LVNV Issue

[Hammertime]

Hi all,

I've been reading up on LVNV and it seems its going to be hard to work with them. I've recently started credit repair after reading hours and hours of what to do.

LVNV is on my credit report, but have never attempted any collections. An attorney's office in NY has. The listing is for a CareCredit credit card (I'm not denying the debt, I just want LVNV off my credit report) Looks like carecredit charged off/transferred the acct in sept 2007. I've sent LVNV a validation request, only to be answered by said attorney's office. The atty off provided:

RE: Arrow Financial Serv. LLC A/P/O GE Money Bank

Original acct #:

Clients acct #:

Atty reference #:

Judgement Balance: $2,775.89

Creditor/Original creditor: Arrow Financial (same as above)

Merchant: care credit

Debtor name: me

orignal address on acct as given to atty by client : my old address

SSN:

contract date: 11/30/06

Chargeoff date: 8/31/07

Last payment date: 8/24/10

last paid amt: $10

with a copy of the judgement.

high balance shown by care credit on credit report is $1488

LVNV on credit report shows $2738

High Balance $2453

(date opened 9/1/2011)

The judgement was entered against me on 5/19/2010., but the formal complaint shows i should have appeared in court on 11/30/09? Also, received an income execution in Jan 2012 showing Arrow financial vs. me

I prepared a follow up letter telling LVNV they have not provided sufficient evidence for validation.

Have I gone about this correctly to try and get LVNV off my credit report?

Am I being strong armed by this attorneys office?

I'm not really sure what to do, or where to go from here.

Thanks!

ps. I've also disputed the LVNV entries with the credit agencies, and they came back as valid.

[1stStep]

Get a hold of the case file with LVNV...my guess is they sewer served you...

[NeverServed]

call the court ask for the proof of service

[Hammertime]

I'm not even really concerned with the summons at this point. I'm more concerned with LVNV being on my credit report. And if they are on it now, why would I get an income execution NOW from the atty?

[1stStep]

They could collect anytime until the judgment expires.

[Hammertime]

alrighty then.

Next question: am I going about this validation thing the right way just to get LVNV off my credit report?

Does LVNV even have the right to BE on my credit report considering this atty already has trying to collect?

How would i go about getting the case file from LVNV?

[BV80]

Go to the courthouse and give them your name. That way you can get your case file. It should contain information on how you were served. If you were improperly served, you can possibly get the judgment vacated.

LVNV obviously claims to own the debt. Therefore, they can be on your credit report, especially since they got a judgment in court. The attorney attempting collection is probably the attorney who represented LVNV and is collecting for them. Right now, with a judgment, there's no way you can have their entry removed. The only possible way would be to get the judgment vacated, and then go from there to see if you have options.

Personally, my biggest worry would be the judgment. You need to read the NY laws regarding judgment to see what LVNV can do to get the money if you can't get it vacated.

[NeverServed]

Exactly what Bv said. I would start at the court house. You are most certainly not going to get that removed even if you pay the judgement. They usually put ina satisfied judgement.

[Hammertime]

LVNV shows they only own the debt as of 9/11. the judgement is from 2010.

also, care credit sold/charged off the acct. and LVNV shows its a factoring account. Isn't that not possible? WOuldnt my acct still have to be open for LVNV to consider themselves a factoring company acct?

[Coltfan1972]

Based on what you've posted, LVNV is not coming off your report. Sorry, I agree 100% with BV80. You have options, but those are not the options you want to pursue. That's fine and understandable, but LVNV is not coming off your report with a judgement in hand. I don't care who they farm out to collect on it.

[Coltfan1972]

LVNV shows they only own the debt as of 9/11. the judgement is from 2010.

also, care credit sold/charged off the acct. and LVNV shows its a factoring account. Isn't that not possible? WOuldnt my acct still have to be open for LVNV to consider themselves a factoring company acct?

FYI, you're dealing with one of the worst of the worst there is. I don't know about the factoring company, but I do know that LVNV is not doing anything unless you sue them. Unless your letters to them are to lay the foundation for a lawsuit, you're wasting your time with these clowns.

LVNV only responds to notifications that have a summons and complaint attached.

[NeverServed]

I think what your not understanding is. That you can threaten them anything you want. They in the end have a judgement which says YOU owe us and every day you dont pay we are collecting intrest. You have got to call the courthouse. Explain the situation and ask for a file. I had in my case been sued and got a judgement in a state I did not reside in at the time, nor had I 2 years prior. I called the court explained they were nice enough to send the papers to me without me paying anything. Once a judgement is won its up to you to go and do the leg work to have that motion dismissed. Wether it be for improper service.

We can raise our hands and scream to the clouds. We werent served properly. But in the court of law YOU HAVE TO PROVE IT! So get ahold of the proof of service. Then look at it see how it says you were served. Then if it was not correct. You ask how to file a motion to dismiss. You need to state why and have proof. I had all the documentation in the world to prove. I still did not get the domesticated judgement vacated.

Everyone here is on your side and we are rooting for you. No one likes to find out how crappy the system is. Most of us fall into problems for whatever reason.

But it is up to you to handle it. You will not get them to take that off your credit report. The original creditor will give it to as many agencies it takes to get you to cough up the dough. You may find that same account listed 4 other times on the same credit report.

So please take the advice of everyone and go get the paperwork. Sometimes its as simple as a phone call and them to mail it to you.

[NeverServed]

Also some states have statues once its entered its entered nothing you can do. Unless you can prove you werent served. Then you might have a chance. Otherwise maybe try to talk to the original creditor and see if you can settle. Have them satisfy the judgement. Judgements are tricky You can not pay on them and 1 day before that Sol is up they refile and you owe 10 years worth of intrest. Then they have you for another 10 years. So please take the advice

[Coltfan1972]

I think what your not understanding is. That you can threaten them anything you want. They in the end have a judgement which says YOU owe us and every day you dont pay we are collecting intrest.

That's the bottom line right there. In other words, they have the ultimate trump card.

[BV80]

You'll know more when you get your case file.

[AmyBlueClue]

You should really read the findings of the Maryland Office of the Commissioner of Financial Regulation in case number DFR-FY2012-012. It is about 40 pages but it goes into detail on how exactly LVNV Funding LLC (and other Sherman owned companies) do business. I have read it several times. The most interesting stuff starts about half way through the case document. You can read or download the case document in PDF format from the State Of Maryland web site. I am new here so they will not allow me to post any links yet but just go to Google and search on "Maryland DFR-FY2012-012" or "LVNV DFR-FY2012-012" and you will find it.

[acarter]

I have LVNV on my credit report too. They are on mine because of Paypal Buyer Credit through GE Capital. Last November I received a letter from Jacob Law Group stating they are representing LVNV in my case. I, within 30 days, mailed them a validation letter and have yet to hear anything back. In early March, I mailed them a follow up letter giving them 15 days to comply or I will sue. I know they are receiving my letters, because I get a signed confirmation of their receipt. I have mailed out copies of my efforts to the Credit Bureaus.

Now - question - do I sue Jacob Law Group or LVNV?

[BV80]

I have LVNV on my credit report too. They are on mine because of Paypal Buyer Credit through GE Capital. Last November I received a letter from Jacob Law Group stating they are representing LVNV in my case. I, within 30 days, mailed them a validation letter and have yet to hear anything back. In early March, I mailed them a follow up letter giving them 15 days to comply or I will sue. I know they are receiving my letters, because I get a signed confirmation of their receipt. I have mailed out copies of my efforts to the Credit Bureaus.

Now - question - do I sue Jacob Law Group or LVNV?

What did you state in your 1st letter? 15 days to comply with what?

[1stStep]

LVNV only responds to notifications that have a summons and complaint attached.

That's exactly what I did when I learned they sued in the wrong state...

[acarter]

What did you state in your 1st letter? 15 days to comply with what?

Well, account status for LVNV was closed, so I never sent them a DV letter, only Jacob Law Group that claims to be representing them.

Date of their first letter: November 23rd.

Date of my reply: December 18th.

Date of my follow up: March 8th.

The first letter I sent was long winded (before I knew this board existed and I didnt know that wasn't necessary), but it gave them 30 days to comply. I did not hear anything. I waited almost 3 months (I was in the process of moving and I wanted to give them time to react) and then I sent them the follow up letter giving them 15 days to comply or I would sue.

First Letter:

December 18th, 2011

Jacob Law Group

2623 West Oxford Loop

Oxford, MS 38655-5442

Re: Acct # XXXXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on November 23rd, 2011. Be advised, this is not a

refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your

claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to

the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have

any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account;

• Show me that you are licensed to collect in my state; and

• Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or

TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is

found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal

action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this

information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I

will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or

invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this

account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me

immediately.

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 or correspondence sent to 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.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Follow up letter:

Jacob Law Group / LVNV Funding LLC

2623 West Oxford Loop

Oxford, MS 38655-5442

Date: March 8, 2012

Re: Acct # XXXXX

To Whom It May Concern:

I have previously sent you a request to validate my debt, account number XXXXX on December 18, 2011.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I have given you atleast 30 days to remedy the situation, which is a very reasonable period. I have received no reply from you, though I did receive confirmation via mail that you did receive my letter on December 27, 2011. (see attached copy of return receipt)

Since you are still reporting this account on my credit report, you are now in violation of the FCPDA, and are now subject to fines of $1000, which I may collect from you by filing a claim in small claims court. I intend to follow through with the suit if I do not hear back from you within 15 days.

You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

I look forward to hearing from you,

Suffice to say, I have not even been contacted by them. This debt is teetering on the edge of the Statutes of Limitations and LVNV is still reporting on my credit, even though it states "closed" as account status on Experian and Equifax, and states "open" on TransUnion.

Edited April 8, 2012 by acarter

[BV80]

They don't have to respond to your DV request in 30 days. They only have to respond if they want to continue collections efforts. They can wait a year to respond if they want, as long as they don't attempt to collect during that time.

They are allowed to report to the CRAs (credit reporting agencies), because they claim to own the account. The FTC has some opinion letters that state credit reporting is a collection effort, BUT those letters are not precedent in a court of law.

There's no law that says they must remove their entry from your CR if they don't validate the debt. I don't know if there's case law that states otherwise.

Are they still updating their entry on your credit report? If you could find case law (especially case law from the federal courts in your state) that says updating without validating the debt is a violation, you might have a case.

You told them you're going to file suit if they don't respond. Now, you've got to decide your next move.

[mikelyte]

Well Now this seems like the perfect place to make my first post, and thread to follow.

I am in the same state of limbo with LVNV right now as well.

I have requested DV, and follow up with courtesy letters.

I noticed that each day they received those letters they updated the TL on my CR.

JOY!

I have also filed a complaint with the BBB in SC as well. I am waiting for the results of this.

As I have never received anything from LVNV, I do not know what this debt is. But the DOFD shows SOL expired last March, and the TL is due to fall away in 3/13+180 (at least this is my understanding).

I am compelled to try to remove them sooner. Any solid suggestions?

[BV80]

Have you disputed the entry with the credit reporting agencies?

[saytar]

Have you disputed the entry with the credit reporting agencies?

Why waste the time right now? Personally I would be looking for some way to prod them into some kind of action, not sure if they already have good enough violations to prevail............yet.

Look at the state laws and the FDCRA find at least something that appears to be a violation. Then sue..........once they get that they will respond, probably very violently. When they contact you tell them how much you want to make this suit go away. At a mininum, your court cost, mental anguish, and a NDA agreement. Then you work on the CA reports. They can't argue or validate because of the NDA, so you can get it off.

At this point your ONLY options are:

1.Go on the offensive

2.File the Big BK

3.Live with and the shadow of it over you for years and years and.............

[mikelyte]

I just received my response from the SC BBB, and it had this little line in it;

"...The off bureau date for this account is December 6, 2012..."

Is it me, or is it time to just do the happy dance with this one?

Of course be ready for the whack a mole game if they try to sell the account off?