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Next step with stubborn LVNV?


Jena29
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I have a stubborn collection lingering that I need to get rid of. LVNV Funding.

 

I have researched them fairly well on here, I am just not sure what to do next.

 

1. I disputed with credit bureaus. All verified.

2. I sent a DV letter. No response.

 

I have not received anything from them (just thought I would try a DV), but in order to pursue our mortgage, I need this gone.

 

Should I:

 

1. 623 Method (or is this only for OC?- in this case was Credit One Bank- who is also reporting a C/O-  DOLA: 4/2008.)

 

2. Offer to do a PFD?  The amount is now $1198 - it goes up $5-$10 a month.  

 

 

Worst case scenario, broker said we will just have to pay it so it shows up as "paid" - I hate these guys though, and don't want them to win...

 

Any advice?

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Credit One Bank is owned by the same company that owns LVNV, the Sherman Companies. http://en.wikipedia.org/wiki/Credit_One_Bank They will have the media to support their claims. Send another DV to LVNV's office in Charleston, SC. and explain you wrote a dispute to the CRAs and LVNV verified it without a response to your DV. This is an FCRA violation.

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Depending on who you are getting the mortgage with, one possibility I have heard about being done is to escrow a full payment for a listed debt with the creditor listed as a party that can take those funds, and yourself only after SOL.  In the case I heard about, the bank holding the escrow accounts was the same one that granted the mortgage so that may have factored into their acceptance of the idea.  The justification for that case was that clearing a debt with a JDB was known to take time, and this was a means to expedite matters to not delay the mortgage.

 

What if the JDB never gets informed of the escrow account?

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Credit One Bank is owned by the same company that owns LVNV, the Sherman Companies. http://en.wikipedia.org/wiki/Credit_One_Bank They will have the media to support their claims. Send another DV to LVNV's office in Charleston, SC. and explain you wrote a dispute to the CRAs and LVNV verified it without a response to your DV. This is an FCRA violation.

 

This is incorrect.  The poster said he/she has never heard from LVNV.  Therefore, they were not required to respond to the DV before verifying with the CRAs.  In addition, if the DV had been timely, verifying with the CRAs might have been an FDCPA violation, not an FCRA violation.

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I have a couple collection accounts on my credit reports in which I have never heard from them- what's the best tactic there after disputing with the credit reporting agency? If they don't have to respond to the DV, what do they have to do to prove the can collect the debt?

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Right, busy here at home, FDCPA. However, the OP sent a dispute to the CRAs then DV'd LVNV. LVNV never replied and 'should' have made the change to the CRA as under dispute.

 

When you dispute with the CRAs, they mark the entry as disputed.   The entry really can't be marked twice.

 

Also, a DV is not necessarily a dispute unless you make that distinction in the letter.  If all you do is to request validation, that's not a dispute.

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When you dispute with the CRAs, they mark the entry as disputed.   The entry really can't be marked twice.

 

Also, a DV is not necessarily a dispute unless you make that distinction in the letter.  If all you do is to request validation, that's not a dispute.

Actually it is possible to mark it twice, behind the scenes.  The programming might only display ONE dispute notation that just does not say whether the dispute comes from the data furnisher, or is recorded by the CRA itself.  The do keep full records of what data furnishers provide, outside of the consumer file.  That data might not even be scanned for a credit disclosure, though.  It might be archived to tape.

 

But it doesn't matter.  If either source marks it disputed and they only have one display of dispute status, then it should be displayed as such.

 

I agree about the DV not being a dispute.  It could just be someone looking for enough info to do a search of their own records.  But I have heard many times of CAs/JDBs jumping to the wrong conclusions about many things, not just assuming a DV means a dispute.

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Look for a consumer attorney in your state, retain them, and sue LVNV.  If you're not looking for any money out of them, they will just delete the tradeline.  As for a valid cause of action, I am sure that they are reporting inaccurately which in of itself is a FDCPA violation.  Just takes one.

 

Therefore, and let me stress this, get a consumer lawyer in your state with experience against LVNV.  Pay them.  Request that your attorney just seek tradeline deletion and LVNV will be happy to do so in consideration of dismissal with prejudice.

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