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LVNV and deja vu


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I'll make this as short as I can:

- Disputed w/OC in August 2008. OC has yet to verify, and has even admitted on paper that they have no paperwork involving this account. But that's a completely different thread.

- OC sold to LVNV in 2005. Disputed w/all three bureaus in August 2008 & it falls off all three bureaus.

- Wrote OC *again* requesting an investigation. OC does not respond. Instead, OC sends investigation request to LVNV! LVNV is now sending letters to collect on a debt that is 1) outside SoL and 2) was deleted from my reports last August.

I understand that the OC doesn't have to verify, but do they have to respond to an investigation request, particularly as a data furnisher? And how are they able to furnish data if they have no data to furnish? If Sears has no paperwork (by their own admittance), then what on earth are they sending to the bureaus? As for LVNV, this was disputed and deleted back in August, so do I have to do it all over again, or can I file a lawsuit - and if so, what for? Because it seems to me that they're coming after the same debt with no valid reason to do so.

One last thing - Sears has said they have no paperwork and I actually sent that letter to Experian, yet they STILL "validated" the debt. I don't see how that's possible. Does this fall under Cushman v. Transunion - which, according to the Experian guy I talked to, does not apply to Experian?

Also, how does a debt go from $847 to $1,243?

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Hi

Here what I did personally speaking of myself I had the same thing happen to me. The OC was reporting on my CR and I had no idea who they were.

So I erroneously sent them a dv so after clarification they were in fact the OC

I sent them a rqt for investigation more than once and they kept on referring me to the agency which they had sold the account to.

Long story short I sent them a small claims summons stating I was going to sue them and it had the charges I was going to file and I even attached a copy of the civil code of procedure which they had violated.

I also told them they had 15 days to respond less than a week the VP was calling me and I kept all contact and communication with them in writting.

I did however speak with the Vp very briefly to let him know I was serious, I'm still working on this as we speak and this site helped so much or I wouldnt know what I know now. I would see who the head person in charge is and start from there.

Good Luck

(disclaimer: This is just my personal experience each person situation will be different and personal experience can not be misconstrued as practing law )

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Thanks, soveu38. I was afraid it was going to come to that. I'm not really scared of court or anything, just not really knowing WTH is going on. The biggest problem I have right now is not having the CMRRR number! I have one number on the actual letter, but wound up putting another one on the card when I got there (I don't remember why). But for some reason, I never got the card back. Luckily, LVNV has the investigation request - which is stupid, because I didn't ask LVNV for an investigation.

The question is, is it against the law for an original creditor to refuse an investigation? Experian did, even when I sent in a copy of the letter from the OC saying they have no paperwork on the trade line in question. I *think* that violates Cushman v. Transunion, but I'm not sure if they OC did anything wrong.

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The question is, is it against the law for an original creditor to refuse an investigation? Experian did, even when I sent in a copy of the letter from the OC saying they have no paperwork on the trade line in question. I *think* that violates Cushman v. Transunion, but I'm not sure if they OC did anything wrong.

You'll need to locate your state civil codes of procedure or check your state local laws. As far as I know their is one the one I sent to the parties came from my state and indicated that they could be sued(referring to my case only) for failure to investigate when a consumer requested.

When in doubt also consult an attorney, legal aide society, naca.com they offer attorney referrals.

Good Luck

(Disclaimer: not an attorney or I'd give advice for free just my legal experience is all that I can offer. ):)

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I understand that the OC doesn't have to verify, but do they have to respond to an investigation request, particularly as a data furnisher? And how are they able to furnish data if they have no data to furnish?

The answer is yes, they have to respond within 30 days to investigatioin requests. All they need to do is say "information verified". But if they don't respond, it's a violation of the FCRA.

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