LVNV Funding LLC

[bigjohnstud4200]

Venting here, but I sent a DV letter to LVNV Funding on an account that is both past SOL and not mine (probably my brother's but I'm not helping them out". They responded with two seperate letters both saying they would "investigate". It's still within the first 30 days of my initial letter and I have not not received a letter resolving the issue, however, I got a credit alert today and they updated my address on my credit file... but they updated the address to be my MOTHER's / Brothers address, where I have not lived in 10 years! I gave them my current address, they responded in two seperate letters to my current address and now my "current" address reported on Experian is incorrect!

[SecretAgentWoman]

I sent a DV letter to them, and got a reply from the OC. So...I dunno what to do with that either.

[bigjohnstud4200]

I have drafted a response, in short, pointing out that they have yet to validate the debt they say I owe them and that they have reported information (wrong address) in direct conflict to the information I reported to them less than 30 days ago. Let's see what they do now.

[willingtocope]

Actually, I'm pretty sure that by reporting anything other than "in dispute" to the CRAs, they have violated the FDCPA provisions against continued collection. Seems to me there's an FTC opinion letter about that...

[shanx]

If those slimy ba**rds sue they will send a copy of the summons to the old address and get a default judgment.

Watch out for LVNV..

One of the biggest slimeballs I have seen..

[bigjohnstud4200]

If those slimy ba**rds sue they will send a copy of the summons to the old address and get a default judgment.

Watch out for LVNV..

One of the biggest slimeballs I have seen..

I would LOVE for them to sue me, relatives still live at the old address they are reporting so I would know. If they do sue, I will make a special trip 2300 miles away just to go in front of the judge with a defense of "time barred debt" which I notified them of (willful disregard to the law), unvalidated debt, continued collection attempts on an unverified debt, and numerous other violations.

[phoenix2ny]

I sent a DV letter to them, and got a reply from the OC. So...I dunno what to do with that either.

That validation has to come directly from LVNV, NOT the OC. So LVNV had better not try to collect from you anymore until THEY send validation to you directly or it'll be a violation of the FDCPA.

[kel]

Hey Big John don't loose your cool. These idiots are just playing their games. They want to find out how to play you. Do the same thing, play them but do it calmly, and just keep racking up the violations.

I've DVed these a--holes. What I got was a name of an OC, period. I didn't raise hell with them or start spouting out FDCPA I just sat back and waited for their next move. The next letter said that they had received the information I had sent them on the account and that they were investigating. I never sent them any information. I know nothing about this account. So I sat and waited for their next move. Their next letter said that they had turned the claim over to their customer service dept. and that they had been unable to contact me and if I didn't contact them within 30 days active collection would proceed. In my first DV I told them not to call me on the phone. So I finally wrote to them and explained that I had received the first letter blah blah. I received the second letter blah blah. I received the third letter and was still waiting for a proper validation and the results of their investigation (whatever that was about). I also pointed out that in my initial letter I had requested information pertinent to their claim such as copies of any signed contracts and account history ect. and since I have only received the name of some supposed OC their claim is begining to look suspicously fraudlent. Lets see what their next move is. They have already racked up 3 violations over a $1,100 claim.

Give em some rope, and they'll hang themselves. They have sent me (counting their initial contact) four letters. I have sent them 2, a DV and one letter to respond to their other 3. Remember the DV is like the kick-off. Let the games begin. Good luck, keep us informed.

[unusualsuspect]

This is my method for dealing with morons like LVNV Funding...

I write and ask that they validate the debt and wait 30 days. After 30 days, I write a second letter and remind them that 30 days without vaildation has passed and that if they continue, I will sue.

I also enclose an unfiled copy of the lawsuit paperwork. I inform them that the moment I receive another letter, I will march down and sue. That usually gets their attention.

So far, I've only had to sue CA's twice. Both times, I got default judgements and have seized assets.

[IHateCAs]

Anytime you are dealing with an account that is not yours... IE obtained by fraud, just go the identify theft route. Take the time to go to the police station, fill out what you have to fill out and send copies to the CRAs and whomever is attempting to collect on it.

Much easier than DVing 3-4x then coming here to talk about how it's taking so long for them to get back to you.

[hawaiiguy]

That validation has to come directly from LVNV, NOT the OC. So LVNV had better not try to collect from you anymore until THEY send validation to you directly or it'll be a violation of the FDCPA.

How is this a violation of the FDCPA? I just had a similar thing happen to me.

[willingtocope]

Originally Posted by phoenix2ny

That validation has to come directly from LVNV, NOT the OC. So LVNV had better not try to collect from you anymore until THEY send validation to you directly or it'll be a violation of the FDCPA

No...actually, its the other way around. When you ask a CA or JDB for validation, they are supposed to get it from the OC and have the OC send it to you. The FDCPA doesn't exactly say that, but there have been some FTC rulings and court cases that state this.

[maggiemarie]

I agree with watching out for these guys! Before I found this forum, they 'intimidated' me into paying an old Home Depot bill that had been paid some 5 years earlier! However, due to tornado damage, I couldn't come up with the receipt, and paid them some $800 to keep them from sueing me.

Now, 2 years later....they reported it to all 3 of the CRA's! Anyone have any suggestions what to do now?

[IHateCAs]

No...actually, its the other way around. When you ask a CA or JDB for validation, they are supposed to get it from the OC and have the OC send it to you. The FDCPA doesn't exactly say that, but there have been some FTC rulings and court cases that state this.

I've never heard of such a thing. The statute says to obtain the verification and send a copy to the debtor. Not contact the OC and tell them to send verification.

[willingtocope]

I've never heard of such a thing. The statute says to obtain the verification and send a copy to the debtor. Not contact the OC and tell them to send verification.

Reference...

http://www.creditinfocenter.com/legal/FDCPA.shtml#809

and then...the "Wollman" letter...

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

...which actually does say that the CA can mail it to the debtor (my blad)...although it does imply that the information must come from the OC and not just be parroted on the CA's stationary...

[Robert Nashville/Savannah]

Anytime you are dealing with an account that is not yours... IE obtained by fraud, just go the identify theft route. Take the time to go to the police station, fill out what you have to fill out and send copies to the CRAs and whomever is attempting to collect on it.

Much easier than DVing 3-4x then coming here to talk about how it's taking so long for them to get back to you.

Hold your horses there; just because some idiot CA is reporting a debt on a person's bureau that doesn't belong to that person does not mean there is ID theft/fraud involved...if I did as you suggest I'd be filing police reports almst every month because the stupid credit bureaus seem to think that anybody with my same last name (which is a bit unusual) must be me so I get all kinds of trash showing up on my bureau.

I'd suggest you never claim ID Theft/fraud unless you have sufficient reason to thing that's the case.

[millerke]

I had another CA contact me for LVNV Funding asking for collections. DV'd them. Got reply: Sending account to original creditor - LVNV who is secondary to JC Penny's. No reply from LVNV as of yet. Do you think this other CA just dropped it. Any replies welcome.

[Tazjeepcj7]

Years ago all I wanted was to settle the account held by Sherman Acquisitions / LVNV Funding and move on. In the end these guys were too greedy to settle and eventually sold the debt to another JDB when they couldn't collect.

[limeverbena]

This is my method for dealing with morons like LVNV Funding...

I write and ask that they validate the debt and wait 30 days. After 30 days, I write a second letter and remind them that 30 days without vaildation has passed and that if they continue, I will sue.

I also enclose an unfiled copy of the lawsuit paperwork. I inform them that the moment I receive another letter, I will march down and sue. That usually gets their attention.

So far, I've only had to sue CA's twice. Both times, I got default judgements and have seized assets.

I had a negative listing from LVNV as well. i disputed it with the CRA that was reporting it, it was dropped immediately. i never even had to contact them! hope i dont hear from them in the future! others are not going as smoothly. curious.how did u sue. did you file small claims or hire an attorney? please enlighten me.i have been surfing trying to find info on the actual process and havent found much help.

[bigjohnstud4200]

Anytime you are dealing with an account that is not yours... IE obtained by fraud, just go the identify theft route. Take the time to go to the police station, fill out what you have to fill out and send copies to the CRAs and whomever is attempting to collect on it.

Much easier than DVing 3-4x then coming here to talk about how it's taking so long for them to get back to you.

I wish I could go the easy route, however, the problem is that it's being reported on my report b/c I'm a Jr and they are crossing my fathers accounts with mine CR. The good news is that they have been consistantly digging themselves into a deeper hole.

[hajimon]

I had a lvng and sherman acq on my report i simply disputed it and it fell off.

People we have to learn to be patient and think b4 we act. I have yet to dv anyone and i've had over 12 tl deleted.

The rule of this game is dont let these people get the upper hand. And who ever speaks first loses.

h

[acire01]

My husband received a letter today from MRS associates (for their client LVNV) for a debt that he's been deliquent since July or August 2005. (He was actually deliquent from OC since 2004, but got scared by a CA and paid them for a few months before I told him to stop!) Anyhow I got his credit report today (since I got the letter today) and looked it over and saw where this LVNV account was opened 4/2006 and has been being reported deliquent to Experian (and equifax) since 11/06; last reported 2/07. WTF?? What happened and what do I need to do to fix this situation. We knew nothing of this debt being sold to LVNV or I'd have DV'd them as soon as I got the letter for collection. I'm DVing MRS as we speak, but how do I fix these bastards from his report?

Thanks!

[bigjohnstud4200]

My husband received a letter today from MRS associates (for their client LVNV) for a debt that he's been deliquent since July or August 2005. (He was actually deliquent from OC since 2004, but got scared by a CA and paid them for a few months before I told him to stop!) Anyhow I got his credit report today (since I got the letter today) and looked it over and saw where this LVNV account was opened 4/2006 and has been being reported deliquent to Experian (and equifax) since 11/06; last reported 2/07. WTF?? What happened and what do I need to do to fix this situation. We knew nothing of this debt being sold to LVNV or I'd have DV'd them as soon as I got the letter for collection. I'm DVing MRS as we speak, but how do I fix these bastards from his report?

Thanks!

Opened date doesn't mean much, it's either the DOFD or DOLA that counts. LVNV has been reporting to my CR's since they purchased the account 7/05 with CO EVERY MONTH, I think in an attempt to poison my credit. It's killing my credit report, however, it's due to drop off my credit in June of this year. The real pain in the butt is the fact that's it's not even my account, it's a relatives, so I am taking action against them regardless of the fact it's going off my report soon.

[acire01]

So my concern after looking over the CRs is that LVNV is showing up as the only creditor to whom DH owes money for this account (OC, Citibank, is off the CR). The DOLA with Citi or the first CA (he paid out of fear for 4 months) was July/August of 05. Now that the debt belongs to LVNV they are showing the DOLA as n/a (EQ) but DOFD as 11/06, Date of status 11/06 (EX), TU is showing date opened (4/06) and date updated (2/07). I want to know which date I'm supposed to use for TX SOL. The date we stopped paying originally correct?? UGGH!!! I hate these guys.

[acire01]

Should I DV them if I never received any notice or correspondence from them? I'm assuming they had the incorrect address for DH (our old place, from almost 3 years ago!) and the letters never got to us. Or should I just stick to DVing MRS since they are supposedly "collecting on behalf of [their] client"? Thanks again.