Jump to content

DV sent directly to JDB


Recommended Posts

Evening, folks. Here's the skinny--

At some point, LVNV acquired a 3 y/o Chase account. I'm not sure if they are the first purchaser or if they merely purchased it from some other JDB. Anyway, they hired Richard J. Boudreau & Assoc., LLC to collect. They sent me the standard letter: We represent LVNV, give us your money, we are a debt collector, you have 30 days, etc. etc. They also began calling.

I responded the very next day with the "Kitchen Sink" DV letter (I know, "bad" move--I've since reformed). I never heard from them again. I seem to remember the atty adding a collection record to my CR. Maybe they didn't--I can't remember, but if they did, it's now gone.

Of course, LVNV's collection record still remains on my CR.

Question/Point of Interest: I had heard/read/inferred something somewhere that a JDB adding a collection record to your CR technically constitutes a collection action. With this belief, I sent them a DV letter using the address they gave to the CRA. The letter was returned as undeliverable--incorrect address. Then, I disputed their record with all 3 CRAs. They all came back verified with a new address. I then sent another DV letter to the updated address and received the return receipt on 03/29/12. The next day, I resubmitted a dispute to all 3 CRAs for this account, using the "I have no knowledge" option. In doing so I'm hoping to catch them in an FDCPA violation.

Question/Point of Interest: What does it all mean? O.K.--that's vague. How about this: Do I really, as I've read on the forum, have to serve LVNV a summons and complaint before they'll even acknowledge my existence? If you haven't figured it out yet, my objective is to have their entry removed from all of my CRs. I don't want to assume that RJB (their atty) dropping their demand means they didn't want to sue because they know they didn't have any solid evidence. That's quite the chain of assumption and I don't want to get my hopes up. But there it is--LVNV--just sitting there, haven't been contacted by another CA in five months. I want it gone.

Any feedback is greatly appreciated.

Link to comment
Share on other sites

Did you dispute with the CRAs? If not, do it...you might get it deleted.

///

Just as a note, I have extensive experience suing LVNV for FDCPA and FCRA violations...

My second CRA dispute was initiated the day after I received the CMRRR stub back. Just playing the waiting game now.

Thank you for mentioning that. I'd love to know more about your experience with them if you have the time to spare.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

LVNV sued me in the wrong state...then they claimed that I lived in the county court which I was sued in...sued them in Federal in AZ...case lasted about 15 months...they lost on summary judgment and they decided against going to trial - and gave me $1k, my attorneys got about $38k, they paid $44k to defend.

The alleged debt was $4k.

Link to comment
Share on other sites

Sweet justice. :) You'd think they'd figure MSJ would fail given the circumstances--can't believe they took it that far.

As I stated above, I sent a first batch of CRA disputes and LVNV came back as verified. Now I've sent LVNV a DV and redisputed with the CRAs. If they do not validate with me after a reasonable time period (say 45-60 days), do you think their initial validation with the CRAs would constitute an FDCPA violation? My logic tells me yes: they failed to validate a debt when directly requested by the consumer. Any communication they made with the CRA validating the debt prior to that would have been false. Thoughts?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.