Jump to content

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


pulpfiction
 Share

Recommended Posts

I ended up cc-ing every LVNV entity they listed on their mini-miranda for DH. I have a feeling they'll sell, but who knows - they were stupid enough to send 2 letters to us (after they replied to the first one that they were "investigating") & had called relatives detailing the alleged debt. We haven't heard from them since so I have a feeling they've sold it someone else!

Link to comment
Share on other sites

of LVNV's 'whack a mole' scam, (after having a fictional debt passed around

4 LVNV CAs) I sent LVNV and the other CAs a cease and desist letter

If they want to try to extort me, I want them to start racking up FCRA violations ASAP, so we can cut to the chase.

I informed them I knew about their CA scams, the fraudulent affidavits they

used in court, and their pretending to be a 'Factoring Company.'

"Whatever debt you're claiming to represent is irrelevent now that you've

refused to validate, (because you can't) 4 times!

"And if you touch my TL, I'll sue you."

(The thing is, I'm not bluffing. I don't suggest the above approach if someone

really has a legitimate debt or isn't ready to sue.)

When I get around to it, I may send some letters to the AG in States that LVNV runs their 'Factoring Company' scam in.

http://www.budhibbs.com/debtcollectorpages/alegis_corp.htm

Link to comment
Share on other sites

  • 3 weeks later...
LVNV keeps passing my debt around to various collection agencies. I DV and I hear nothing until I get another letter from another agency. How can I stop this? I am confused on where to go next. Should I DV Resurgent?, LVNV or the new agency?

For kmmp, Sherman, or LVNV, will recycle your account every six months to a new collection agency. This will go on for the full seven years, unless, a bankruptcy, or some sort of legal action takes it off their computer discs.

Sometimes even the bankruptcies are not taken off the discs.

Here is how they work. They have a computer disc w/thousands of accts they own, and they download them to a collection agency. The collection agency has the accounts for six months. After six months, the accounts are withdrawn, disc not updated unless some serious violation on there, and downloaded to the next collection agency. If there are payment arrangements they may leave a accont at the previous agency, or a promise for pmt, otherwise, the accts are uploaded, back, and downloaded to the next collection agency. This never ends, it is constant.

***deleted link****

Link to comment
Share on other sites

If it is a debt as above, it will be recycled, recycled. There may be a chance w/the CRA's disputing, but facored, and having had knowledge, and working w/people who had contracts w/the above mentioned, it is a recycling process, they don't even take the bankruptcies off the discs.

Just send the discs, w'thousands of accts around and around.....:-(.

Link to comment
Share on other sites

  • 4 weeks later...

Well, one of their entities finally sent their "verification" which consisted of a form letter with my name, social, address and the amount they say I owe, it was strange, they also put my mother's name on the letter and she has been dead for over a year, we never had an account together, ever. No name of original creditor or proof that this debt even belongs to me! It might, but I don't remember the amount they are claiming at any point in my credit history of over 30 years! They "verified" with just 1 day before the 30 but since they didn't really "validate" should I send them letter saying they have no claim since they cannot prove debt actually belongs to me?:confused:

Link to comment
Share on other sites

  • 2 weeks later...
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

When you do............I'm in!!!!!!!!

lvnv/resurgent ::BigGun::

Link to comment
Share on other sites

if someone started a website promoting a LVNV Class action suit, where people could pool their $$$. Basically, advertising for an atty.

But LVNV could probably curtail that simply, by threatening to sue the ISP provider.

The fact that LVNV's tactics, especially utilizing false affidavits extensively,

is so well known, and the Attorney General(s) won't do something is an indication of a bigger problem.

One thing that we could do, is get some legal advice to help us produce an

offensive 'Anti-LVNV' kit package which we'd make available to people for an organized letter writing campaign to the 'AG establishment.'

The thrust would be, to remove the govs' 'plausible deniability'. I'd say, 10,000 letters (including victem's affidavits!) would do the trick.

Link to comment
Share on other sites

if someone started a website promoting a LVNV Class action suit, where people could pool their $$$. Basically, advertising for an atty.

But LVNV could probably curtail that simply, by threatening to sue the ISP provider.

The fact that LVNV's tactics, especially utilizing false affidavits extensively,

is so well known, and the Attorney General(s) won't do something is an indication of a bigger problem.

One thing that we could do, is get some legal advice to help us produce an

offensive 'Anti-LVNV' kit package which we'd make available to people for an organized letter writing campaign to the 'AG establishment.'

The thrust would be, to remove the govs' 'plausible deniability'. I'd say, 10,000 letters (including victem's affidavits!) would do the trick.

Keep me in the loop.....

Link to comment
Share on other sites

I recently started disputes with the CRA's and got about 8 things deleted after their investigation, but LVNV is still there! I am pissed off about this cause the original creditor for this account was Sears and that was taken off my credit by the CRA.

Is there any way I can get LVNV off my credit? Specially since the original creditor is off already and I have never had any communication with LVNV? my original account went delinquent way back in 2000, and that is why the CRAs took it off..but how do I get this people off all my 3 credit reports? Please help will be appreciated.

Link to comment
Share on other sites

I recently started disputes with the CRA's and got about 8 things deleted after their investigation, but LVNV is still there! I am pissed off about this cause the original creditor for this account was Sears and that was taken off my credit by the CRA.

Is there any way I can get LVNV off my credit? Specially since the original creditor is off already and I have never had any communication with LVNV? my original account went delinquent way back in 2000, and that is why the CRAs took it off..but how do I get this people off all my 3 credit reports? Please help will be appreciated.

Do you have the documentation to prove the 2000 DOFD? What DOFD is LVNV reporting on this tradeline? If you don't know, call all 3 CRA's and ask them. Once you have this info, I would request an investigation with LVNV under sec 623 of the FCRA. They have 30 days to respond. See what they have.

Link to comment
Share on other sites

Do you have the documentation to prove the 2000 DOFD? What DOFD is LVNV reporting on this tradeline? If you don't know, call all 3 CRA's and ask them. Once you have this info, I would request an investigation with LVNV under sec 623 of the FCRA. They have 30 days to respond. See what they have.

Does scetion 623 apply to a JDB?

Link to comment
Share on other sites

A JDB becomes an OC for 623 purposes when they purchase the acct. Key is you must have had a CRA dispute verified first before requesting it.

OK, now I'm a little confused....

Why then does the reports list the OC under the LVNV tradeline?

I thought OCs are not subject to the FDCPA? LVNV is, aren't they?

Link to comment
Share on other sites

OK, now I'm a little confused....

Why then does the reports list the OC under the LVNV tradeline?

I thought OCs are not subject to the FDCPA? LVNV is, aren't they?

Gets a bit confusing sometimes. The OC isnt' listed on either of the TL's LVNV has on my reports. The true OC is not subject to the FDCPA and the way that LVNV operates through a series of CA fronts, they would like you to beleive they are not subject either but they are liable for the violations their CA's commit. They are subject to the FCRA as an OC and data furnisher and 623 is one of the few tools we have to deal with them.

Link to comment
Share on other sites

  • 3 weeks later...

A new-bie here. Just a quick question..sort of.

I do not have LVNV on my credit report anymore. Last August they fell off after 7-7.5 yrs reporting period passed. A month ago, I recieved a letter from one of its affiliated companies Capital Management Services, LP to pay same old debt. I DV'd them and they replied back stating that they recieved my DV letter and they will gather info from the other company Resurgent Capital Services and will forward to me once they recieved it.

It is almost 30 days now and have not heard anything back, and my question is what should be my next step. Should I send them a 2nd DV letter or simply send them a "FOAD" letter. Could they still sue me if I send them a C& D letter? The debt is way, way past SOL and I do not have any judgment. Any suggestion would be much appreciated.

Link to comment
Share on other sites

  • 3 weeks later...
A new-bie here. Just a quick question..sort of.

I do not have LVNV on my credit report anymore. Last August they fell off after 7-7.5 yrs reporting period passed. A month ago, I recieved a letter from one of its affiliated companies Capital Management Services, LP to pay same old debt. I DV'd them and they replied back stating that they recieved my DV letter and they will gather info from the other company Resurgent Capital Services and will forward to me once they recieved it.

.

Then they'll send a letter from another LVNV company that '''confirms''' your debt with a statement.

It is almost 30 days now and have not heard anything back, and my question is what should be my next step. Should I send them a 2nd DV letter or simply send them a "FOAD" letter. Could they still sue me if I send them a C& D letter? The debt is way, way past SOL and I do not have any judgment. Any suggestion would be much appreciated.

I used a C&D to get LVNV to STFU. And, to force them to to take direct action legally, which is more risky for them than the incremental game they play using letters from their many 'branches.'

I'm really of the opinion, that LVNV want to play hardball & a court confrontation is probably inevitable. I want it to be on 'their dime'.

The consensus among knowlegable folk here indicates that CFA Sec 623 is

the main law we have to defeat their scheme; which is basically that they use all their DBAs and aliases to deny that they're a CA and/or subject to any FCA regulation.

Link to comment
Share on other sites

Keep me in the loop.....

LVNV is a national scam operation that incorporates in many states for the

express purpose of obsfucating the legal system, and confusing their victims.

So LVNV's in the juristiction of the FBI's 'BUNCO' division which is the only

legal agency with the juristiction to attack a 'syndicate' like LVNV in multiple states.

It would be nice if some of the more knowlegable members helped us draft a letter that spells it all out & then we could all mail it to our local offices. (Just like those petition sites that have changed the political world!)

But without a very informative and legally correct letter, we can't expect a

quick remedy.

Link to comment
Share on other sites

Hi I got served in april and had court with LVNV in May. I asked them to validate me in court at my hearing and they had to respond to me by june 5th. They sent a letter saying I owed this OC 1000 dollars, but no real paperwork in bills that were sent to me. I was supposed to write a response by july6th and I did not send anything to the court. I thought maybe i could just settle with them for less and pay it off before court. Now they said they know I have court at the AUG 30th and say that I will be responsible for the whole amount and will garnish my paycheck. They will not settle with me for anything less than the whole thing and is there any way i can beat this in court. What can i do in this situation. I have court coming up and I dont know how to defend myself and they will not settle with me to make it smaller. They would not validate my debt when I called them and said by me calling them I have accepted tht I owe them this money. They are such jerks and I feel terrible everytime I get off the phone with them. Can I appeal if I lose or will a continuance increase my chances. If they would settle for half I could do this but they are not budging because they sense weakness.

Link to comment
Share on other sites

I would tell the judge that you never received legal validation from LVNV. Just because they say you owe someone, they need proof. Ask the judge to have LVNV produce the chain of ownership of this debt, or produce billing statements. I would also tell the judge that LVNV threatened to garnish your paycheck.

Link to comment
Share on other sites

I'm not sure if you restarted the sol by trying to settel with them or not.

I don't think so because the sol is suppose to start when last payment or last time you charged something to the account. And as long as you haven't made any payment in the last 3 years you should be able to claim sol.

I'm also from VA. and LVNV sued me.

The first day we went in front of the judge I told the judge that: I didn't believe this was my debt, I had sent LVNV a validation letter and they didn't validate, and IF this was some old debt that I couldn't remember (because my x use to handle all the bill years ago) this debt was so old that the sol applies.

The judge set another court date and ordered them to provide me with a bill of particulars and also to show last date of any charges or payments to the account.

They didn't file the bill of particulars by the due date so I filed a MSJ.

The day of court , they didn't even show up, but they did file a paper with the court asking the judge to non-suit the case. So the judge non-suited the case.

Link to comment
Share on other sites

  • 2 weeks later...

OC: Sears

Date Updated: 06/2006(?)

DAte Opened: 07/1998

DAte Closed: 06/2004

DAte Paid: 11/2003(?)

Disputed CRA's first and DVL's to LVNV and Northland Group (received letter from Northland two weeks after trying to preapprove for house.) LVNV was not on CRA report two months before.

CRA's now reporting as "verified"

CRRL--Northland Group signed 07-19-2008

CRRL--LVNV signed 07-21-08

Received letter dated 08-19-2008 postmarked 08-20-2008

Previous Creditor:Sears

Current Creditor: LVNV

ACCT#

Balance $

Thanks for inquiry see copy of DV (letter stating OC, Acct#, CC, Balance) We have taken necessary actions to ensure you will receive no further contact from Resurgent Capital Services, LP. If questions call 888-665-0374.

What is the next step?

I have been reading for a few weeks and am overwhelmed. I have been able to remove seven old debts off CRA report thanks to the info on this site:-)

Link to comment
Share on other sites

  • 1 month later...

Pardon me for copying/pasting from a couple of LVNV threads I posted about, I don't want to type over again.

I'm using a generalization here. Whether we like it or not using the factoring notation is not illegal and they can do this. There are better ways to attack them. Tying together the multi-headed hydra is one way. If you can show/demonstrate collusion between their many company shells in complaints to the proper authoritities, then this makes the job of sueing them or defending against them easier. Essentially you want to make the "sum of its parts" the "whole" as an entity for any type of litigation.

From my post on Creditboards:

http://creditboards.com/forums/index.php?showtopic=360162&pid=3372695&st=0entry3372695

Well, there is a way to use South Carolina's own credit laws which BTW, mirror the FDCPA. File a complaint with the Administrator of the SC Dept. of Consumer Affairs. This gets their attention. Report the know linkage between LVNV, Resurgent, Sherman, Credit One, et al. I believe this is also obligatory anyway.

http://www.debt-collector-problems.com/Sou...ctices-Act.html

Now, here is the section to write them up about, one which will give them pause:

(d) causing or threatening to cause injury to the consumer's reputation or economic status by disclosing information affecting the consumer's reputation for creditworthiness with knowledge or reason to know that the information is false; communicating with the consumer's employer before obtaining a final judgment against the consumer, except as permitted by statute or to verify the consumer's employment; disclosing to a person, with knowledge or reason to know that the person does not have a legitimate business need for the information, or in any way prohibited by statute, information affecting the consumer's credit or other reputation; or disclosing information concerning the existence of a debt known to be disputed by the consumer without disclosing that fact;

Oh, of course make a copy of this complaint to the SC AG and let the Sherman dysfunctional family know this. This worked wonders for me. 'Course I like giving em hell. My alledged debt is 13 years old and they did the usual pass it around to different CA's, I skipped them after the first and sent a DV directly to LVNV with Resurgent's name on it also and the term all Sherman's companies. I let em know up front I'm dead serious. Oh, forgot, also sent it to their SC registered agent.

Now, here is the SC's Dept of of Affairs authority:

Again, go here and download the form, fill it in with all the particulars, send it back to the SC Dept. of Consumer afffairs, make two copies of that complaint and mail them CMRR to Sherman and the SC AG.

http://www.scconsumer.gov/complaint_services.htm

STATUTES ENFORCED BY SCDCA: http://www.scconsumer.gov/legal/statutes.htm

Athletic Agents & Student Athletes Section 59-102-10 et seq.

Continuing Care Retirement Communities Section 37-11-10

Credit Grantor Notification and Fees Sections 37-6-202 & 209

Maximum Rate Schedules (Filing and Posting) Loans - Section 37-3-305

Maximum Rate Schedules (Filing and Posting) Sales Section 37-2-305

Mortgage Loan Brokers Act Section 40-58-10 et seq.

Motor Club Services Act Section 39-61-10 et seq.

Motor Vehicle Express Warranties Section 56-28-10 et seq.

Pawnbroker Section 40-39-10 et seq.

Physical Fitness Services Act Section 44-79-10 et seq.

Prepaid Legal Services Section 37-16-20 et seq.

Prizes and Gifts Act Section 37-15-10 et seq.

Remedies & Penalties Limitations on Creditors' Remedies Sections 37-5-109, 110 SC Consumer Protection Code - Title 37

Staff Leasing Services Section 40-68-10

Telephone Solicitations Section 16-17-445

Unfair Debt Collection Practices Act

Unconscionability Section 37-5-108

Again, I'm tired and want you to realize that SC does have the basics of the FDCPA incoded into its leagal system.

You have to tie the multi-headed hydra together in your complaint, as I told one person demonstrating "collusion" amongst its parts to make the "whole" liable in any suit against them or in defense.

I did this for myself and a good friend. Sherman gets very antsy and defensive when this is done and actually stumbled all over itself to drop the matter to our satisfaction. They DO NOT want to be tied together even though someone made them start including a list of Sherman companies included in every dunning letter sent by their CA's.

Again, start by using SC's own debt collection remedies built in it State laws.

:mrgreen:

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.