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LVNV owns the debt/won't speak to me about it


jenawade
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While LVNV is reporting a debt as the purchased owner of an old Providian account, are they acting within the law when refusing to speak with me about the debt when I tried to discuss settlement but instead directing me to a separate agency who is 'handling the account'? How can they report it, as the debt owner, but refuse to speak with me about it?

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They bought the debt and are now acting as the OC by managing the account. They are assinging a debt collection outfit to collect it for them. What you need to keep clear in your mind is that the DOFD is STILL attached to the orginal OC (Providian). So, for lawsuit purposes, is it out of SOL AND, for CRA reporting purposes, is it beyound the 7 year limit for reporting? JDB, like LVNV in this case, buy old debt and have been known to attempt to reage it. This can go on for years. Keep good records for years and years for things like this.

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is it out of SOL AND, for CRA reporting purposes, is it beyound the 7 year limit for reporting?

No, Providian closed and sold the account early 2004 after the 120 days and Michigan is 6 years SOL.

Could I send one of those 'will only speak with the OC not the CA' type of letters to force LVNV to deal with me themselves?

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The Bud Hibbs approach has you sending a C&D letter then a PFD to the OC with a copy of the C&D you sent the CA. I have no idea if that approach works. I do know, his ebook used to be for sale but is now a freebie. There is someone who frequents this site reguarly that gives the indication he supports the Hibbs approach (dealing only with the OC). The more experienced here would have to weight in on the pros and cons.

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The Bud Hibbs approach has you sending a C&D letter then a PFD to the OC with a copy of the C&D you sent the CA. I have no idea if that approach works. I do know, his ebook used to be for sale but is now a freebie. There is someone who frequents this site reguarly that gives the indication he supports the Hibbs approach (dealing only with the OC). The more experienced here would have to weight in on the pros and cons.

The thing you're missing here is that LVNV actually now owns the debt. They are a JDB and not the OC, which would be Providian. This debt is still within the SOL, which I believe is not the time to be sending C&D letters.

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I too have a debt that is held by LVNV. It was a Providian CC that defaulted and was finally sold to LVNV/Resurgent and their whole group.

LVNV is not the OC and never will be. Once the OC (Providian, in this case) sells the debt to a junk debt buyer like LVNV, Providian drops all interest in the account.

While LVNV is reporting a debt as the purchased owner of an old Providian account, are they acting within the law when refusing to speak with me about the debt when I tried to discuss settlement but instead directing me to a separate agency who is 'handling the account'? How can they report it, as the debt owner, but refuse to speak with me about it?

LVNV has told me the exact same thing. It seems they prefer to have the 3rd party CA's handle the accounts, instead of dealing with them directly. Can they do this legally and still report it on you credit report? I believe they can - tho I hope someone posts and lets me know if I am wrong.

Could I send one of those 'will only speak with the OC not the CA' type of letters to force LVNV to deal with me themselves?

Yes, you can send the CA (3rd party collection agency) a C&D telling them you will talk directly to the debt holder LVNV (not OC, the OC sold your account). This is the next step I will be taking once my lawsuit is done. I sued the last collection agency they hired to harass me.

I believe I will once again be told that I should deal with whomever they assign it to, but if that is the case I will DV and/or sue each CA that violates in the future. I personally am tired of dealing with the scum.

Good luck, and let us know how it goes!

StressPot

The Bud Hibbs approach has you sending a C&D letter then a PFD to the OC with a copy of the C&D you sent the CA. I have no idea if that approach works.

This could work sure, but for the OP it will not. The OC (Providian) has sold the account, and it now belongs to LVNV Funding/Resurgent. If you want to deal with the debt owner, it's LVNV and they are not the OC.

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The thread was looking a little confusing, so I thought I'd clear the cobwebs. I didn't mean to step on any toes!

The Bud Hibbs approach does look good!!

I am not sure if it would work for the OP or myself for that matter. LVNV likes to hire the worst. I received the same reply from LVNV directly and I have replied to all the CA's that have dunned me working for LVNV. The CA's never want to respond to me past the computer generated generic letters.

jenawade: If you can get them to talk to you directly, I'd love to hear how you bent their ear! No success for me.

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