soleil21 Posted January 21, 2008 Report Share Posted January 21, 2008 First post...hope this makes sense!LVNV purchased a delinquent Providian acct I had, and the first I heard of it was in a letter from NAFS, Inc. I DV'd NAFS within 30 days (07/06) and had no response. Next got a letter from Weltman Weinberg & Reis and DV'd them within 30 days (09/06) with no response. Disputed with CRAs in 07/07 and LVNV verified - the collection listing has always been regularly updated in my CR. Got a letter from WW&R in 11/07 offering 60% settlement, followed a week later by a letter stating they could not provide validation and they were ceasing collection.I'm now wanting to go after LVNV for continuing collection efforts without ever validating the debt. Did I screw up, however, by only requesting validation from the CAs LVNV engaged and not LVNV directly? When I originally DV'd the CAs, the LVNV collection listing was updated on my credit report to note that the account was disputed. At the time, I figured that since LVNV was using these CAs to contact me, contacting the CAs was the appropriate way to go. If I send LVNV a letter and copies of all documentation, can they justifiably claim ignorance of my requests to validate the debt and refuse my request to delete the collection listing from my CR as a result of their violations of the FDCPA?Do I have grounds to sue?Thanks in advance! I've read through as much info on this site as I could and didn't find anything that directly addressed this question. When I started to go crosseyed, I thought I might as well just post the question and hope for the best!--Fletch Link to comment Share on other sites More sharing options...
ps7psp9 Posted January 25, 2008 Report Share Posted January 25, 2008 Send a DV to LVNV also... Link to comment Share on other sites More sharing options...
foreclosureparalegal Posted February 1, 2008 Report Share Posted February 1, 2008 Is that a FACT? How do you know?Are You Being Sued by a Debt Buyer?Debt buying is a fast-growing business in the U.S. Just because a debt buyer claims they are owed money from you in court or in a letter doesn't mean they are entitled to anything. Many of the debts they purchase are undocumented, not beyond the statute of limitations, or legally invalid.If you are being dunned or sued by a debt buyer, it is important for you to understand your rights as a consumer. You may have a valid defense to the claim -- or you may have a claim against the debt buyer.The Federal Trade Commission reported with regard to a lawsuit filed in 2004 that accounts enforced by the debt buyer may came from "consumers who never owed the original debt in the first place. Many consumers pay to get [a debt buyer] to stop threatening and harassing them, their families, their friends, and their co-workers." (http://www.ftc.gov/opa/2004/12/camco.htm)Likewise, the Attorney General of Minnesota in 2004 sued two collection agencies that represent debt buyers. According to the Attorney General, the companies used illegal tactics such as ignoring written disputes filed by consumers to coerce those consumers into paying invalid debts.Even if you know the debt is valid, you have the right to know that the debt buyer actually owns the debt. The debt buyer must be prepared to provide you with a copy of an assignment of the debt that specifically refers to the debtor by name, address, and account number. Also, beware: making even a small payment may revive the statute of limitations on an old debt which would otherwise be uncollectible. Link to comment Share on other sites More sharing options...
foreclosureparalegal Posted February 1, 2008 Report Share Posted February 1, 2008 She's 78 and very ill. I helped her dispute a LVNV item in her credit report with Equifax. Today, I discovered they DELETED it. I was sure they would come back that it was "verified". Maybe Equifax is getting "heat" for reporting invalid information for this "unfair", abusive "collector"? Link to comment Share on other sites More sharing options...
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