Help with LVNV Letter

[bobbiest]

Hi, I am a newbie and have a question about a collection letter. Original creditor was Best Buy - HSBC and looks like sold to LVNV. I just received a letter from Nelson, Watson & Associates LLC. I was going to send out a DV letter but on bottom of letter it states about the 30 day period but also mentions that the office will obtain verification of debt or obtain a copy of a judgment and mail you a copy of such judgement or verification. If I send DV letter is this telling me that they will issue a judement?

[Tazjeepcj7]

The statement is that they will verify the source of the debt. If there has been a judgement issued against you they will send you a copy of it. That said, they could sue you at any time.

[NASCAR_Devil]

Hi, I am a newbie and have a question about a collection letter. Original creditor was Best Buy - HSBC and looks like sold to LVNV. I just received a letter from Nelson, Watson & Associates LLC. I was going to send out a DV letter but on bottom of letter it states about the 30 day period but also mentions that the office will obtain verification of debt or obtain a copy of a judgment and mail you a copy of such judgement or verification. If I send DV letter is this telling me that they will issue a judement?

Do not add a "limited C&D" to your DV letter. LVNV considers any limitation of contact as a full cease comm. Not good as it leaves them very few options. If you are w/in SOL they would likely sue. I would simply state that calls to you at your employer place your employment in jeopardy and at the bottom in big bold letters:

ALL CALLS TO MY HOME AND CELL ARE RECORDED

[Credithis]

Always, always, send a DV directly to LVNV and another to their hired gun CA. This will prevent them from assigning it to other CA's ad infinitum. Include a copy to the present CA.

Now, use SC's own version of the FDCPA with a complaint to the SC Dept. of Consumer Affairs and send a copy of that complaint along with your DV. Look in the LVNV thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279246&page=8

Look for my posts.

When sending the letter to LVNV at the SC addy use this for the outside of the letter:

LVNV/Resurgent and Sherman Companies

Attention Corporate Legal Compliance

Address

Use that in your DV letter header as well.

My verbage in DV letters sets my stance straight from the get go. I tell them what is acceptable and what I will not consider validation.

Dear Dysfunctional Sherman Companies,

I dispute this alledged debt entirely. Please provide validation as per the FDCPA. I understand the requirements set forth in the FDCPA are open to interpretaion, however, I will never consider anything on your or your CA's letterhead to be proof or validation of anything. Any affidavit from your Company will considered as nothing more than 3rd party self serving heresay as no one in your Company could have personal knowledge of the alledged original creditor's business practices and accounting.

There Ya Go!!!

[admin]

Do not add a "limited C&D" to your DV letter. LVNV considers any limitation of contact as a full cease comm. Not good as it leaves them very few options. If you are w/in SOL they would likely sue. I would simply state that calls to you at your employer place your employment in jeopardy and at the bottom in big bold letters:

ALL CALLS TO MY HOME AND CELL ARE RECORDED

Also, there is no such thing as a limited C&D in the FDCPA. There's actually no cease and desist language either. You are just able to ask them to cease communication.

[bobbiest]

Do not add a "limited C&D" to your DV letter. LVNV considers any limitation of contact as a full cease comm. Not good as it leaves them very few options. If you are w/in SOL they would likely sue. I would simply state that calls to you at your employer place your employment in jeopardy and at the bottom in big bold letters:

ALL CALLS TO MY HOME AND CELL ARE RECORDED

So take out all verbage about no contact in the DV letter? Thanks for the advice.

[bobbiest]

Always, always, send a DV directly to LVNV and another to their hired gun CA. This will prevent them from assigning it to other CA's ad infinitum. Include a copy to the present CA.

Now, use SC's own version of the FDCPA with a complaint to the SC Dept. of Consumer Affairs and send a copy of that complaint along with your DV. Look in the LVNV thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279246&page=8

Look for my posts.

When sending the letter to LVNV at the SC addy use this for the outside of the letter:

LVNV/Resurgent and Sherman Companies

Attention Corporate Legal Compliance

Address

Use that in your DV letter header as well.

My verbage in DV letters sets my stance straight from the get go. I tell them what is acceptable and what I will not consider validation.

Dear Dysfunctional Sherman Companies,

I dispute this alledged debt entirely. Please provide validation as per the FDCPA. I understand the requirements set forth in the FDCPA are open to interpretaion, however, I will never consider anything on your or your CA's letterhead to be proof or validation of anything. Any affidavit from your Company will considered as nothing more than 3rd party self serving heresay as no one in your Company could have personal knowledge of the alledged original creditor's business practices and accounting.

There Ya Go!!!

Thanks for the advice. I printed my husbands CRs and LVNV has re aged account and all kinds of other things. Also do you know if it is legal to report this account on my CRs as account was in husband's name and they have me as an authorized user - don't believe I ever signed anything. Best Buy also put account on my reports. I think we are going to get some legal advice.

[LUEser]

LVNV likes to break the law. Just keep on em, you're sure to get a violation sooner or later.

Good luck. Best on finding yourself a good attorney that'll take these guys through the mud.

[nascar]

use SC's own version of the FDCPA with a complaint to the SC Dept. of Consumer Affairs

That might be helpful if the OC weren't a resident of Delaware.

My verbage in DV letters sets my stance straight from the get go. I tell them what is acceptable and what I will not consider validation.

I kinda thought that sort of thing was left to the courts to decide.

[Credithis]

Nascar, LVNV and Resurgent have a business license and a physical presence in SC located in Greenville and Charleston, so yes, they fall under the SC Dept. of Consumer Affairs.

Also, I know what is and what is not required for them to produce for in response to a DV, I even told them so by saying it is open to interpretation. I'm simplying letting them know their standard response to a DV is not going to be acceptable to me and that stops the continued form letters back from them, and if you do get them you can always insist in a court of law, whether you sue them or they sue you, that no one could reasonably expect to believe anything self-generated in house on their letterhead.

Perhaps the OC or others could flesh out my letter by saying a court of law is needed to determine whether this alledged debt exist...

Remember, I wrote that letter on the fly and expect others to change it as it suits them. The Sherman Companies do not like being linked together. Also, by sending it to their Corporate legal compliance office and including LVNV/Sherman/Resurgent on the envelope and letterhead you have a better paper trail to blow the "bonafide error" defense outta the water.

I know Sherman/LVNC/Resurgent/ad nauseum..., I believe in letting them know and in the right way to avoid millions of letters back and forth that I mean business.

Do what you want, I'm going to say this again...., Download the complaint form from the SC Dept. of Consumer affairs, fill it in with everything funky and even throw in they have not proved anything, tell them about info sent to you on their letterhead, calling incessantly,poisoning your credit report with "open" whatever. Make two copies, keep one and send the other inside your DV letter to LVNV and company. Oh, Yeah, whether you do it or not tell em in your DV a complaint has been filed with the SC DA.

You see Guys, make it painfully clear to LVNV and Company that you will not go quietly out into the night. Their stock in trade and bread and butter is the debtor who rolls over. Let them know you will not and you will make bigtime waves if annoyed.

Believe me, this approach does work.

[Credithis]

Just looked at the OP again, now LVNV/Resurgent does over 70% of their dunnings from SC. However, they do have other collection offices in other States. If they are sending them out from other states offices don't use the SC dept. of Consumer Afffairs. You still can use the dV letter for much the same reasons.