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

[Marz]

Relax, unless you've been served.

No I haven't paid. But why are you pressed if I may ask? Are they threatening to serve you? Have they called you repeatedly?? Please provide more details..

[Marz]

1st step, can you edit your post. Don't want you to put yourself on blast if you know what I mean..

Good job though

[LOURDES305]

I saw in the paper that this attorney was trying to get everyone’s money back who paid LVNV. He helped me with a legal issue with a debt collector and didn’t charge me anything.

[Imadashell]

I saw in the paper that this attorney was trying to get everyone’s money back who paid LVNV. He helped me with a legal issue with a debt collector and didn’t charge me anything.

I'm in Indiana. Is this currently underway? And for those whom have had judjements placed against them?

[Yggdrasil]

Allow me to add my own horror story. I'm still in the process of dealing with it. Any advice you guys can give me would be greatly appreciated!

In 2006 I closed out a Bank of America Checking account without knowing that they had opened up a credit account in my name as part of an "Overdraft Protection Program" that I never signed up for and was not aware that they had made. This Credit account had received a $200.00 balance that I was unaware of just as I was unaware that the credit account existed in the first place.

In the 6 years since the date that I closed out my account with them (and subsequently did not close out the Credit account) I have not received a single Letter, email or Phone call informing me that I owed the bank any money beyond what I had paid them to close the checking account.

Over the past 3 months I and my girlfriend have been attempting to buy a home and I had applied for a bank loan to cover the difference in what we could not afford. My original credit check came back without any problems and I was approved. Just the other day my credit was run a second time to assure that I was still within the reasonable scope of credit. This second report came back from all 3 bureaus as an average of 60 points less than the original report from 3 months ago. This put me below the range needed for my home loan and I was forced to walk away from the sale on the day of the closing. As a result I lost my insurance down payment, inspection cost and deposit as well as attorney fees.

After this all happened I did some research into why this happened to me and here is what I came up with:

Bank of America failed to send me any information regarding the debt and I ended up defaulting on it in 2007. Since then, my file has been passed around through god knows how many collection agencies until it landed in the lap of one LVNV (aka: Resurgent) who is currently handling it. None of those companies have informed me of their possession of my debt and it has somehow morphed into a $900.00 grand total.

The reason that my credit score dropped by 60 points (from what I can tell) is because they moved the Date of Last Activity on my account from 2007 to February of 2012. I'm told that this is called Re-Aging of an account and that it's incredibly illegal.

I also researched the Fair Credit Reporting Act to find that in Section 623, Subsection A, Section 5 it states that the Date of Last Activity can only be 1 of 2 things:

1) The date that I last made a payment on the account

- That would be in 2006 when I closed out my dealings with Bank of America

or

2) 90 days from the date the account first went into default

- That would be some time in mid 2007

The fact that their company re-aged my account to a new Date of Last Activity makes it look like I've recently made a payment when in fact, until this issue surfaced... I was unaware I even owed a penny to anyone... FOR ANYTHING!

I've tried to call their offices to get them to come to an agreement to delete my accounts with them completely so as to remove any and all negative credit effects on my report. I further told them that I am not agreeing to pay any debt that I owe them until that can be agreed upon in writing. Should the accounts be removed from my file and my credit restored, I would have no problem with coming to an agreement to pay them for what they claim I owe.

They responded to me by saying that they do not have the capacity to make such changes and that they only legitimately report on the activity as they see it. I know this to be false because it's well known that many other Debt Collection Companies have done the same thing to others and subsequently been taken to court over it.

Yesterday, I went to Lynn Courthouse to file a small claims suit against them seeking damages for their willful changing of my DOLA as it appears in all 3 Credit Reporting Bureaus. I further claimed for my losses in the form of the money lost when I had to walk away from my home purchase.

I feel like I'm making the right steps but I still feel petrified that I'm going to walk myself into some kind of legal loophole that will end badly for me.

I have no problem paying the money I owe, although I don't feel I should owe more than the original $200.00 that Bank of America failed to inform me of in the first place. I just want my credit cleaned back up so that I can buy my house. I don't want to end up like others I've read about who have paid the debt and gotten stuck with their credit score's new adjusted value. At this rate I fear it will take me forever to be able to take out a loan to get my own house.

Steps taken so far:

I've contacted all 3 credit bureaus and filed dispute with them over the DOLA, filed a complaint with the FCC, the FTC, the BBB in both MA and SC as well as the Massachusetts Office of the Attorney General.

Also... I've field a small claims suit against LVNV for damages and losses as a result of their actions.

Any other advice? Or is it just a waiting game for me at this point?

[AmyBlueClue]

You should really read the findings of the Maryland Office of the Commissioner of Financial Regulation in case number DFR-FY2012-012. It is about 40 pages but it goes into detail on how exactly LVNV Funding LLC (and other Sherman owned companies) do business. I have read it several times. The most interesting stuff starts about half way through the case document. You can read or download the case document in PDF format from the State Of Maryland web site. I am new here so they will not allow me to post any links yet but just go to Google and search on "Maryland DFR-FY2012-012" or "LVNV DFR-FY2012-012" and you will find it.

[electrorazr]

Hello all I am from Indiana. About a year ago now I started getting letters in the mail saying I owed LVNV money, they stated they acquired it via Capital One. One of them offered a settlement of 60% I called them and offered a counter settlement of 40% and they declined. After that I was served by a deputy at my home with papers showing that LVNV was suing me, via Weltman, Weunberg, and Ries out of Cincinatti, Ohio.

From the date(06/11) I recieved the court papers it stated that I had 23 days to respond to them, not the 30 days that the FDCPA would allow me. Anyhow, my answer to the papers was as follows: I am requesting that the Plaintiff provide me with what I purchased, what the purchase amounts were of said purchases, what the purchase dates were of said purchases, and an original contract with my signature on it. I sent this to them via the County Court within the 23 days that I was given. I never received a reply to my request. However, within the last few months I received a Motion for Summary Judgement from them(NOT SIGNED BY THE JUDGE BECAUSE WE HAVE NOT MET IN COURT, and this was verified by myself with the clerk in person so I seen that the judge had not signed it in their file either), as well as, I received from the lawyer a Motion to Set Hearing requesting the court to set a hearing date.

Do I have legal rights to ask that the court case be thrown out due to their lack of response to my request. Their lack of response seems to me as an answer of we would supply that but we don't have it.

Some addition info and questions would be... Capital One shows this account as a charge off account, yet they claim to have sold it to Sherman Originator, LLC. Well if they charged it off does the FTC say anything that they should show that the account has been paid or how should that part be handled?

As well as, If Sherman Originator, LLC. has purchased my debt from Capital One... then why is LVNV Funding, LLC suing me for the money or trying to collect the money? I understand they are the same company or owned by the same group, but my argument is that LVNV Funding is as far as legally a different company than Sherman Originator. However, in the court documents I received with the lawsuit, Tobie Griffin from Resurgent Capital signed an affidavit claiming knowledge of the account, blah blah. So lets count that is 1>Sherman Originator, 2> LVNV Funding, 3> Weltman, Weinberg, and Ries, and 4> Resurgent Capital... making 4 companies involved in this.

Is this illegal that the affidavit claims that the Plaintiff acquired the debt from Capital One. The plaintiff is LVNV Funding... yet the original debt was acquired by Sherman Originator. So would that mean that Sherman Originator technically traded the debt to LVNV Funding... I don't know the grounds but I read somewhere recently debt trading is illegal?

Any advice would be greatly appreciated. Thank you in advance.

[1stStep]

You were sued by LVNV - you probably did not file an answer with the court, and they filed for summary judgment due to your non-response.

LVNV and Sherman are sister companies that buy bad debt...

Debt trading is perfectly legal - this case was soooo beatable, but you failed to answer and will probably lose - the judge will grant summary judgment.

I should know - I sued LVNV and cost them $80k in legal fees for this same foolishness.

[electrorazr]

You were sued by LVNV - you probably did not file an answer with the court, and they filed for summary judgment due to your non-response.

LVNV and Sherman are sister companies that buy bad debt...

Debt trading is perfectly legal - this case was soooo beatable, but you failed to answer and will probably lose - the judge will grant summary judgment.

I should know - I sued LVNV and cost them $80k in legal fees for this same foolishness.

I did in fact reply to them in court, I do in fact know the summary judgment is not signed because I went and looked at the case file myself.

I do have a MOTION TO SET HEARING... that states this. 1.) Plaintiff filed its complaint on June 16, 2011 and the Defendant Filed his answer on July 5, 2011.

The affidavit claims that Tobie Griffin from Resurgent Capital claims to be the witness of the debt, yet Mr. Griffin does not work for Capital One, so how can he have any knowledge of the implied debt?

Edited April 24, 2012 by electrorazr

[1stStep]

The affidavit is hearsay - you will need to file a motion to have the affidavit precluded.

[Public Enemy]

I think you will get more responses if you start a new thread about your situation.

Anyhow, my answer to the papers was as follows:

I am requesting that the Plaintiff provide me with what I purchased, what the purchase amounts were of said purchases, what the purchase dates were of said purchases, and an original contract with my signature on it. I sent this to them via the County Court within the 23 days that I was given.

I am just learning about this stuff myself but that may not be considered a proper answer even though it was submitted in time.

Start a new thread and someone can help you oppose their motion for summary judgement.

[chucksgal]

I'm just beginning with LVNV. I've already disputed the debt with the CRAs and it was supposedly verified. Monday morning, I have letters going out to all 3 CRAs requesting validation. I have a few other things like older items that should have come off my reports awhile back. I may have made an error (before I found this website) in calling LVNV to request validation of the debt and the "gentleman" who answered the phone (finally after several days of trying to get someone to answer) wouldn't answer any questions until after I gave him my phone number, address, and new last name. When I asked for validation of the debt, I was told he doesn't have to give me ANY information because they are only a collection agency and don't have any of that information.

Did I make a mistake in calling LVNV? Have I unknowingly triggered a review of their account of my alleged debt? What can I expect next?

Would appreciate any information anyone can give me.

Edited June 3, 2012 by chucksgal
removed redundant sentence

[callofduty]

I'm just beginning with LVNV. I've already disputed the debt with the CRAs and it was supposedly verified. Monday morning, I have letters going out to all 3 CRAs requesting validation. I have a few other things like older items that should have come off my reports awhile back. I may have made an error (before I found this website) in calling LVNV to request validation of the debt and the "gentleman" who answered the phone (finally after several days of trying to get someone to answer) wouldn't answer any questions until after I gave him my phone number, address, and new last name. When I asked for validation of the debt, I was told he doesn't have to give me ANY information because they are only a collection agency and don't have any of that information.

Did I make a mistake in calling LVNV? Have I unknowingly triggered a review of their account of my alleged debt? What can I expect next?

Would appreciate any information anyone can give me.

You should not give these scumbags all personal contact details. Now, they have your info, they will send that info to their collection agency firms to start hounding on you.

It looks like you need to send the scumbags the CD letter to stop them from calling you, and insist on communication via mail.

[Marz]

My suggestion is to build your paper trail and start looking into suing these ________. They're NOT going to comply and delete willingly.

I have a question to the group.

If LVNV has not validated a debt but is listing it on your CR and has verified it combined with their "partner agencies" (Resurgent) having not validated question regarding the violations.

I know that would be a violation per each credit report they're reporting that they verified. But is there a violation for Resurgent also?? IF so can anyone cite the violation??

[suzyk]

I filed a complaint with BBB against LVNV Funding as they are on my credit report and I have requested validaton and never received it. Their repsonse to BBB was that it was mailed on 4/8/2009. I have never received anything from them so is it my word against theirs. They must have received my request as I have a line in credit report that state "account disputed by consumer". I am trying to secure student loans for college for my son and am unable due to this.

[Marz]

Please don't take my remarks as being snide or curt.

They could careless if you were needed a kidney to save your life and you needed credit (somehow) for it.

Also, while it's good to file a complaint, nothing much will come out of it. If they haven't validated what they're reporting. Actually a question. Have you disputed this with all the CRA's reporting?

If not, dispute. Then learn how to sue or find a NACA attorney in your area that would take your case. This site has excellent resources fyi.

Good luck.

[MisterLoon]

In my experience, these different JDB's have different business models.

Personalities, if you will.

Some sue first and ask questions later.

LVNV seems to be a patient player that appears willing to sit back and hold someone's credit report hostage. As a general rule, you pay 'em off, sue 'em off, or wait them out.

And even if you try to wait them out, you'll still probably have to sue 'em off.

[MajesticMoon]

I am trying hard to get rid of all the negative on my Credit Report. I have no problem paying the debt I owe, but I do not want to pay them over and beyond what I owe. Which brings me to LVNV.

I sent them a DV and have not received anything yet, but they still have time. The Original debt it to Paypal. It isn't mine, but technically it is. My ex-husband opened an account with them for a credit limit of $300.00. Opened it in my name I didn't really know about it at the time, but it is what it is. The original amount is $231.00. This is still on my report. Status is Transferred, closed. LVNV is there with the same account number as Paypal wanting the amount of $930.00. This is a great difference. On top of it and this is how I found out about this debt is Leading Edge called me on my new cell phone number( not sure how they got it) looking for that same amount. I also DV'd Leading Edge. I am sure they are somehow together.

What would be my next step? From reading the forum, I am not expecting to receive anything from them.

-Kristina

[Marz]

according to the law, your 623 dispute has to go to the address listed on your credit report.

However, LVNV funding is located in the BOA building in charleston

Along with all the other Sherman Financial Group Subsidiaries.

( from the Nevada SOS corporation filings)

so you could "CC" this address with the dispute.

Kevin Branigan, Manager

LVNV Funding

STE 206

200 Meeting Street

Charleston, SC. 29401

I have a couple of questions regarding the bold area. Is this a formality or does the 623 dispute have to go to the specific address listed within your TL on your CR??

I have green cards showing they accepted it at another address. Also the addresses are not consistent across all reports. So could someone clarify?

Thanks.

[ping]

I have a couple of questions regarding the bold area. Is this a formality or does the 623 dispute have to go to the specific address listed within your TL on your CR??

I have green cards showing they accepted it at another address. Also the addresses are not consistent across all reports. So could someone clarify?

Thanks.

all reporting disputes have to go to the address on the credit reports

but for LVNV funding, - Resurgent Captial services is the one handling all the credit reporting duties for LVNV funding

LVNV funding has very few employess- it's holding company only.

for FDCPA DV'and Intent to sue letters, use the charleston address.

[tkbyte]

Apologies if this has been covered elsewhere. I recently checked my credit report and found two entries from LVNV. They had bought some very old accounts originally held with HSBC.

Anyway, they are reporting activity as of this month. The original accounts are now over 7 years old. I've never responded to a collection attempt at all. From what I've read this should have disappeared?

[howucan2]

You're SOL as for collection but reporting does not fall off until 7.5 yrs from the default. CRAs usually show when account will be be dropped from reports.

[tkbyte]

So the "new" activity will disappear at 7.5 years? If so, that time has elapsed from the original entry. I have past credit reports to show as much.

[howucan2]

On credit reports right below where it says closed by creditor shows the year and the month it will disappear.

I would check all 3 CRAs to make sure these dates match.

Some JDBs will re-age debts, fraudulently report payments made to account keeping the alleged debt alive after seven and half years. That is why keeping close eye on reports is crucial when one goes into default.

[rekcah]

I'm new, just starting to improve my credit scores. I've disputed online with cra and had all but 2 CA deleted. I'm looking for advice on my next course of action.

One of the CA is "LVNV Funding LLC"

-----------------------------------------

LVNV FUNDING LLC #****

PO BOX 10497

GREENVILLE, SC 29603

Balance: $2570

Date Verified: 08/08/2012

High Balance: $2570

Original Creditor: GE Capital Paypal Plus (Financial)

Credit Limit: $0

Past Due: $2570

Pay Status: In Collection

Account Type: Open Account

Responsibility: Individual Account

Date Opened: 09/25/2008

Loan Type: Factoring Company Account

Remark: Acct Info Disputed by Consumr

Estimated Month and year that this item will be removed: 07/2014

-----------------------------------------

(OC Paypal Credit Card charged off 07/2008.)

I've disputed with the CRA online and got verified letter. I've sent DV letter to address provided on CR with CMRRR on 8/13/2012.

I read something about them having to be licensed in my state(Washington) so I looked it up.

-----------------------------------------

License Information:

Entity Name: LVNV FUNDING LLC

Business Name: LVNV FUNDING LLC

License Type: Washington state Business

Entity Type: Limited Liability Company

UBI: 603168271 Business ID: 001 Location ID: 0001

Location/Mailing Address:

625 PILOT RD STE 3

LAS VEGAS, NV 89119-4485

Licenses Held at this location: Collection Agency

Status: Active

Expires: 12/31/2012

First Issued: 03/20/2012

Governing People:

Kevin Branigan

-----------------------------------------

They opened this collection account 09/25/2008, but didn't have license to collect in Washington until 03/20/12? Could I use this to get them off my reports?

Thank in advance.