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

[check]

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

Close the account that they are taking the money from and open another account but don't give them any info on the new account. If you pay then do it with cashiers check or money order. Second if you did not verify the debt you may try to dispute the debt and request validation from both the companies that are sending you demand letters. You may find that they are just junk debt buyers and really have no supporting documentation.

Lastly if the debt was accrued before you got called to active duty or before enlistment then you can use Soldiers and Sailors Act to stop any law suits and get the interest rate down to 6% while you deployed. Start with talking to JAG.

Good luck.

[TDuncan1975]

I'm having the same fun with LVNV and Credit One Bank. Received dunning letter from Mercantile Adjustment Bureau, LLC and decided to pull my reports. TU shows Credit One balance at 591, sold to another lender with a date of removal as 11/2015. LVNV shows balance at 787, with a date of removal of 11/2015. DV'd them before, usually no response. DV the CA they send after me, they fold and send it back to LVNV. Dispute it with the CRA's, account remains. Any fresh ideas?

[spongefest]

Been fighting with LVNV regarding an old SEARS card.

Would like to know if they are in violation:

1- They fail to miradize me on the phone ("This is an attempt to collect a debt...")

2- They stated this was charged off Dec of 2008, when last payment was Nov. of 2007

3-Consistenty report different amounts:

July 08 $5666.22

Aug 08 $6031.54

Nov 08 $6417.56

Jun 09 $6872.30

Jun 10 $7240.63

Jan 11 $6860.25

TU report states balance $6880 high balance $6859 estimated removed 11/2014

EX report states balance $6880 high blance N/A estimated removed 9/2014

The rep is pushing hard for a settlement of 45-50% reduced, and my response was 50% of which balance. I asked why it keeps changing? He said because of accuring interest. I asked why it was lowered he said, "Well it is lower what do you care why!" UUUmmm because you cant pick a number from the sky! I asked again why the balance kept changing - He got really nasty and transfered me to a "supervisor". Supervisor stated that the balanced may have changed from making payments, I informed him that I had NOT made any payments. He stated that "I do not have access to your direct account to see if payments are made or not." WHAT?!?! That LVNV JDB only has access to this not FRS the CA.

I then asked how do you know if this amount is correct? He stated "I dont".

Please someone tell me this is a violation, and if so, which one(s). No suits filed as of yet, but getting prepared in case it does happen.

[Hal Jordan]

1: Ask you to pay interest, fees, or expenses that are not allowed by law. The collector can't add on any extra fees that your original credit or loan agreement doesn't allow. [15 USC 1692f] § 808(1)

If they can't give you a credible dollar amount it is reasonable to assume they are attempting to collect too much or charging you more than your original contract allows. You need to dispute and get a detailed account of how they arrived at the dollar amount they did. You are entitled to this by law. An accounting as to how the debt was arrived at including interest, collection fees etc.

2: § 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.” (that one would be tough to prove unless you have it recorded) You could make a sworn statement saying they didn't but they (the CA) will more than likely just make a sworn statement saying they did.

You didn't let us know if you received a dunning letter or a notice about collection in the mail and whether or not you disputed it. If so these may apply

30 Day Validation Notice

§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

§ 1692 g(a)(1) Must state Amount of Debt

§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed

§ 1692 g(a)(3) Must state Right to Dispute within 30 Days

§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer

§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor

§ 1692 g( Collector must cease collection efforts until debt is validated

The more violations you have the better your chance of having a judge rule in your favor.

Something to note (which I just found out) It's not $1000 per violation. It's $1000 per suit so if you have 50 violations you'll only get $1000 + court costs. HOWEVER, if you can get an attorney to take your case you can add in attorney fees too. Which will probably amount to a whole lot more than $1000.

Try and see if you can find an attorney who will hear you out on your allegation and see if they will take your case based on they charge no fee to you unless you win and then to have that fee included in the judgement.

Edited April 7, 2011 by Hal Jordan

[Flipper]

If they initiated collection activity prior to 8/28/2008, the debt to them is VOID...

According to Trice, LVNV obtained a license to act as

a collection agency on August 28, 2008 in IL.....

more about the ruling here:

excerpt from the IL Appellate Court reversal of the original judgement:

"OPINION

When an unregistered collection agency obtains a judgment against a debtor, does the lack

of a license make the judgment void, or merely voidable? The trial court here said it made the

judgment merely voidable, so that the debtor’s failure to raise the issue before entry of the final

judgment left him with no recourse. We disagree. We find that our legislature’s criminalization of

an unregistered collection agency’s collection of a debt establishes an intent to void any judgment

entered in favor of an unregistered collection agency. Accordingly, we reverse and remand."

Oh, and PS? Here's a nice little passage in the Collection Agency Act in the State of Illinois:

Section 1210.260 Unprofessional Conduct

a) The Division may suspend or revoke a license, refuse to issue or renew a license

or take other disciplinary action based upon its finding of dishonorable, unethical

or unprofessional conduct within the meaning of Section 9(a)(31) of the Act,

which is interpreted to include, but is not limited to, the following acts or

practices:

1) Doing business under a designation or business name or identification that

misleads creditors, consumers or the general public to believe that it is an

entity other than a collection agency;

hmmm, would listing oneself as a FACTORING COMPANY possibly be construed as misleading? HMMMMM?

and MORE interesting info for my fellow Illinoisans:

The Division has determined that a reasonable collection fee under an

agreement between the debtor and the creditor shall not exceed 29% of the

principal balance.

So the principal balance with Credit One was $250 (without any verification to go on other than my CR)...LVNV is reporting $510...now, 29% of $250 gives LVNV the right to adjust the balance to $322.50...again, they are reporting $510...I'm thinking it's time for a formal complaint with the ILDPR based on the facts that they are listing themselves as a Factoring Company (they are an effin' collection agency!) and reporting debt that far exceeds the legal maximum in the State of Illinois.

Am I on the right track?

Edited July 9, 2011 by Flipper

[BV80]

If they initiated collection activity prior to 8/28/2008, the debt to them is VOID...

According to Trice, LVNV obtained a license to act as

a collection agency on August 28, 2008 in IL.....

more about the ruling here:

excerpt from the IL Appellate Court reversal of the original judgement:

"OPINION

When an unregistered collection agency obtains a judgment against a debtor, does the lack

of a license make the judgment void, or merely voidable? The trial court here said it made the

judgment merely voidable, so that the debtor’s failure to raise the issue before entry of the final

judgment left him with no recourse. We disagree. We find that our legislature’s criminalization of

an unregistered collection agency’s collection of a debt establishes an intent to void any judgment

entered in favor of an unregistered collection agency. Accordingly, we reverse and remand."

Oh, and PS? Here's a nice little passage in the Collection Agency Act in the State of Illinois:

Section 1210.260 Unprofessional Conduct

a) The Division may suspend or revoke a license, refuse to issue or renew a license

or take other disciplinary action based upon its finding of dishonorable, unethical

or unprofessional conduct within the meaning of Section 9(a)(31) of the Act,

which is interpreted to include, but is not limited to, the following acts or

practices:

1) Doing business under a designation or business name or identification that

misleads creditors, consumers or the general public to believe that it is an

entity other than a collection agency;

hmmm, would listing oneself as a FACTORING COMPANY possibly be construed as misleading? HMMMMM?

and MORE interesting info for my fellow Illinoisans:

The Division has determined that a reasonable collection fee under an

agreement between the debtor and the creditor shall not exceed 29% of the

principal balance.

So the principal balance with Credit One was $250 (without any verification to go on other than my CR)...LVNV is reporting $510...now, 29% of $250 gives LVNV the right to adjust the balance to $322.50...again, they are reporting $510...I'm thinking it's time for a formal complaint with the ILDPR based on the facts that they are listing themselves as a Factoring Company (they are an effin' collection agency!) and reporting debt that far exceeds the legal maximum in the State of Illinois.

Am I on the right track?

You stated "If they initiated collection activity prior to 8/28/2008, the debt to them is VOID..."

The opinion you cited stated a judgment obtained prior to a obtaining a license would be void. It doesn't say anything about attempting to collect.

You should contact your state's dept. of consumer affairs. Ask if a CA or JDB can begin collection activity before obtaining a license. If a CA or JDB cannot legally do so, see if the department can send you anything in writing or reference the applicable statute. That would be a good thing to have in writing for future use, if necessary.

"hmmm, would listing oneself as a FACTORING COMPANY possibly be construed as misleading? HMMMMM?

The majority, if not all, of the debts purchased by a factoring company are NOT defaulted debts. If the majority of the debts purchased by a JDB ARE defaulted, they are not a factoring company.

Misleading? I don't know. I'm thinking the majority of people in our country have never heard of a factoring company, so I'm not sure if that would be considered "misleading". However, it could possibly be considered inaccurate if the majority of the debts purchased by a JDB are defaulted debts. In that case, they would not be a factoring company.

In any case, you've found some valuable information for the residents of your state. Good job!

[Flipper]

You stated "If they initiated collection activity prior to 8/28/2008, the debt to them is VOID..."

The opinion you cited stated a judgment obtained prior to a obtaining a license would be void. It doesn't say anything about attempting to collect.

You should contact your state's dept. of consumer affairs. Ask if a CA or JDB can begin collection activity before obtaining a license. If a CA or JDB cannot legally do so, see if the department can send you anything in writing or reference the applicable statute. That would be a good thing to have in writing for future use, if necessary.

The majority, if not all, of the debts purchased by a factoring company are NOT defaulted debts. If the majority of the debts purchased by a JDB ARE defaulted, they are not a factoring company.

Misleading? I don't know. I'm thinking the majority of people in our country have never heard of a factoring company, so I'm not sure if that would be considered "misleading". However, it could possibly be considered inaccurate if the majority of the debts purchased by a JDB are defaulted debts. In that case, they would not be a factoring company.

In any case, you've found some valuable information for the residents of your state. Good job!

Thanks for the clarification above of the Trice verdict. LVNV, Northland Group & Resurgent are all licensed in the State of IL under the professional category of "Collection Agency"...not one has "factoring company" showing and they applied for the license using collection agency as their line of business.

I am licensed in IL as an Insurance Producer by the same agency that licenses the aforementioned scumbags...the rules are clear...you cannot advise on any line of coverage other than what you are authorized to by virtue of your licensed specialty...in my case, my lines of authority are Life and Health and I can't advise on other lines, such as property/casualty without the appropriate license. This is where I think I've got them, along with their other generally shady behavior.

I plan to sue them, just because they are such scum. I've emailed an NACA attorney here in Chicago and we'll see what response that yields.

[spongefest]

I requested an audit of how they derived at this figure I allegedly owe them, transferred to the supervisor; who hung up on me as I persistently asked him how he got that figure (extremely pleasant). I now however I can not get them to call ME back :ROFLMAO2:

[Jreed]

Does anyone have a current address for LVNV? Everything here is a little stale. I need a physical address as I intend to sue them.

Thanks

[1stStep]

Here you go..

LVNV FUNDING LLC

200 MEETING STREET ST 206

CHARLESTON, SC 29401

The 3 managers are:

SCOTT SILVER

LESLIE GUTIERRE

KEVIN BRANIGAN

[Jreed]

Here you go..

LVNV FUNDING LLC

200 MEETING STREET ST 206

CHARLESTON, SC 29401

The 3 managers are:

SCOTT SILVER

LESLIE GUTIERRE

KEVIN BRANIGAN

Thank you!!

I suspect an ITS letter with the complaint attached sent directly to these three will have more of an impact than a letter sent to the PO Box.

[BV80]

Thank you!!

I suspect an ITS letter with the complaint attached sent directly to these three will have more of an impact than a letter sent to the PO Box.

Keep us updated no matter what happens. Any information is helpful to all who post here.

[BV80]

Thank you!!

I suspect an ITS letter with the complaint attached sent directly to these three will have more of an impact than a letter sent to the PO Box.

Keep us updated no matter what happens. Any information is helpful to all who come to this site for advice and research. It's also helpful to those of us who've been here a while.

[Jreed]

Will do.

I'm in a bit of a unique situation being from Wisconsin. We have very strong consumer protection laws, stronger than FDCPA. Plus we are one of two states with a statute of Repose.

Repose happens to be what these guys violated...and as I have the violations on their letterhead it will be pretty tough for them to dispute. I'll be sending everything out tomorrow.

I doubt I'll hear anything until after I actually file the complaint later in December. I've never gotten a response from an ITS letter.

[Marz]

Here you go..

LVNV FUNDING LLC

200 MEETING STREET ST 206

CHARLESTON, SC 29401

The 3 managers are:

SCOTT SILVER

LESLIE GUTIERRE

KEVIN BRANIGAN

Here's a question. If you're DV'ing this, would you address the letter above or to the PO BOX thats listed on the CR??

[newlifewcc]

While I long ago (2-3 years) managed to get all collection accounts off my credit report, I still have the infamous LVNV group of companies contacting me. I was probably under their radar when I wasn't using credit of any kind. Now that I have reestablished credit, they are able to find me again.

They just sent me an "attorney letter" from NH. I received and DV'd one in October 2011 from another "law firm" in MN. They've called me but never left messages or even responded to me when I answered their call.

Anyone know how the SOL applies when you move to a different state? While I now live in RI (15 yrs for an open account), this account was opened and last active in 2004 when I lived in MA (6 years for open account).

Thanks for any feedback.

[nobk4me]

LVNV showed up on my credit report again.

They did have two old Sears accounts. They are no longer reporting them. I don't know if they have been sold to other JDBs, or if LVNV still owns them.

The latest LVNV reporting is for a new account, apparently purchased from another JDB, last fall.

They have not attempted to collect on this new account, that I am aware of. No letters or phone calls.

I did DV all collection efforts on the old Sears accounts.

What concerns me is, do they buy up a lot of accounts and then sue you for all of them?

[chaoticgrl81]

I just pulled my CR from Equifax and saw these little trolls placed an account from 2006 as a collection account. I never received any letters from them about this debt. It's a zombie debt and they will be receiving a nice letter from me in a few days.

[Marz]

It's my suspicion that the reason they're appearing now is that they know tax season is underway.

[one.last.time]

LVNV is listed on 2 of my credit reports.

OC is SPRINT.

I never had sprint account. My hubby did until about 2005/2006. Had issues with billing. I actually found my notes reguarding phone conversatations with them from then. Called sprint last night, they do not have listing on my credit report and found nothing using my social #. Finally lost connection with CSR, think they were tired of talking with me!

** Q1**Should I NOW send another letter to LVNV? I have not received a letter from them before or after they started reporting.

CRA verified??

**Q2** Send another dispute to CRA? Requesting MOV? I did in my first letter but maybe I should in a seperate letter?

Actually, I think this looks like a new account on my part and that sux! O yes, The only way my name could be associated with this account would be thru conversation or maybe used my credit card to make payment in past. (b4 2006) Either way it's past SOL and I would like for it to dissapear.

Thanks in advance for ANY SUGGESTIONS..

TU has this listing

LVNV FUNDING LLC #XXXX

PO BOX 10497

GREENVILLE, SC 29603

(866) 464-1183

Balance:$419 **up from 416.00 in Jan. 2012

Date Updated:01/23/2012

High Balance:$409

Original Creditor:SPRINT (Financial)

Past Due: $419

Pay Status: >In Collection<

Account Type:Open Account

Responsibility:Individual Account

Date Opened:08/30/2011 (UMMM?)

Loan Type: FACTORING COMPANY ACCOUNT

Remark: ACCT INFO DISPUTED BY CONSUMR

Estimated month and year that this item will be removed: 09/2012

Experian listed about the same except

Type is INSTALLMENT and RECENT BALANCE $415 as of Nov.2011

Stays On record til 7-2012

[Marz]

LVNV is listed on 2 of my credit reports.

OC is SPRINT.

I never had sprint account. My hubby did until about 2005/2006. Had issues with billing. I actually found my notes reguarding phone conversatations with them from then. Called sprint last night, they do not have listing on my credit report and found nothing using my social #. Finally lost connection with CSR, think they were tired of talking with me!

** Q1**Should I NOW send another letter to LVNV? I have not received a letter from them before or after they started reporting.

CRA verified??

**Q2** Send another dispute to CRA? Requesting MOV? I did in my first letter but maybe I should in a seperate letter?

Actually, I think this looks like a new account on my part and that sux! O yes, The only way my name could be associated with this account would be thru conversation or maybe used my credit card to make payment in past. (b4 2006) Either way it's past SOL and I would like for it to dissapear.

Thanks in advance for ANY SUGGESTIONS..

TU has this listing

LVNV FUNDING LLC #XXXX

PO BOX 10497

GREENVILLE, SC 29603

(866) 464-1183

Balance:$419 **up from 416.00 in Jan. 2012

Date Updated:01/23/2012

High Balance:$409

Original Creditor:SPRINT (Financial)

Past Due: $419

Pay Status: >In Collection<

Account Type:Open Account

Responsibility:Individual Account

Date Opened:08/30/2011 (UMMM?)

Loan Type: FACTORING COMPANY ACCOUNT

Remark: ACCT INFO DISPUTED BY CONSUMR

Estimated month and year that this item will be removed: 09/2012

Experian listed about the same except

Type is INSTALLMENT and RECENT BALANCE $415 as of Nov.2011

Stays On record til 7-2012

First, definitely DV this. Next, check all your credit reports to not only see if the tradeline exist on them all but also the area where it states.. "Inquiries that do NOT affect your score"

See if there are any inquiries from them or ones you don't recognize or ones from their shill/partner companies. I'm willing to bet there is..

[Cliff2009]

LVNV has been on my CR since 3/2009 for an allegedCap 1 debt they purchased. Recently I received a letter and calls from Monarch Recovery Management, Inc. out of Philadelphia, PA.

They state that "This is to advise you that your account has been transfered to our office for collection. The creditor for this account is LVNV Funding LLC."

They go on to offer a reduce payoff and the 30 day notice.

I DV'd them recently. Not sure if they are related to LVNV or not.

[one.last.time]

Thanks for the reply.

Hi Marz

First, definitely DV this. *Writing my DV letter tonight*

*Not listed as inquiry on any Credit Report*

OC (sprint) does not have an entry either. Let's see if LVNV replies.

Will keep my post updated.

[LOURDES305]

Has anyone actually paid LVNV?!?! What was your outcome? HELP PLEASE!!!

[1stStep]

LVNV paid me!!