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

[jazz_nh]

Add JC Christensen to the list. I received a collections letter from JC Christensen and associates and in small print it says LVNV under it. LVNV is reporting on my CR. I have disputed the debt with the CRA and came back verified, and I have sent a DV ( in time ) to JC Christensen and received no response in 2 months.

next step 623 ?

[Mike Clark]

I live in Florida, and have LVNV on my Credit report with a DOLA of 5/08 Next month will be 5 years. I'm going to wait till 6/13 to challenge with CRA. They aren't contacting me, and I think their stated DOLA is innacurrate by 6 months. It should be 12/07, but just in case they are correct I don't want to alert them a month before SOL ends. Then once it does, I'll send Refuse to pay/C&D letters.

[howucan2]

Check your state's SOL (I believe FL is 4 yrs ).

 

That's probably why haven't been sued , train left the station and LVNV is SOL.

[Mike Clark]

Some say 4 others say 5. I don't know which to believe, but there is a law 95.something that says 5, so I error on the side of caution.

[howucan2]

This :

 

http://www.bankrate.com/finance/credit-cards/state-statutes-of-limitations-for-old-debts-1.aspx

 

AZ & GA changed to 6yrs

[BillD]

I have a question on what to do next and would hope for some good advice

 

I recieved a letter from Allied Interstate regarding a LVNV Funding LLC account on May 22,2013. In there letter there was no Original Creditor listed with a account # and dollar amount. I replied with the verification of Debt letter which I sent certified (as I think this is either real old or not mine) which they recieved on June 10,2013.

On June 28,2013 I recieved a letter from a lawyer dated June 24, 2013 which appears appears to be part of the Sherman Companies (LVNV Funding LLC, etc all) basically with the same information as the Allied Interstate letter except they have the original creditor listed.

 

Now my question. As I have not recieved a response from the letter which was recieved by Allied Interstate on June 10, 2013 which was to verify the debt. Do I wait for a debt verification from Allied Interstate since the clock is already ticking on them or do I need to respond to the lawyers additional to obtain a verification of debt.

 

To me it just looks like Allied Interstate just passed on my information to the lawyer. Should I await a response from Allied Interstate or do I restart the debt verification process with the lawyers?

 

Thanks in Advance

Bill

 

 

[BV80]

@BillD

 

It could be that Allied gave the account back to LVNV and won't try to collect anymore.  If that's the case, they don't have to respond to your DV request. 

 

Did the letter from the attorney include a statement that says no attorney with the office has reviewed the account?  Or something to that effect?

 

Also, did the attorney's letter include the 30-day validation notice?

[BillD]

@BillD

 

It could be that Allied gave the account back to LVNV and won't try to collect anymore.  If that's the case, they don't have to respond to your DV request. 

-So does this mean that they (being Sherman Companies, etc all) are able to continue to pass around unverified debt to different companies which represent them everytime I send a DV letter out? Mean LVNV hires Company A to collect. I send DV letter to Company A. LVNV then hires Company B to collect using same information. I send a DV letter to Company B. etc. I guess what I am getting at is at what stage should I send a letter to actual credit reporting agency and can they legally get away with doing that.

 

Did the letter from the attorney include a statement that says no attorney with the office has reviewed the account?  Or something to that effect?

-Yes the letter also states we have not been retained to file a lawsuit against you. Further, at this time, no attorney with this firm has personally reviewed the particular circumstances of your account (which is wrong wording since it has not been proven its my account and kind of funny because I actually do have an account in good standing with the named creditor they have listed).

 

Also, did the attorney's letter include the 30-day validation notice?

-Yes and it also says the only thing that they will provide as a debt verification is the name and address of the original creditor. My understanding is more then a creditor name and address is required to provide verification of a debt.

 

What I was thinking of doing but it doesn't sound like it is going to work now, is file a cease and decest to the lawyer firm on the basis of the open unresolved issue with Allied then at the same time mail Allied to expedite their finds , if any to obtain a response from them as either they have the information or they don't.

 

Thanks again for your feedback!

[BV80]

@BillD

 

 

So does this mean that they (being Sherman Companies, etc all) are able to continue to pass around unverified debt to different companies which represent them everytime I send a DV letter out? Mean LVNV hires Company A to collect. I send DV letter to Company A. LVNV then hires Company B to collect using same information. I send a DV letter to Company B. etc. I guess what I am getting at is at what stage should I send a letter to actual credit reporting agency and can they legally get away with doing that.

 

 

The law allows a collection agency to stop collecting rather than validate a debt.  So yes, LVNV can hire individual CAs.

 

Is LVNV reporting the debt on your credit report?

 

Yes the letter also states we have not been retained to file a lawsuit against you. Further, at this time, no attorney with this firm has personally reviewed the particular circumstances of your account (which is wrong wording since it has not been proven its my account and kind of funny because I actually do have an account in good standing with the named creditor they have listed).

 

When a debt collector sends a collection letter, it doesn't have to be proven that the debt is yours.  You can dispute the validity of the debt in your validation request.   If the debt is not yours, tell them so. 

 

Is it your debt?  If it is, you could sent a letter of dispute to LVNV.  This would not be a DV request.  A DV request is only valid if you send it within 30 days of the first dunning letter.  Since LVNV hasn't sent such a letter, they wouldn't have to respond to a DV request. 

 

You can simply dispute the validity of the debt.  In that case, if LVNV reports the account on your CR, they have to include that the account is disputed.  If they're already reporting, they can't update again unless the include that the account is disputed.

 

-Yes and it also says the only thing that they will provide as a debt verification is the name and address of the original creditor. My understanding is more then a creditor name and address is required to provide verification of a debt.

 

The necessary requirements to validate a debt depends upon your state court rulings.  For most states, the requirement is very low.  There's no particular case law that states that such and such documentation is required to prove the validity of the debt. 

 

You don't know what they're going to provide until you send the DV request.

 

What I was thinking of doing but it doesn't sound like it is going to work now, is file a cease and decest to the lawyer firm on the basis of the open unresolved issue with Allied then at the same time mail Allied to expedite their finds , if any to obtain a response from them as either they have the information or they don't.

 

If Allied returned the account to LVNV, there's no unresolved issue with them.  The attorney is a new debt collector, so you have to request validation.

 

If this account is yours and is still within the SOL, I would not send a cease and desist.  Sometimes a C & D leaves a JDB (junk debt buyer) no option but to file suit.

[admin]

But you sent a debt verification letter, so they have to respond to that or remove the account from your credit report.  However, if they are not reporting, they obviously wouldn't remove. They may also not be required to respond if they are not reporting. 

[BV80]

@admin

 

But you sent a debt verification letter, so they have to respond to that or remove the account from your credit report.  However, if they are not reporting, they obviously wouldn't remove. They may also not be required to respond if they are not reporting. 

 

I don't know of any case law that says an entry must be removed from a CR if the CA is already reporting before receiving a DV request. 

 

There is case law that shows that reporting a debt to a CRA is a violation if the CA reports AFTER receiving a DV request but before validating with the consumer. 

 

There is also case law that says if a CA receives a DV request and is already reporting, then subsequent reports that don't include that the debt is disputed  would violate the FDCPA.   Subsequent reports would mean updating.

 

Personally, I think that if a CA chooses not to validate, they should remove the entry, but there's no case law that I know of to support that belief.

[admin]

@BV80 - I think the poster sent in a 623 request (debt verification) - meaning the CA has to respond within 30 days.  

 

I agree that there is no case law saying a company has to delete after receiving a DV request.  

[BV80]

 @admin

 

 

@BV80 - I think the poster sent in a 623 request (debt verification) - meaning the CA has to respond within 30 days.  

 

I agree that there is no case law saying a company has to delete after receiving a DV request.  

 

 

Oh....okey dokey. 

[BillD]

@BV80

 

The law allows a collection agency to stop collecting rather than validate a debt.  So yes, LVNV can hire individual CAs.

Is LVNV reporting the debt on your credit report?

 

->Yes they are.

 

When a debt collector sends a collection letter, it doesn't have to be proven that the debt is yours.  You can dispute the validity of the debt in your validation request.   If the debt is not yours, tell them so. 

Is it your debt?  If it is, you could sent a letter of dispute to LVNV.  This would not be a DV request.  A DV request is only valid if you send it within 30 days of the first dunning letter.  Since LVNV hasn't sent such a letter, they wouldn't have to respond to a DV request. 

You can simply dispute the validity of the debt.  In that case, if LVNV reports the account on your CR, they have to include that the account is disputed.  If they're already reporting, they can't update again unless the include that the account is disputed.

 

->I actually don't believe it is mine unless it is from at least 10 years ago.

 

The necessary requirements to validate a debt depends upon your state court rulings.  For most states, the requirement is very low.  There's no particular case law that states that such and such documentation is required to prove the validity of the debt. 

You don't know what they're going to provide until you send the DV request.

 

->Yeah I am thinking the best route is to send DV request which will probably prompt them to send it back to LVNV who will in turn send it to another CA.

 

@admin

 

But you sent a debt verification letter, so they have to respond to that or remove the account from your credit report.  However, if they are not reporting, they obviously wouldn't remove. They may also not be required to respond if they are not reporting.

 

->That is just it, they are still reporting it.

 

@BV80

I don't know of any case law that says an entry must be removed from a CR if the CA is already reporting before receiving a DV request. 

There is case law that shows that reporting a debt to a CRA is a violation if the CA reports AFTER receiving a DV request but before validating with the consumer. 

There is also case law that says if a CA receives a DV request and is already reporting, then subsequent reports that don't include that the debt is disputed  would violate the FDCPA.   Subsequent reports would mean updating.

Personally, I think that if a CA chooses not to validate, they should remove the entry, but there's no case law that I know of to support that belief.

 

->This is actually the first I have hear of it as of 2013May22. I would think that if a CA recieves a DV wouldn't it state "not validated" or something to that effect?

 

@admin

@BV80 - I think the poster sent in a 623 request (debt verification) - meaning the CA has to respond within 30 days.  

I agree that there is no case law saying a company has to delete after receiving a DV request. 

 

->If they are not going to validate it, why would they be able to keep it?

 

Thanks again for all of the great feedback!

[BV80]

@BillD

 

You could send a DV request to the attorney, and dispute LVNV's entry on your CR with the CRAs (credit reporting agencies).   Do you know the last time you paid on the account?

 

Is the original creditor reporting?

[admin]

If this is actually not your debt, I would fight long and hard.  If this debt is 10 years old, I would fight long and hard to get it off.  They shouldn't be reporting it or pursuing you for collection.  I would let your state attorney general know about this.  @BillD

[BillD]

Just wanted to give an update. I sent a DV.

 

Now I have recieved another letter and getting phone calls from another CA. None of them have verified the debt.. This is now #4, they must be getting desperate

 

I am also having issue getting into my experian credit report but the transunion and equifax are strange. Its not in neither of them but there is another account on there with a larger amount which I don't have.

 

Have any good ideas or do I just continue to play the DV game?

 

Thanks

 

[BugAboo7]

Pulled Credit report in 2012 LVNV is on there six times

Pulled it this year and they're only on there two times.

 

recently received a letter from portfolio with LNVN as the OC

 

I'm past the SOL for my state, according to my credit report the accounts will fall off 1/2014 & 2/2014

 

Should I even bother sending a validation letter or just let it be and wait it out?

[BV80]

@BugAboo7

 

They name LVNV as the OC?   LVNV cannot be an OC.  I'd go ahead and send a DV request to see how Portfolio responds.  If they don't give the name of the real OC, but again claim that LVNV is the OC, I'd see an attorney.

[djmInTn]

Just discovering this forum, so excuse me for opening this one back up... 

 

I've got LVNV funding on my report. What's interesting is that the amounts they're reporting are going up and down.

 

They report as Open Account, Loan Type as Factoring Company Account, TU shows "High Balance of 12.1k from 06/2011 to 11/2013". However, the entries show:

 

6/2013: 17.1k balance

7/2013: 17.2k balance

8/2013: 15.7k balance - shows the same balance all the way through 11/2013

 

Any idea why it would drop the way it did?

 

This is the largest negative item on my report. I'd like to tackle it, but after all these stories about LVNV's sliminess, I'm not so sure I should tackle them first.... The original amount that went to collections was about 10k, from a credit card so 15k is ridiculous. That was about 5 years ago.

[BV80]

@djmInTn

 

 

6/2013: 17.1k balance

7/2013: 17.2k balance

8/2013: 15.7k balance - shows the same balance all the way through 11/2013

 

Any idea why it would drop the way it did?

 

 

 

You're referring to a JDB.  Who knows why they do what they do.   Their employees are not renowned for their intelligence. 

 

Try disputing the entry with the credit reporting agencies as "not mine".  If it comes back verified, then dispute the balance. 

 

Check every detail of the entry.  For instance, are they reporting a date of last payment?   If so, does it match the date reported by the OC?

 

You don't have dispute every possible inaccuracy in one dispute.  You can dispute them one at a time. 

 

If everything is verified with the CRAs, then you can dispute directly with LVNV.  Make them do some work.

[djmInTn]

Thanks @BV80. That's exactly where I'll start this week then. It's so old that I'm not even sure I have records from the OC. But I know the general details so I'll at least be able to tell if it's complete BS or not. I don't mind making LVNV do the work. It's so old and I believe this one has passed through a number of CAs so I highly doubt they've got any documentation. Thanks!

[BV80]

@djmInTn

 

If you have any more comments or questions, it would be best to start your own thread.   That way, all the responses will be for you and not directed to other points in this particular thread.

 

Good luck!  

[swak1942]

When a Judgment is purchased, the DV process has bit the dust. Believe me I know! Your best bet is to seek Chain of Title and all sorts of Discovery items if the purchasing entity ever takes you to court. Make sure you read all your States Law on purchase of Judgments and Foreign Corporations requirement to buy debt in your State.

[swak1942]

I'm very new to this...1994 Sears card....honestly I can't find it or remember it. This company has had me crying in fear for 2 days. Can someone help this member? Give me ideas what to do.