pulpfiction

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

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why don't we all get togather and start a class action law suite on lvnv they are screw with all of a factoring loan account an charge off account reporting as an open account

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That might be a question we should ask in the section on the board, "Is there a lawyer in the house?" I'll post one there and see if we have a response.

My feelling is that none of these JDCAs will stop until it isn't profitable for them or there are consumer protections in place against these greedy scoundrels. We could sue but that won't stop them from vamping on other folks in our situation because it's a huge money maker for them. Stinks....

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We could sue but that won't stop them from vamping on other folks in our situation because it's a huge money maker for them

Lots of people get in over their heads....then they stick they're heads in the sand waiting on it to get better. I was the same way.

Me and hubby use to laugh at those identity theft commercials. We'd go "They would have to be pretty pathetic to steal our identies" lol

It took LVNV calling me constantly and threatening me to search they're name on the net. It led me here. I read and read and read. I ate, drank, and stayed up all night absorbing all the credit info I could find.

That's the secert to this whole credit repair....become smart about the laws and such. Know your enemy. Somehwhere along the way, learning all this, it made me want to acheive good credit. Now, I just wanna see how far up my score can go. haha

Working this hard on credit has made me VERY VERY proud of my score.

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I have three zombies. All COed in 91-92. Was a mom w/ disabled partner and in college. Had to let the CCs go. No choice. Have been able to get my score to very good/excellent now. Because of my good credit numbers it's like flies attracted to sugar - the JD CAs see this and will come after you with a vengence. I get notices all the time from several of them at once - some trying to collect the same debt. They probably think I and others are stupid and will pay these clowns. Hades will freeze over before any of them get one penny from me.

LVNV seems to be the biggest offender about pursuing multiple/same accounts. They send a notice from one of their bogus companies. I do a C&D. A month later I get another notice from yet another one of their so called CAs. It has been steady for two-three years now. I'm now finding it fun to tell them to F.O.A.D. 8-)

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Just pulled all three CRs today. Nothing negative on there but an assigned card that I asked to be removed from reports a couple of years ago that wasn't done. (Partner deceased.) Will have to request... again. I really have nothing I can sue them for since what they are doing isn't illegal (yet!) and doesn't show on any of my reports. Dag nabbit!

Now I do notice that the LVNV hacks have made repeated inquires on my reports for the last two years. Bet the farm as soon as they see any of the three COs I have show up again they will crank it up.

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An old Judgement was bought by LVNV and they turned it over to Weltman, Weinberg & Reis Co. Time to fire up the old DV letter again. Anyone have any success or failure with them??

Ok, I DV them and no response. I check my CR and the updated the entry on all three CR to "disputed"

Can I try to have the entry removed after 30 days?

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Thanks for this, 'head's up!'

I just received a polite response to a DV from Capital Management Services LP who inform me that they're 'no longer sevicing my account' and are sending it back to 'Resurgent Capital.' (They've not reported it to CRAs, yet.)

Naturally, I suspected a scheme.

And thanks to info in this thread, I can see this reponse is likely a ruse.

So I'm sending a letter to them both, letting them know that if it is such a ruse it is their first FCPA violation, 'missconstruing information'. And when they've violated enough statutes, 'I intend to collect.'

This debt is likely a 'junk debt' from a doctor who messed up the billing to my insurance company.

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LVNV sued my 78 year old, very ill neighbor through an attorney in small claims court in December. I helped her Answer, assert Affirmative Defenses. I also pointed out that the attorney did NOT follow the court's own RULES before filing the action!

I don't think they'll set a court hearing so they can go before the Judge and explain why they are EXEMPT from following the Court's rules.

I also helped my neighbor dispute the posting by LVNV in her credit files. She got an answer today from EQUIFAX and it was DELETED! I knew for sure that they would come back that it was "verified".

I am taking her documentation to an attorney next week for her to turn the tables on them all for abusive collection activities, etc.

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Debt buying is a fast-growing business in the U.S. Just because a debt buyer claims they are owed money from you in court or in a letter doesn't mean they are entitled to anything. Many of the debts they purchase are undocumented, not beyond the statute of limitations, or legally invalid.

If you are being dunned or sued by a debt buyer, it is important for you to understand your rights as a consumer. You may have a valid defense to the claim -- or you may have a claim against the debt buyer.

The Federal Trade Commission reported with regard to a lawsuit filed in 2004 that accounts enforced by the debt buyer may came from "consumers who never owed the original debt in the first place. Many consumers pay to get [a debt buyer] to stop threatening and harassing them, their families, their friends, and their co-workers." (http://www.ftc.gov/opa/2004/12/camco.htm)

Likewise, the Attorney General of Minnesota in 2004 sued two collection agencies that represent debt buyers. According to the Attorney General, the companies used illegal tactics such as ignoring written disputes filed by consumers to coerce those consumers into paying invalid debts.

Even if you know the debt is valid, you have the right to know that the debt buyer actually owns the debt. The debt buyer must be prepared to provide you with a copy of an assignment of the debt that specifically refers to the debtor by name, address, and account number. Also, beware: making even a small payment may revive the statute of limitations on an old debt which would otherwise be uncollectible.

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Ok, I DV them and no response. I check my CR and the updated the entry on all three CR to "disputed"

Can I try to have the entry removed after 30 days?

Contact the following as they are the EXPERTS on these "bottomfeeders".

from their web site:

Contact the debt collection attorneys of Edelman, Combs, Latturner & Goodwin, LLC, for a free initial case evaluation by calling 1-800-644-4673, by emailing us through this Web site, or by faxing us your debt collection letters at 312-419-0379.

Se habla español.

The consumer protection and class action lawyers of Edelman, Combs, Latturner & Goodwin, LLC, represent clients throughout Illinois, and in Federal Courts in Illinois, Wisconsin, Indiana, and Michigan, and will consider substantial cases in other jurisdictions.

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You might find this humerous ;

'Capital Management' responded to my DV with a 'polite', 'We're not handling your ''account'', we're sending it to 'Resurgent Capital.'

I replied by registered mail to the effect that, "Since you're nice enough to advise about my so called, ''account'' I'm going to return the favor and advise you about yours ;

You owe me $1000. Your letter advising me that, “my ‘account’ is being returned to Resurgent Capital” comprises a violation of FDCPA per Gearing v. Check Brokerage Corp Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990). "Disseminating false or confusing information to collect money from

consumers."

Your letter is a blatant attempt to portray your activities as coming from ‘different’ companies. Your letter is the standard one LVNV uses to obfuscate, and confuse consumers while making a mockery of the laws that regulate your industry.

(If you try to advise me a technicality that’s supposed to substantiate how you can legally pretend to be separate companies, that will be another violation/$1000.00. We know quite well who you are. Your activities are well documented.)

Each and any action one of your aliases takes concerning me will henceforth, comprise one more violation @ $1000. each..

I will update your account for violations you’ve committed which I haven’t yet discovered yet when I discover them and I will invoice you within 30 days.

Please do not delay payment or I will have to undertake a FDCPA/Rosenthal lawsuit to recover the charges. (I also reserve the right to pursue this complaint as a ‘class action’.)

And I will persue them, with a view toward accruing violations. Then I'll sell

'their' account to a lawyer!!!!!:twisted:

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You might find this humerous ;

'Capital Management' responded to my DV with a 'polite', 'We're not handling your ''account'', we're sending it to 'Resurgent Capital.'

I replied by registered mail to the effect that, "Since you're nice enough to advise about my so called, ''account'' I'm going to return the favor and advise you about yours ;

wow! you sent that letter? actually too cool....keep us posted on the outcome please! :)

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Yes it was fun!!

But, keep in mind I know I don't really owe anyone any money. These 'debts' are the result of disputes with OC's.

Update

I just received Resurgent's 'validation' ; it's just a note that states they bought it from OCI/Gulf State Credit.

another LVNV company! No info about the 'debt'. Seems completely absurd.

I'm sending a reply to LVNV and 'Resurgent' telling them their 'validation's' insufficient and to cease and desist.

LVNV's acting as if it's an OC who's engaging (it's own offices) collect a 'debt'. When I DV one, they send it to

another and bump up the interest..

Seems a scam any 3rd grader could see through & I told them that. I also gave them a revised 'invoice' for violations based on the above and warned them, 'I'm about to sell their debt!'

Should be lucrative. To be continued.

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If anyone out there, and I know you have to be, has a success story dealing with the LVNV octopus, please post specifics. I have 2 that I am dying to get rid of on my CR and they have a judgement against my better half that for some reason they are not reporting yet.

I have dealt with LVNV myself, I received a letter from Weltman saying my account had been sent to them to file suit, so i started researching.

LVNV is not licensed or bonded in my state (arkansas) which they are required to be. And since the letter from Weltman had the blurb "this communication is an attempt to collect a debt" that requires them to be licensed as a collection agency as well, which they were not.

I had previously disputed the account online and they verified, so i sent a written dispute to the CRA informing them that LVNV was not licensed in my state for collection activities and sent LVNV a copy as well.

Got my investigation results back....DELETED!!! I think the copy of the complaint form that i filed with the Arkansas state board of collection agencies helped. :twisted:

So check and see if your state requires licensing/bonding, and check to see if they are licensed, if not you got them. My state has a roster search on their website but i emailed the office to make sure they werent licensed and i checked all of their aliases and none of them were a match.

I filed a complaint with the ASBCA because doing business as a collection agency without a license in arkansas is punishable by fines. i hope they nailed them!!!!

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I have two debts that are with LVNV as of right now... One is from Banana Republic and the other is for Walmart... Before reading this forum, i called the CA and they gave me 2 different phone numbers for two different offices where this debt is being handled... Hilarious! I cant wait to start doing these DV's on them...

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who said that we should all write to the FTC about them. Within two months on my Equifax CR LVNV has reported $0 balance, then reported $3k balance, changed the date open from 6/03 to N/A, sold/transferred the account changing the balance back to $0, and purchased the account back and changed the balance to close to $4k and changed the account from placed to collections and skip to 120 past due.

Like others posted, when DV'd, the sent letter stating they were investigating but never got the results, instead got a letter from one of their affiliates Capital. I DV'd them and never heard back.

Make copies of everything and send it to the FTC. I would like to see them beact NCO's payout in fines.

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I recently had two assigness of LVNV under Pinnacle Services try to collect the same debt at the same time. Both had different amounts they claimed I owed. I sent an informal inquiry to my state DAs CAB and the investigator got two different stories from each of CAs. The DAs office advised me to send a CMRRR FOAD note to Pinnacle directly to cover my backside. They have also added my complaint to their files since, "... complaints against this collection agency suggest a pattern of violations of the Colorado FDCPA." (:yahoo: Chalk one up for the Colorado CAB!) Maybe if enough of us complain to our state DAs about LVNV and associated CAs, we can get rid of this JDB and then deal with the next cockroach nest.

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I got hit by LVNV too, and they subcontrracted collection to Resurgent, who subcontracted to Central Credit Services.

I DV'd CCS, they dropped, Resurgent sent their usual verification, I strongly disputed, no reply.

Then Resurgent contracted out to Weltman Weinberg & Reis, whom tried to collect, but I informed them that I had disputed this debt with Resurgent;

Then filed a FTC complaint online, whom advised me I should dispute the reporting with all CRA's ( so LVNV Funding can't say it wasn't disputed)

I then spent some time reading the FCRA & FDCPA in depth;

The trick is that since LVNV Funding is considered a Debt collector for the purposes of The FDCPA, they are stifled by this one provision; All collection activity has to cease until they validate, which means they cannot subcontract out collection until they themselves validate!

You'll need a strong dispute letter requesting Validation not verification,

So DV LVNV Funding direct, dispute any verification, & go on file with the CRA's, and tell any other agency they hire, that the debt is disputed directly with LVNV Funding, if LVNV has hired them to collect, that you will sue LVNV Funding for continuing collection without validation.

I have some nice l DV letters to share which seemed to have worked so far, haven't heard back from any of them; got rid of CCS in August, Resurgent in October, and Weltman in December, but it's till being reported ( as disputed) on the credit report by LVNV Funding

I've got an 'Estoppel by silence' letter written, threatening federal court action; has any one had any luck with Estoppel letters?

here it is;

Dear Sir, Madam,

As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute dated October 23, 2007 and you have not supplied the demanded proof of the alleged debt; under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

Your company is reporting the above referenced account on my credit report as a collection account. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid; Sullivan v. Equifax, Inc. et al., 2002 U.S. Dist. LEXIS 7884 (E.D. Pa. 2002)-- federal court held that reporting a debt to a credit reporting agency is a communication covered by the Fair Debt Collection Practices Act.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter as previous requested. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

2) What is your authorization of law for your collection of information?

3) What is your authorization of law for your collection of this alleged debt?

4) Please evidence your authorization to do business or operate in the state of Arizona

5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. Letter of sale or assignment from the original creditor to LVNV Funding, LLC. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

6) Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509

You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter's) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof requested or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter (with return receipt) will result in legal action against your company to dismiss your claim with prejudice. I will be seeking $1000 in damages in seperate actions for each violation of the Fair Debt Collection Protection Act , and the Fair Credit Reporting Act, with attorney fees, and further awards for the following:

1) Defamation

2) Emotional distress

False Affidavits will be challenged in court.,and action will be brought in Federal court , citing Todd vs. Weltman, Weinberg & Ries.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

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There should be some form of protection written into the statutes to stop this kind of action. In my opinion, the original creditor should stay on the report...but once it is assigned to a CA, and they fail to verify it should not be a sellable assett because they could not or failed to provide proof to begin with that you owed this debt to them. We should get a petition going with some of the legal minds here making the correct terminology and try to make a change!

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i file compliant with bbb they sent bbb 3 copies of statements and siad they are not a collection agency file compliant wi the SC cunsumer affairs and they sent them photo copies of all statements. i ask for validtion on 3/15/2007 and they never sent me anything

is this validation under the FDCPA? did they validate to me? or is that a voilation? and i ask for full validation sign contract orginals statements no photo copies all disclouers

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There should be some form of protection written into the statutes to stop this kind of action.

Obviously, thousands of complaints from consumers to FDCPA doesn't do any good.

The fact that LVNV can ignore the law with impunity is proof of the failure of

(or complicity) of government regulators in this industry.

In my opinion, the original creditor should stay on the report...but once it is assigned to a CA, and they fail to verify it should not be a sellable assett because they could not or failed to provide proof to begin with that you owed this debt to them. We should get a petition going with some of the legal minds here making the correct terminology and try to make a change

Yes, a 'class action suit'.

LVNV has a set strategy where they attempt to claim FDCPA is not applicable to them since they're a factoring company and not a CA. They use false afidavits, and missfiled business classifications to establish this in court.

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I mailed my DV letters and called this morning to ensure they received it. The lady told me they did, however because of cease and desist, they can't contact me by phone and it is their policy to place a bar on mail communication as well so the 'verificaiton' wouldn't have gotten to me. This sounds like a bunch of bs to me....she told me to send her my ss card, birth certificate, drivers license, etc to begin the investigation process. What is my arguement here since they won't send me anything but are reporting on my credit? Should I send them these docs?

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I don't think they can refuse to validate , can they?

I would send them a CMRR letter, stating simply;

your account number with them or a photo copy of the information they have reported to the credit bureaus

and a letter stating;

"This letter is being sent to LVNV, The Better Business Bureau, My state attorney general, my attorney, The three credit bureaus, etc...

You have placed the above information on my credit reports. This is my SECOND request in three months for you to POSTAL MAIL me verification and validation of the above debt as I dispute it. You have thus far not sent me this validation,.If you refuse to POSTAL MAIL me this information to the RETURN ADDRESS stated in this letter within 30 days of the date stated on this letter, you are in VIOLATION of the FDCPA. Furthermore if you refuse validation I demand you remove the erroneous and false information that you have placed on my credit report."

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do NOT send your DL SS# or anything of that nature to these vultures.

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