Sent DV Letter to LVNV Funding and Got Letter Back

[mooredb]

I sent LVNV Funding a debt validation letter and they sent me a letter saying that "This account has been placed with Resurgent Capital Services L.P." It LVNV funding falls under "Sherman Companies" along with a list of other companies that Sherman owns.

What do I need to do from here? LVNV Funding is on my credit report. However, Resurgent Capital Services is not on my credit report. Should I send a debt validation letter to Resurgent?

[nascar]

Wait until you hear from Resurgent.

[BigJT]

I sent LVNV Funding a debt validation letter and they sent me a letter saying that "This account has been placed with Resurgent Capital Services L.P." It LVNV funding falls under "Sherman Companies" along with a list of other companies that Sherman owns.

Was that all it said? Or did it otherwise meet the requirements for validation (name of OC, amount, and OC's account number)?

LVNV is definitely subject to the TDCPA, and they MUST respond within 30 days if they are reporting on your credit report with at least that information.

[mooredb]

Yes it did state the OC, amount, and OC number....but it didn't come from LVNV Funding. See the letter. Should I send a DV letter to Resurgent and send this letter to the credit bureaus asking them to remove LVNV Funding?

[nascar]

yes

[1stStep]

The LVNV/Sherman whack-a-mole...

Dispute w/ CRAs

Send DV letter to Resurgent

If you play your cards right, they may violation the FDCPA or the FCRA.

[mooredb]

Ok so check this out. I got a letter today from Resurgent! Here is the letter. I should still send a DV letter to Resurgent correct? Then dispute with the CRAs that LVNV is not the debt holder? Looks like LVNV has ways to get around the system!

[Torden]

Go ahead and send a dispute to LVNV itself within the 30 day time frame. If sent after the 30 day time frame, they get to basically ignore a dispute. Since the legal notice about it is on their letter, do it. They COULD withdraw the account from Resurgent and then claim you didn't make a dispute within the time frame.

Send a DV to Resurgent. Send it within the 30 day period so they cannot collect without validating (even though the legal minimum validation is worthless). It might get sent back to LVNV or they might answer the DV.

Send everything CMRRR ... no exceptions (you're collecting evidence that might be necessary if they violate the law). Keep a record of how much you pay for CMRRR in case this goes to court. This can be included in your counter suit.

FYI, don't include actual account numbers unless we specifically need it (and we almost never do). If more than one account number is involved, show only enough final digits to distinguish them. Also redact those bar and square digital codes from any future images.

[mooredb]

Thanks! I've updated the images so those barcodes and my account number is blacked out. Thanks.

I have my 2 DV letters ready to go to the post office and ready to send CMRRR. It will be interesting to see what happens. I'll keep everyone posted.

Thanks everyone for your advice!

[Torden]

1,120.09 minus 1,118.60 is only $1.49.

[Informed]

Does your state require that a collection agency be licensed in your state ?

If so, are any of the companies named in the Sherman companies licensed , including LVNV and Resurgent ?

If none of these are licensed, then they will have a heck of a time proving they have "legal standing" and they have violated your state law(assuming license is required in your state.)

TENNESSEE CODE ( see if your state has similar language)

"The State of Tennessee does not have reciprocal agreements with any other state, and no collection service can commence collection or conduct collection business in Tennessee without being licensed by the Tennessee Collection Services Board"8-)

( Again , please review your state law pertaining to assignments)

Tenn Code 62-20-127(a) as amended requires that:

(1) A debt collector/buyer produce a valid assignment

(2) The assignment must be properly executed and acknowledged by the parties

(3) The assignment must be manifested by a written agreement, and must show if the assignment was voluntary.

(4) The written agreement must also show consideration paid or given, if any.

Edited December 19, 2011 by Informed

[Informed]

I received a letter about a year ago from:

The law firm of Weltman, Wienberg and Reiss" located in Ohio.

They claimed to represent LVNV on an alleged account.

WW & R stated in their letter "this communication is from a debt collector...etc"( They admitted they were debt collectors). Tenn FDCPA holds that " any person who represents themselves to be debt collectors is required to comply with Tenn Code

I replied reminding them that their attorneys were not licensed to practice law in Tennessee in accordance with the Tenn Supreme Court Board of Professional Responsibility. I further reminded them that neither their law firm or LVNV was licensed as Debt Collectors in accordance with Tenn Law. I invited them to explain why they were not required to be licensed as Debt Collectors in Tenn. I also invited them to explain why I should not file complaints with the Tennessee Collection Services Board and the Office of the Tennessee Attorney General, Dept of Consumer Affairs for a review of the matter so stated and for the purpose of them filing either Civil or Criminal charges against both WW & R as well as LVNV....I guess they are still scratching their butts because I haven't heard another word.iin over a year.

Edited December 19, 2011 by Informed

[mooredb]

Wow - ok thanks for the tip! I just found out that YES they do have a to have a license in the state of Texas. I just did a search and didn't find LVNV Funding listed....HOWEVER, I know why the transferred it to Resurgent Capital. Because they are licensed in Texas! So.....What do I do from here. LVNV Funding is not licensed and they are the ones listed on my credit reports! Can I file a lawsuit against them? Should I send a letter to LVNV Funding saying you are not licensed in Texas and I demand you to remove off my credit reports

[Goldbug]

mooredb, you probably already checked here but I'll provide a link, just in case. Good info on LVNV, Resurgent, etc.:

http://www.creditinfocenter.com/forums/collections/279246-if-you-have-lvnv-your-cr-read.html

[Informed]

Wow - ok thanks for the tip! I just found out that YES they do have a to have a license in the state of Texas. I just did a search and didn't find LVNV Funding listed....HOWEVER, I know why the transferred it to Resurgent Capital. Because they are licensed in Texas! So.....What do I do from here. LVNV Funding is not licensed and they are the ones listed on my credit reports! Can I file a lawsuit against them? Should I send a letter to LVNV Funding saying you are not licensed in Texas and I demand you to remove off my credit reports

Does your state law say that a collection agency must be licensed BEFORE COMMENCING OR CONDUCTING COLLECTION EFFORTS ?

if so, LVNV may be in violation since they "commenced" by sending the account to Resurgent while not being licensed. It appears that LVNV did not have legal standing to "commence".

In any event, demand that Resurgent show proof of a valid assignment by producing a written assignment agreement which has been properly executed and acknowledged by the parties.

Also demand a complete unbroken chain of title beginning with the original creditor from there to each assignee in that chain, and show proof that the last assignee had legal standing to assign this to LVNV and show that LVNV had legal standing prior to being assigned to Resurgent.

[mooredb]

Thanks!!! - Ok here is my letter I am going to send to Resurgent. How does it look??? Should I send a letter to LVNV Funding too? I will need to also double check on what Texas laws state.

To Whom It May Concern:

This letter is being sent to you in response from a letter I received by Resurgent Capital Services L.P. on December 7th, 2011 and December 12, 2011 stating that LVNV Funding LLC has assigned this account to Resurgent Capital Services L.P. to collect on a debt that you state I owe.

I am demanding that Resurgent Capital Services L.P. and it’s related following companies below (the “Sherman Companies”) provide me with proof of a valid assignment by producing a written assignment agreement which has been properly acknowledged by the parties.

Anson Street LLC

Ascent Card Services II LLC

Ascent Card Services, LLC

Ashley Funding Services LLC

Granite Asset Management LLC

Limestone Asset Management LLC

LVNV Funding, LLC

PYOD LLC

Resurgent Capital Services L.P.

Resurgent Capital Services PR LLC SFG REO, LLC

Sherman Acquisition II Limited Partnership

Sherman Acquisition L.L.C.

Sherman Acquisition Limited Partnership

Also I demand a complete unbroken chain of title beginning with the original creditor from there to each assignee in that chain, and show proof that the last assignee had legal standing to assign this to LVNV Funding LLC and show that LVNV Funding had legal standing prior to being assigned to Resurgent.

If you cannot show proof then I demand that you delete the tradeline from all of the 3 major Credit Bureaus or I will file a complaint with FTC as well as with the Attorney General in the state of Texas; and file a lawsuit, due to the face that you have violated FDCPA.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Edited December 20, 2011 by mooredb

[Informed]

Thanks!!! - Ok here is my letter I am going to send to Resurgent. How does it look??? Should I send a letter to LVNV Funding too? I will need to also double check on what Texas laws state.

To Whom It May Concern:

This letter is being sent to you in response from a letter I received by Resurgent Capital Services L.P. on December 7th, 2011 and December 12, 2011 stating that LVNV Funding LLC has assigned this account to Resurgent Capital Services L.P. to collect on a debt that you state I owe.

I am demanding that Resurgent Capital Services L.P. and it’s related following companies below (the “Sherman Companies”) provide me with proof of a valid assignment by producing a written assignment agreement which has been properly acknowledged by the parties.

Anson Street LLC

Ascent Card Services II LLC

Ascent Card Services, LLC

Ashley Funding Services LLC

Granite Asset Management LLC

Limestone Asset Management LLC

LVNV Funding, LLC

PYOD LLC

Resurgent Capital Services L.P.

Resurgent Capital Services PR LLC SFG REO, LLC

Sherman Acquisition II Limited Partnership

Sherman Acquisition L.L.C.

Sherman Acquisition Limited Partnership

Also I demand a complete unbroken chain of title beginning with the original creditor from there to each assignee in that chain, and show proof that the last assignee had legal standing to assign this to LVNV Funding LLC and show that LVNV Funding had legal standing prior to being assigned to Resurgent.

If you cannot show proof then I demand that you delete the tradeline from all of the 3 major Credit Bureaus or I will file a complaint with FTC as well as with the Attorney General in the state of Texas; and file a lawsuit, due to the face that you have violated FDCPA.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Let me add this, Tenn Law states "that an "assignee" is responsible for ensuring that an ''assignor" is in compliance with Tenn Law (some such language...not exact). Had this been mine, in this case Resurgent is responsible for ensuring LVNV is licensed as a Debt collector in Tenn. ( neither Resurgent or LVNV is licensed)...and in this case, the mere fact either one "commenced" collection by sending their initial communication(dunning) letter can be interpreted as a violation of code, to which I would have been entitled to statutory damages and or damages for "abuse, harassment, oppression and stress"....not to mention Civil damages as may be imposed by the Tenn Collection Services Board...and getting real nasty, possible Criminal penalties as might be imposed by the State of Tennessee, which the State does have authority to impose. If a consumer files a sworn complaint with the Tenn Collection Services Board, the Board is committed to follow thru with the complaint by sending a certified letter to the company or companies in question within 14 days and by law, those companies are required to reply with 20 days after receipt. By the way, Tenn code states that " a consumer is entitled to statutory damages, even if no actual damages have been suffered and any company is liable for any technical violation regardless of how small or infrequent"

THOROUGHLY REVIEW THE LANGUAGE IN YOUR TCPA !

Now if Texas law has similar language, it may be that Resurgent does not have Legal standing in Texas....and you might be able to nail both companies

I've helped friends in Tennessee deal with Resurgent and LVNV...they've all gone to sleep....no further communication !!

Edited December 20, 2011 by Informed

[1stStep]

Sadly your wasting your time with this letter.

They're not required to provide you with anything beyond the name of the original creditor and the amount claimed you owe. Nothing more.

[Informed]

Sadly your wasting your time with this letter.

They're not required to provide you with anything beyond the name of the original creditor and the amount claimed you owe. Nothing more.

Not at the moment perhaps...but will be required to provide answers in court if litigation becomes an issue....that's the message to the debt collector, which if the have any level of understanding at all ,will understand the intent of the letter. AND they are or will be required to show proof of legal standing, ownership, assignment and authority to collect...mere conjecture is not legally sufficient.

Without proof of ownership it's like somebody wants you to pay for a used automobile...even though the party doesn't have a clear title;

"well, uh, no I don't have a clear title...must be around here somewhere... but go ahead and pay me anyway. I know I bought this car from that other guy...if he sent me a clear title, I must have lost it ! But I know you have to pay me for the car..even though I don't have a title or any proof you owe this other guy.

Edited December 20, 2011 by Informed

[1stStep]

Having sued LVNV, I know from experience that they will provide you the bare minimum of information...everything else I got was by subpoena.

[BV80]

Having sued LVNV, I know from experience that they will provide you the bare minimum of information...everything else I got was by subpoena.

Agreed. I was sued by LVNV, and they only provided the minimum at that time. A detailed DV requesting information they're not required to provide is a waste of ink.

[Informed]

Agreed. I was sued by LVNV, and they only provided the minimum at that time. A detailed DV requesting information they're not required to provide is a waste of ink.

BUT... Is LVNV required to be licensed in your state/s and if so,Is LVNV licensed as a Debt Collector in your state/s and do they have location managers in your states ? All Debt collectors are required to comply with license requirements in the State of Tenn, otherwise they have an uphill battle and a lot of explaining to do. A case can be decided not only on the documents a debt collector provides or fails to provide but also on whether or not they are in compliance with state laws. if they are not licensed in Tenn, they don't have legal standing to collect or commence collection....plain and simple.

[mooredb]

I found out in Texas they have to be bonded. And it appears they both are bonded.

Section 392.101 of the Texas Finance Code prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State.

If you are in Texas - here is the site to check Debt Collector Search

According to these FDCPA laws, they are in violation. They did not send the validation notice within 5 days of my initial communication. So from the way it looks, I can only file a complaint against them for not sending me the notice within 5 days.

At this point I'll hire an attorney to help out with this. I have a few more collection agencies that haven't even sent a validation back yet. And the 30 days will be here at the end of December....So maybe it's a good idea to send DV letters around the holidays...since staffing is probably low.

Don't forget about these laws... I just noticed a got a DV letter back from another collection agency and they are in violation of several of these laws.

30 Day Validation Notice

§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

§ 1692 g(a)(1) Must state Amount of Debt

§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed

§ 1692 g(a)(3) Must state Right to Dispute within 30 Days

§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer

§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor

§ 1692 g( Collector must cease collection efforts until debt is validated

Edited December 22, 2011 by mooredb

[BV80]

According to these FDCPA laws, they are in violation. They did not send the validation notice within 5 days of my initial communication. So from the way it looks, I can only file a complaint against them for not sending me the notice within 5 days.

The letter from Resurgent contains the 30 day validation notice. Am I missing something?

[mooredb]

I got my DV letter back from Resurgent. The letter stated " We have taken necessary actions to ensure you will not receive no further communications from Resurgent Capital Services L.P. - Please find the validation of debt that verifies this debt."

Also what's more interesting is they also sent me a DV on a debt I had 7 years ago.

So I guess my next step is to work out a settlement with them to pay for deletion.

Maybe I am reading this wrong...BV80 I just read the law § 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

Does this mean if they don't communicate back to you within 5 days after they receive your letter, that they are in violation?