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

[thegame26]

Honestly, I have no idea.

They had been on my report for about 3 years. When I first noticed it, I VOD'ed them and was surprised when they responded with account statements. I panicked and hit them with the cease communication.

I then tried BBB, Consumer Affair, and AG complaints because of the way they were reporting. Still no luck.

Ever since, I've tried random disputes every 5-6 months from 'not mine', to inccorect amount', etc. Still no luck.

I went to try again earlier this week and *poof* they were gone. Totally random. Was going to be on my report until 2012 and was within SOL but I ain't going to knock it.

[saint al]

In my experience with Lvnv funding I was sued by them but I started reading in this forum and research and learn FDCPA and the FCRA I went to court nervously standing my ground all the way to mediation and they file a dismisal without predudice. They usually don't have anything to substanciate a legal claim.

[hendu]

Honestly, I have no idea.

They had been on my report for about 3 years. When I first noticed it, I VOD'ed them and was surprised when they responded with account statements. I panicked and hit them with the cease communication.

I then tried BBB, Consumer Affair, and AG complaints because of the way they were reporting. Still no luck.

Ever since, I've tried random disputes every 5-6 months from 'not mine', to inccorect amount', etc. Still no luck.

I went to try again earlier this week and *poof* they were gone. Totally random. Was going to be on my report until 2012 and was within SOL but I ain't going to knock it.

You did a dispute with CRAs?

[thegame26]

You did a dispute with CRAs?

Yeah, that's what I had been doing...Always came back verified. Was just doing a routine check of them the other day (and was going to try disputing again as it had been a while since my last attempt) and they were gone.

[defeatCA]

I just disputed them online at TU. They report 3 accounts (former CAs) as "open", "Factoring account" and all other incorrect BS.

I disputed "Please verify all information with them - multiple errors" and "Wrong Terms".

In case they verify this bogus account-type (open installment), I'll give them a call and apply for credit.

After all, they report as a CREDITOR, right?

[newryman]

I just disputed them online at TU. They report 3 accounts (former CAs) as "open", "Factoring account" and all other incorrect BS.

I disputed "Please verify all information with them - multiple errors" and "Wrong Terms".

In case they verify this bogus account-type (open installment), I'll give them a call and apply for credit.

After all, they report as a CREDITOR, right?

As it is an open account write to them rewquesting $10,000 for a weekend vacation in vegas. Let us know when the check arrives. Or now you have disputed it and are getting nowhere and as it is the idiot class of 78 you could always be radical and sue them.

[btammymcneilpaul]

All the information I have read is shocking about LVNV....I have them Along with Ascent, Resurgent, and some others. Should I keep sending validation letters to them or should I sent the validation letters to all 3 credit bureaus to get it deleted.

[livnmywy]

Dispute with the CRA's and see what happens. I got it removed from 2 credit reports just by doing that. Then send them a DV letter.

[hendu]

Dispute with the CRA's and see what happens. I got it removed from 2 credit reports just by doing that. Then send them a DV letter.

What specifically did you dispute?

[Nitro69]

Has anybody seen this before ? I am a little confused.

July 30, 09 I received my TU report which showed;

ADVERSE ACCOUNTS

LVNV #*****118

Loan typ:Factoring Co Account

Remarks:Placed for Collection

Balance: $960

Date Updated:07/2009

High Balance: $814

Colateral: 12 Sears

Past Due: $960<

Pay Status: Collection Account

Account Type: Open Account

Date Open: 11/05

SATISFACTORY ACCOUNTS

Sears #******118

Balance: $ 0

Date Verified: 11/2005

High Balance: $842

Credit Lmit: $540

Pay Status: Paid or Paying as Agreed

Account Trpy: Revolving Account

Date Closed: 10/2005

Date Paid: 04/2005

Edited October 23, 2009 by Nitro69
Pushed the wrong key

[Nitro69]

Continued from above

I the received CR from TU dated 09/30/09

ADVERSE ACCOUNTS

LVNV #*******118

Loan Type: Factoring Co Account

Remarks: Acc Info Disputed by Consumr

Balance: $968

Date Updated: 09/2009

High Balance: $813

Collateral: 12 Sears

Past Due: $968<

Pay Status: Collection Account

Account Typr: Open Account

Date Open: 11/2005

Date Closed: 09/2009

Sears #********118

Loan Type: Charge Account

Remarks: Acct info disputed by consumr

Balance: $0

Date Updated: 11/2005

High Balance: $814

Credit Limit: $540

Pay Status: Charged Off As Bad Debt

Account Type: Revolving Account

Date Opened: 08/1992

Date Closed: 11/2005

Date Paid: 04/2005

Btw the two reports with info changing is the ?

I filed a dispute to TU for above LVNC which was delivered 10/13/09 so why would LVNV be stating "ACC info disp by consumr"

?

[MG05]

Added this to my LVNV DV Letter:

PLEASE NOTE THAT YOUR COMPANY LVNV FUNDING LLC IS NOTORIOUS FOR PASSING ACCOUNTS BETWEEN SUBSIDIARY COMPANIES TO CIRCUMVENT FAIR DEBT COLLECTION PRACTICES ACT. ANY ATTEMPT BY YOU TO FORWARD THIS ACCOUNT TO ANY OTHER SUBSIDIARY COMPANY RELATED TO LVNV FUNDING LLC BEFORE VALIDATION OF THESE DEBTS LISTED IN THIS CORRESPONDENCE WILL RESULT IN A FEDERAL LAWSUIT. GOVERN YOURSELVES ACCORDINGLY AS I HAVE COMPLETE DOCUMENTATION. THESE INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:

• Sherman Acquisition Limited

• Resurgent Capital Services L. P.

• Anson Street LLC Partnership

• Resurgent Capital Services PR LLC

• Ashley Funding Services LLC

• Sherman Acquisition II Limited

• Credit One Bank, N.A.

• Partnership Ascent Card Services, LLC

• SFG REO, LLC

• Sherman Acquisition L.L.C.

• Ascent Card Services II LLC

• PYOD LLC

• Sherman Acquisition TA LP

• Tradd Street LLC

Edited November 8, 2009 by MG05
Cahnge

[poorbloke]

SCARY! i got like 3 or 4 of LVNV on my Credit report!!!

[Jreed]

I have some interesting updates.

I have letters from: ARS and Capital Asset Management.

Neither company are listed on the company listing for LVNV, however both of the letters sent to me have LVNV as the "original creditor".

Is that a violation all by itself? Afterall it is misleading or confusing at best. At worst it is a blatant lie as they know they are not the original creditor.

Both have attempted to collect with only the lightest effort at validation. I think one sent a single statement while the other said "you owe us, consider the debt validated". hahahaha

[BV80]

JReed,

Is LVNV listed as the OC, or as the CURRENT creditor. Even if they were listed as the OC on a collection letter, I'm not sure if that would be a violation or not.

If you requested validation within 30 days after the first communication from the collectors for LVNV, if they didn't respond with the name of the OC and original amount of the debt, they boobooed. If you requested validation after 30 days, I'm not sure what they can respond with. I'm still learning. The more knowledgeable members of the boards will know that answer.

[LUEser]

Unless you're in Texas, where they have to respond in 30 days, then by not providing validation, they haven't done anything wrong, as long as they don't keep up the collection activity.

Good luck speaking with someone working at LVNV, the number they leave is for Resurgent Capital Services. Resurgent farms the debt out to the octopus network of CAs they have around the country, and the first time you DV one, the next one comes popping out of the water with a new tentacle.

I have a theory though, and I'm going to test it soon. I'm going to Sue LVNV, as well as Resurgent, and all the CAs they passed it to before it finally settled with WW&R, stating that since LVNV is the owner of the account, and ultimately has the decision making authority over how the account is serviced, by them failing to provide validation, each collection agency they assigned afterward is liable for their negligence. And of course I have an extra special little piece of legal theory for WW&R regarding state exemptions for attorneys-at-law. This is going to be interesting to say the least.

As far as the credit reporting goes. In order for LVNV to keep reporting, LVNV has to respond to the VoD letter. Not Resurgent, since resurgent isn't reporting they're just servicing. FCRA violations, even if they're reporting it as disputed as mandated by the FDCPA, and FDCPA violations for continued collection activity.

[mssuzieq]

Ok I just found this thread and I just got another dun letter from a MRS Associates. This letter states that the CURRENT owner of the debt is LVNV with the ORIGINAL as Credit One. There is a second sheet, a privacy notice. In this notice there is a listing of 19+ company names that are associated with this Sherman Companies. Isn't this MRS Associates ALSO a division of LVNV? If so, how can they legally state they were retained by LVNV for collection of this debt? It states in here that interest is continuing to accrue "as provided for in your agreement with the original creditor".

Now how can LVNV / MRS continue to charge me interest for a debt that I did not accrue with them? Credit One has already charged off on the debt and now sold it. I would think that therefore I cannot owe interest on a debt they (Credit One) doesn't own? It doesn't make sense to me.

They will be getting the C&D letter sent to them tomorrow.. Along with a Midland collections? Anyone got any info on them?

[LUEser]

Retained is probably too strong a word. Even if they are under common ownership, you'd be getting into an area of law trying to pierce the corporate veil that is well above anything you want to get into a fight with them in court about.

As far as the "retention" goes, it's common to have separate entities using different books for liability and monetary reasons. LVNV (essentially a shell, holding company) contracts the accounts out to Resurgent (a separate business entity who happens to share LVNVs physical address) who in turn contracts out the account to their web of collectors and "law firms."

It's legal for them to do this because they technically are different business entities, even if they do share common ownership or corporate control. (I plan on challenging this in an upcoming arbitration matter with as many of them who were involved, however).

One thing I can tell you though, is that they don't like to fight, and bank on the default. Show some resistance, and you'll very likely find them leaving you alone. Be enough of a headache, and they'll drop off your CR soon enough (an ITS can be a beautiful thing).

As for the interest, if state law allows it, they can charge it. They have stepped into the shoes of the original creditor and have the same rights as the original creditor. If the matter goes to court, that's the exact thing we attack. Their ability to prove standing as the new creditor. Prior to the courtroom, they can claim interest all they want. When in the courtroom, they have to prove not only that they can claim it, but that they can claim rights to the debt, too. And they have to show that the interest they are claiming is correct and legal under state law or the governing state law of the contract. If they're misrepresenting the amount of the debt, you may have FDCPA violations, but BUT, you would have to be able to prove this as well.

At this point, you're not in the litigation stage, so keep disputing with VoD to the CAs, send one directly to LVNV (Expect a response from Resurgent, which in my opinion in and of itself, since LVNV is the one holding itself out as the creditor, you would think you would be able to speak directly with the creditor and not with it's servicer). And keep 611 disputes going with the CRAs and 623 disputes to LVNV. Nearly guaranteed, if you throw enough rocks hard enough at them, they WILL delete.

[southbel]

My very first job out of the Marine Corps was working for Resurgent Capital Services (had no idea what they were when I accepted job!). I was with the company at startup when there were just five employees. They hired me to be their DBA for their database system. As an FYI, I quit not too long after b/c this is a bad bad company (shorted checks, forced overtime w/o pay, etc) but it did give me the motivation to go back to college!

Anyway, Resurgent was started by two executives (Tim Grant is president) that came from HomeGold that got out right before the indictments were handed down(other HomeGold execs just got out of prison recently). To get the startup capital, they got funds from Sherman Financial, which is then an "investor" in the company. After a few months, they got another "investor", Alegis Group.

Their bread and butter starting out was to buy bankruptcy records and try to collect and see if anyone was naive enough to pay. They did, by the way - how terrible! Seriously, they had no ethics and KNEW this was against the law and just played the odds. They were desperate to start debt collection and were trying to break into that business. They created a new company, with the same employees, location, and database called LVNV for the sole purpose of buying debts.

A couple of things to note on them. The way the database was built, they would choose which company to send out the automated letters from with drop down boxes. Additionally, I've seen the data files they've received when they get the debts. None have any information besides name of creditor, amount, some date (sometimes date opened, sometimes date charged off), and the amount Resurgent paid for the debt. They used this so the collectors would know to get x% of "profit". They used to have meetings on that.

Other things I noticed. Whenever a debtor mentioned their lawyer, etc, they kinda freaked out and would bring it to the VP. He would have me place that account into a dropped status in the database. They seemed to be very wary of any lawyers or legal action but it's been quite a few years since I endured, I mean worked, there so maybe they've gotten bolder.

Their physical location is in the Wachovia building on Main Street in downtown Greenville on the sixth floor but they used several PO boxes to make it appear the letters and payments were going to different companies/locations.

Can easily say that was the SINGLE worst job I had in my entire life and this is a company that is run and ran with totally unethical people. I saw it again and again.

[ink]

Sorry but I find all this info ok... However "LVNV" is still out there and this is the most recent post???? What's the word on anyones cause/Case? OR, after we win/lose we quit the info updates???

Edited September 29, 2010 by ink
Spelling

[ink]

LVNV was just beat on a writ of garnishment (third party type). Violation of Florida Statute for Exemption. Question is nothing states this on record just that "Order Dissolving Writ of Garnishment" and that defendant was under oath and the court Ordered and Adjudged. Now comes the burden of proof...

1. How does any one collect enough data to show cause that LVNV does practice Harmfull and Negligance in its matter of collection?

2. Why has nothing/anyone attempted prosecution?

[insomniac]

Sorry but I find all this info ok... However "LVNV" is still out there and this is the most recent post???? What's the word on anyones cause/Case? OR, after we win/lose we quit the info updates???

What I think often happens is LVNV will pay plaintiffs a pretty good sum to settle out of court and sign a non-disclosure agreement. I know that if they paid me several grand to shut up and go away, I'd do it. Everybody has their price.

[ping]

My very first job out of the Marine Corps was working for Resurgent Capital Services (had no idea what they were when I accepted job!). I was with the company at startup when there were just five employees. They hired me to be their DBA for their database system. As an FYI, I quit not too long after b/c this is a bad bad company (shorted checks, forced overtime w/o pay, etc) but it did give me the motivation to go back to college!

Anyway, Resurgent was started by two executives (Tim Grant is president) that came from HomeGold that got out right before the indictments were handed down(other HomeGold execs just got out of prison recently). To get the startup capital, they got funds from Sherman Financial, which is then an "investor" in the company. After a few months, they got another "investor", Alegis Group.

Their bread and butter starting out was to buy bankruptcy records and try to collect and see if anyone was naive enough to pay. They did, by the way - how terrible! Seriously, they had no ethics and KNEW this was against the law and just played the odds. They were desperate to start debt collection and were trying to break into that business. They created a new company, with the same employees, location, and database called LVNV for the sole purpose of buying debts.

A couple of things to note on them. The way the database was built, they would choose which company to send out the automated letters from with drop down boxes. Additionally, I've seen the data files they've received when they get the debts. None have any information besides name of creditor, amount, some date (sometimes date opened, sometimes date charged off), and the amount Resurgent paid for the debt. They used this so the collectors would know to get x% of "profit". They used to have meetings on that.

Other things I noticed. Whenever a debtor mentioned their lawyer, etc, they kinda freaked out and would bring it to the VP. He would have me place that account into a dropped status in the database. They seemed to be very wary of any lawyers or legal action but it's been quite a few years since I endured, I mean worked, there so maybe they've gotten bolder.

Their physical location is in the Wachovia building on Main Street in downtown Greenville on the sixth floor but they used several PO boxes to make it appear the letters and payments were going to different companies/locations.

Can easily say that was the SINGLE worst job I had in my entire life and this is a company that is run and ran with totally unethical people. I saw it again and again.

they are still very wary of legal action - but they have better lines of BS and a compliance officer nowadays.

a well written ITS with a list of FDCPA and FCRA violations with case cites to back it up will usually make them fold.

A half baked cut and paste DV letter will not.

they will however, just sell off to another JDB

right now, Resurgent gives out their address as greenville

but LVNV funding is listed as

200 meeting street

suite 206

Charlston, SC.

whichis the same address as

sherman capital markets

and the managers of LVNV Funding are the same managers for

Sherman financial Group

you can find this all on a Business search on the nevada SOS website.

NV SOS website always gives out the address & name of the managers of the corp. free of charge.

[sanders]

I have a debt to resurgent on my CR, that i am also payn(or there taking it out of my account) So i called them yesterday and they told me that they sold it in May of 2010 to another collection agency, and that they cant tell me anything about it, but they are still drafting and sending me bills for the payments, and the new company is sending me bills. Im in Iraq and cant really do much OR can I Please i need help

[normapomero]

I started reading in this forum and research and learn FDCPA and the FCRA and I have learned a lot of information.