue me in court for a debt that was ABOUT to pass the SOL. Got a summons, answered the summons showed up in court and went into discovery. The dirt bag lawyer they hired just looked at me like a little bug. I stared him down (I can be intimidating) and then he stopped the dirty looks. Left the court a bit worried. They answered discovery with the usual shuck and jive. They could not however, produce ANY documentation with my signature or any statements whatsoever. Court date was set. I had since left retired from the Air Force and could not make the court apperance. I then get a notice that the dirtbag laywer showed up and asked for 30 more days to gather more information. Judge approved since I was not there to object. New date sent. I still could not show. (Im in Texas and the case was in Nebraska). I then get a post card saying that the dirtbag lawyer drop the case without prejudice. They could not come up with anything on the original account. That was in 2011. Fast forward to today. The debt is now way past SOL. Guess what, tax time hit and they thought it would be a good idea to ask me to pay off the debt. I respond with the form ZOMBIE DEBT/DV letter CMRRR. They send me 3 letters all dated within 5 days of the experation of the DV. Each letter admits that because of the age of the debt they will not sue me. In their "Verification of Debt" they say this: "LVNV Funding LLC currently owns account number XXXXXXXXXXX. This account was originated by Citibank (South Dakota), N.A. and recently acquired from Citibank, N.A.. At that time the ballance was $6,000.00 (ish). As of the date of this communication, the account balance is $8,000.00 (ish). Because of interest, payments, credits, fees, and/or other permissible charges can continue the account balance to vary from day to day, you should contact us at 1-866-464-1187 to determine the exact balance." I then reply with this letter: March 12, 2013 ME My Addy. In TX LVNV Funding LLC PO Box 10584 Greenville, SC 29603-0584 Re: Verification; Re: Acct # XXXXXXXXXXXX To Whom It May Concern: Your reply to my request to stop reporting time barred debt was very vague in regard to a debt you allege to be in my name. You provided no proof that the debt is indeed mine. Therefore, I dispute the validity of this debt in its entirety. I would require the following as validation: Original documented proof of the date of last payment on this alleged debt The date of last payment on this alleged debt Original documentation/contract with my legal signature Original documentation that proves this allege debt is valid You indicated in your reply to me that you can provide the address of the original creditor. This proves nothing and as you know does not meet the criteria as validation or verification. You also acknowledge the debt is time barred yet you report it as a current debt when I do not recognize it nor have I ever claimed the debt was even mine. Now that I have disputed this debt you are required to stop reporting on it until you can provide the information requested above to prove the debt is even mine. Lastly, let me reiterate my last letter. Your firm was unable to provide in court validation of this debt. Since I have now disputed this debt as valid you must answer my requests detailed above. I keep a very organized account of all my financial records both past and present. Any documentation you provide will be easily researched and compared. Sincerely, Me I have just pulled my Cedit Report and see that LVNV is now reporting it as "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)." The TL is due to fall off mid next year. Now I'm at an impasse because from everything I've read here it says they dont have to really answer anything now. What would be my next step? Thanks for any help/advice guys!
  4. I recently sent Midland a DV request they replied with a generic letter Dear Mr. #$@%^ The purpose of this letter is to advise you of the results of our investigation of your dispute pursuant to the Texas Finance Code and/or the FCRA. Please be advised that we have determined that our credit file and credit reporting of the above-referenced account is accurate, and therefore we deny the inaccuracy of the disputed item. We will be closing our investigation of your dispute and resuming regular collection activities as allowed by the Texas Finance Code and/or the FCRA. In response to your dispute, we have requested that the three major credit bureaus change the status of this account to "Disputed." Your credit report will not be updated if the federal reporting period has expired. They then attached a print our of a debt owed to T-Mobile with dates and the full amount owed and how that was processed. The amount is for $826.92 but on two of my credit reports one says $827 and the other $826. Also this print out doesn't show the OC address and there is no contract proving that the debt is mine. Should I sent back another letter telling them to remove it? Or should I 623 them?
  5. Hi guys, I'm hoping someone can enlighten me about where to go from here. Like a lot of others, I'm attempting to repair my credit. Pulled credit report and noticed about $2500 in debt on two different accounts to LVNV Funding. One month in particular I noticed the reported balance jumped by $200. Anyway, I sent them a debt validation request, certified mail. They received the letter. A week later I received a collections notice from the company. They did not send any validation of the debt, only this collection letter. It had the blurb about how i need to send a validation request within 30 days in tiny print on the bottom. I thought by sending the DV they were supposed to cease all collections activity until they have provided validation of the debt. Am I mistaken? Are they just making a last ditch effort to try to get me to pay it? Thanks for any responses or advice!
  6. I was actually at my computer preparing a basic DV letter to be mailed CMRRR when my phone rings. As it was the local prefix for my area code I answered the call and low and behold it was the CA that I was about to send the DV letter to. I asked for the persons name and ID number which was provided. The Rep.started to ask about an alleged debt when I stopped him and stated I was unaware of any debt and that I am requesting validation of this alleged debt. The Rep. stated that they would mail out validation within the week. This morning I received an email alert stating that the same CA had placed an inquiry on my credit report. This was done after the call where i requested validation. Any idea on why the CA made the inquiry?
  7. I am about ready to send out a DV letter to a CA who has just contacted me about and alleged credit card debt. This alleged debt is about 10 months away from the SOL. I had read that arbitration does not stop the clock when it come to the SOL and was wondering if this might be a strategy to prolong this past the SOL date with the obvious hope that a lawsuit is not filed.
  8. Hello there, just joined and unfortunately I'm in the position of having to send out a Debt Validation letter to a CA who contacted me about a debt from Europe, forgive me I'm legally here from Europe. My question is this (and I have searched high and low but have not got the answer). With the 30-day limit to request debt validation, I understand the clock starts when I become aware of the debt assigned to the CA, i.e. they sent a letter and phoned, phone- call came first as I was out of town and did not get letter until returning. However, I'm a little unclear when the 30-day limit stops? if I post the DV letter within the 30-day limit am I okay? i.e. posting it on day 29 but it arrives on day 32...or do I have to have it arrive at the CA office within the 30-days? Thanks for your responses and, well guess it's a long and slippery road to getting things right.
  9. www.michbar.org/consumer/pdfs/ap08.pdf 15 USC 1692e(8) specifi cally provides that it is a violation to communicate “to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.” Magrin v Unifund CCR Partners, Inc 9th Circuit Under 15 U.S.C. § 1692e, a debt collector violates the Act if it uses “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” This prohibition includes false representations as to “the character, amount, or legal status of any debt.” 15 U.S.C. § 1692e(1)(A). Thus, a consumer states a valid claim for relief under the Act when he alleges that a debt collector has made false representations as to the legal status of a debt in connection with the sale, transfer or assignment of a debt to another debt collector, with the knowledge that the purchaser, transferee or assignee intends to initiate or continue at tempts to collect the debt. Burdick v Palisades Collection LLC The court denied LVNV’s motion to dismiss the FDCPA claim, holding that the consumer stated a claim against LVNV because the debt collector “failed to disclose that the debt was disputed when it assigned the account to other debt collectors and sold the debt. Kinel v Sherman Acquisition II, LP, The court refused to dismiss the FDCPA claims against Wolpoff & Abramson, LLP, (W&A), one of the nation’s largest debt collector law firms. It held that a jury could reasonably find that W&A’s communications to the Sherman defendants were false or deceptive by virtue of its failure to state that consumer’s debt was disputed.
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