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LVNV Nightmare - Help???


burdies4
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I had an account with Sears which was sold to LVNV in July 2006. LVNV farmed it out to MSR Associates who contacted me and I negotiated a payment agreement and the bill was paid in full $3000 on Jan 07 (long story before I know about GCIS).

MRS reported back to LVNV that I didn't make the last payment, but then corrected this error and have provided me with a "release of debt" letter stating the bill was paid in full. Every two months I have another company contacting me to collect the debt on behalf of LVNV (late fees and penalties because they say I never made the last payment which I have proof I did). I have challenged with the Credit bureaus and they say LVNV validates I still owe. My credit report shows I'm 150 days late as of last month as well as Sears showing the account of $3000 as charged off on August 2008 when it was paid in full in Jan 07. Not sure where to go from here...

1. Can Sears report as charged off if they sold to LVNV?

2. Should I resend the "release of debt" letter to the Credit bureaus?

3. Any other recommendations?

I can't even tell you how frustrated I am...

PS - Bought/read GCIS but not sure what letter to send at this point....

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Just don't give in and keep fighting. Try e-mailing all NACA attorneys in your state explaining your situation.

Also file complaints with the FTC, BBB and the AG.

Raise enough hell and they should go away.

If your up to a little learning, Learn your rights and study your local general distric court, Then file a lawsuit.

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Guy in Montana just got $300,000+ from a jury in Montana when debt collectors pursued him over a debt he did not owe!!!!!

SUE! SUE! SUE!

And oh yeah....did i mention...."YOU SHOULD SUE!"

NAME ALL DEBT COLLECTORS INVOLVED. This gives you chance for multiple settlements.

If I was you on this, I'd be salivating right now.

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You need to set them up for a lawsuit,then use this for them to erase your file from their fraudulent databases. I have been whipping there asses and all the companies they use to collect for them.

What state are you in?

Does your state require a bond from collectors? Texas and Florida do

They have violated so many Fed laws and probably state laws that you have them by the balls, you just dont know it yet. Send me an email and i will send you the letter to send all of them. Even the Bureua is at your mercy now because parrot information from e-oscar is no good.

I got just yesterday a letter from one of the lv fraud companies saying sorry and that they removed the account and sent it back to original creditor. They actually had TWO companies trying to collect from me at one time, now i have sent a Bill and a settlement offer to one of them that had no bond to collect here in Texas

creditidol@yahoo.com

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Thanks for the advice! I am going to deal with this today!

if your in wa state. I have a NACA attys number, we are lacking any consumer attys here, 2 firms/seattle, 1 walla walla,& they start at 600 hr

a friendly warning, if your pro se in civil court, you are/will be held to a higher standard than most ,if you state/ reply as a atty would.( stating RCW/FDCPA ect)

you are expected to know and follow the Court of limited Jursdiction rules & , you have to ask for them :( pro quid pro, Sucks, seems if you defend yourself and seem "knowlage able"

enough , your held to " atty" standards " judge even came out and said . Ms X if you reply like a lawyer , citing case law& federal laws , you are held as such.

OP may consider legal help , esp with so many in violation. or they will eat her alive BTW all the scum attys she will have to face esp in civil court.

washington state violations is 2000.

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The whole hope is that you take them to JP court where no attny are allowed on a suit and then what, they wont be sending the CEO of the company to another state, then you say bye bye to the account!!

In washington we have. small claims, you must attend mediation, then you may see a judge if you cant resolve.

you can not "sue" in small claims a out of state collector, you may sue a " agent" if they are in this state ( NCO a good example) the Sec of state will serve for you.. limit is 5000, $23 filling fee.limited "discovery ect" can not show anything that isnt filed,( should have been done during mediation) seems the mediators are retired attys/lawyers ,not a place for FDCPA violations.

Civil Court, up to $75000. here is where 99% of scum/CA attys hang out, so they can collect thier "fee" $53 filling fee, goes faster than small claims, no mediation is required., you can sue a Out of state CA, ( default) with something as easy as a CMRRR.(long arm statue)takes about 60-90 days,

this is where you want a lawyer if you have several "defendants" and want $$$ .

Sup, Court :anything over $75000, filing fee $250+

where the "big" guys play . they dont mess around here and a Pro Se hasnt a chance, BUT a great case can get you mega $$$,

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I had an account with Sears which was sold to LVNV in July 2006. LVNV farmed it out to MSR Associates who contacted me and I negotiated a payment agreement and the bill was paid in full $3000 on Jan 07 (long story before I know about GCIS). We have all made mistakes before we all found these boards, You have learned your lesson, right?

MRS reported back to LVNV that I didn't make the last payment, but then corrected this error and have provided me with a "release of debt" letter stating the bill was paid in full.You still have this letter right? Every two months I have another company contacting me to collect the debt on behalf of LVNV (late fees and penalties because they say I never made the last payment which I have proof I did). I have challenged with the Credit bureaus and they say LVNV validates I still owe. Send them a DV, YES start all over from the beginning, send them a DV My credit report shows I'm 150 days late WHO is showing it LVNV or Sears? as of last month as well as Sears showing the account of $3000 as charged off on August 2008 when it was paid in full in Jan 07. Not sure where to go from here... CITI bought out Sear's credit cards, when was the last time you disputed it?

1. Can Sears report as charged off if they sold to LVNV? Yes they can, BUT it must be reported with a 0 balance, the pay history will remain

2. Should I resend the "release of debt" letter to the Credit bureaus? You can send it until the cows come home it won't do you any good, LVNV is the one that hs to send the info to the CRA's

3. Any other recommendations? OK, First I would let LVNV hang themselves some more, send them a DV for the balance they says has not been paid, If there is someone else assigned to collect for them on a new balance send them a DV as well, once you have done all of that, I would dispute it one more time with the CRA, if it comes back verified, I would waste no more time with those retards and go straight to my AG and submit a complaint on LVNV AND the CA they assigned to collect on their behalf, you will probably have to send copies of everything you sent and recieved in the mail, wait for the AG to respond and works their magic, it should dissappear.

If by chance it doesn't, contact an attorney and sue the mess out of them

I can't even tell you how frustrated I am... I can just about imagine how ticked you are, you did what you thought was the right ting and take care of your debt and you get this rat race in return, I would be hopping mad as well and be out for blood there after.

PS - Bought/read GCIS but not sure what letter to send at this point....

Hang in there, things will get done if you don't give up

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Yes I have a copy of the "release of debt" letter, I have kept every document I've received from every contact I've received since paying this debt off. Including a log of all phone calls regarding this situation.

Last disputed July 08 this is the response to my dispute:

LVNV shows: Recent Balance: $2436 as of July 08 Status: Collection account past due - (according to their letters this consists of 1 payment they say I missed of $600 + late fees, attorney fees, penalties, interest, etc.)

Sears shows: Recent Balance: $4870 as of July 08 Status: Account charged off/Past due 150 days $3280 past due as of July 08

Since this latest dispute I have been contacted via mail: Aug 25 08, Aug 28 08, Oct 15 08, Nov 14 08, Jan 13 09, Feb 13 09 by various collectors

The most frustrating part of this whole mess is this happened due to SEARS offering to lower my interest rate if I went on automatic payment for 6 months (I had this account for 15 years without a problem. They decided the amount, but it wasn't enough, and then a glitch in their system missed one month payment and it snowballed into a disaster).

Within a year I paid approx. $2600 on a $3000 card and ended up with a $3000+ collection. Then I paid the $3000 collection and am still getting screwed! Unfortunately, due to a verbal altercation between me and the 12 year old idiot they hired to run their collections department I ended up with this mess (that's what I get for asking to speak to the supervisor). He told me he was going to ruin my credit and my life! Well, he managed to ruin my credit!

Definitely not giving up, just curious who the NACA attorney was that CBairey mentioned in WA state as I thought I'd google them to get some general info. in case I end up needing to hire a lawyer at some point....I've been very patient, but the claws are starting to come out...

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Cbairey, which NACA attorney were you referring to in WA?
sheila o sullivan,Leen & O'Sullivan, PLLC Seattle,

they start at 600 hr, but the interns start at 150..

First Name: Sheila

Last Name: O'Sullivan

Organization: Leen & O'Sullivan, PLLC

Address: 520 E. Denny Way

City: Seattle

State: WA

Zip: 98122

Email: Sheila@LeenandOSullivan.com

Phone: (206) 325-6022

Fax: (206) 325-1424

Website: www.LeenandOSullivan.com

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