LVNV Violations? First Steps?

[jamesdamein]

Ok so this is going to be my first post after lurking for some time. I have a collection from LVNV showing up on my CR and I have no idea what it's for. Are there violations here with the reporting is there anything I can do to get them to 'accidentally' commit violations and if so what is the process start to finish to sue them for said violations.

I have not yet sent a DV letter but I am planning on using the following unless advised otherwise

This letter is being sent to you in response to finding an item listed on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with originals of any papers including my signature that show I agreed to pay what you say I owe;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if your company or the company that you represent does not remove any negative mark from any of my credit reports I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that your offices make no telephone contact to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

Thanks for your help.

[CleverCynic]

Here's a link to the letter I just wrote yesterday, and a member claiming to be an attorney suggested some changes. Same thing on my reports and SecretAgenWoman's reports... probably many more.

Maybe you can get it right. I was kind of mad when I wrote it.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=270742

[merkurfan]

They are already violating

let me see..

They are NOT a factoring company

Pay status not the same

Can't be late on a collection account (120 days at that)

Account numbers don't match (it's thin, but hey, one has a 0, two don't)

Looks like the a-holes are updating monthly to EX too.. Have you disputed them yet? I would start there. Sometimes they fall quickly.

[divemedic]

Do not use the form letters, they do not work as well as they used to. A simple "I dispute this" is enough.

[jamesdamein]

When you say dispute do you mean with the CRA? I have already disputed several other things with them and isn't it recommended to give them some time before another onslaught.

I can hold off and wait for another round of disputes...is the idea to get them the CRA to verify the info and turn it into willful false reporting?

Please advise. The main question is when can I go nutcase on them for violations and force a deletion or actually go through with filing a suit.*

Also I agree with the prefab letter thing...if the one I posted is correct for content I will rework it to ad some personal flair without losing meaning.

*does this require a lawyer or can one simply file the motions in court

[jamesdamein]

Ok you guys are right about reading stuff...

I downloaded the how to sue CA's book. Seems pretty simple for a reasonably unintelligent person to accomplish. If it gets hairy I can always call in a lawyer for help.

After the DV comes back and I don't like it then I let them know I intend to file a suit with the ITS letter. Hypothetically what if they file a suit as well for the $2609 can I say look guys you have 3 violations from that makes us about even so lets call it a wash and delete...or is this wishful thinking?

Also any opinion on collections as Installment Accounts instead of Collections...that a violation correct?

[merkurfan]

Ok you guys are right about reading stuff...

I downloaded the how to sue CA's book. Seems pretty simple for a reasonably unintelligent person to accomplish. If it gets hairy I can always call in a lawyer for help.

Be careful, you can get yourself in trouble if you say the wrong things during your case

After the DV comes back and I don't like it then I let them know I intend to file a suit with the ITS letter. Hypothetically what if they file a suit as well for the $2609 can I say look guys you have 3 violations from that makes us about even so lets call it a wash and delete...or is this wishful thinking?

Yep, you can have 1000 violations, the max you can sue for is 1000 (it's per ACTION not vviolation)

Also any opinion on collections as Installment Accounts instead of Collections...that a violation correct?

Well.. Yes.. It was never a installment account. However I don't think there is any caselaw to support this. I think it was Dive that pointed out that all suits thus far over installment listings have been settled out of court.

[jamesdamein]

so the reporting is one action even though they reported to 3 agencies

[CleverCynic]

So what constitutes an "Action"?

Guys lets stick together on this and consider a joint suit to carry some weight. I doubt many others have a forum to get together and share their reporting tactics. I'm sure everyone thinks it's just them and we have at least 4 or 5 now that we know are being violated.

How have some people sued for 10k or more?

[Silver1]

I've been wrangling with LVNV for about two years now. They are the scummiest and I have so far been unable to convince EQ/CSC/EXP of the blatant inaccuracies they post on my CR.

If you go for it, I'm in.

I haven't gotten to a nutcase letter a la SecretAgentWoman, but I'm about to for their willful violations.

As mentioned upthread:

"They are NOT a factoring company

Pay status not the same

Can't be late on a collection account (120 days at that)

Account numbers don't match (it's thin, but hey, one has a 0, two don't)"

The DOLAs on these accounts do not seem to gel, either.

LVNV reporting all that on more than 1 account plus have refused to validate, but hey, they don't need to so they just verify to the CRA and skip me entirely.

[razr]

What Dive said. A simple "You have been reporting [whatever] to CRA's. I dispute your claim, pursuant to the FDCPA, validation is requested." is all you need to send. At the same time dispute with the CRAs.

-r

[CleverCynic]

That's fine and dandy for a mistake. But we are establishing a long and deliberate pattern of false reporting. I think it should be brought to an end. If I do not get my deletes, I will begin shopping an attorney and notify anyone who would like to be named. If they will not take it on contingency, I'm good for a good portion of it.

Please print out your TC's and EQ's and whatever you have with dates on them.

[Silver1]

Cynic, I'm with you. I will start getting my things together and compiling the data on my disputes with the CRAs. Here's to hoping an atty can do a class action. I'm in TX. One of the CRAs with my CR is CSC Credit Services, though. Yuk. They're worthless. Disputed and the stuff always comes back verified. Not enough roll-eye emoticons in the world for that one.

[karenr216]

I just filed a complaint with FTC.I sighted refusal to validate a debt.Twice by me(RRR) and twice by my Attorney.I also added that in the letter from my Attorney she demanded "No Communication" with me.To date they have called my house 13 times and left messages on my machine.They

completely ignored the attorney.So let' see what the FTC has to say about this:roll:

[CleverCynic]

I'll continue to monitor this thread for additional complaints... it's going to be another month though before we'll know anything. Have to see if they respond to the ITS first. Otherwise I see no shortage of plaintiffs.