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LVNV still trying to collect on a debt past SOL. DV'd them...what next?


rufuseven
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Been a while since I've posted folks and I now find myself in a situation where I feel I can get LVNV off my credit report with the right next step.  Let me fill in some background.

LVNV attempted to sue me in court for a debt that was ABOUT to pass the SOL.  Got a summons, answered the summons showed up in court and went into discovery.  The dirt bag lawyer they hired just looked at me like a little bug.  I stared him down (I can be intimidating) and then he stopped the dirty looks.  Left the court a bit worried.

 

They answered discovery with the usual shuck and jive.

 

They could not however, produce ANY documentation with my signature or any statements whatsoever.

 

Court date was set.  I had since left retired from the Air Force and could not make the court apperance.  I then get a notice that the dirtbag laywer showed up and asked for 30 more days to gather more information.  Judge approved since I was not there to object.  New date sent.  I still could not show.  (Im in Texas and the case was in Nebraska).  I then get a post card saying that the dirtbag lawyer drop the case without prejudice.  They could not come up with anything on the original account.  That was in 2011.

 

Fast forward to today.  The debt is now way past SOL.  Guess what, tax time hit and they thought it would be a good idea to ask me to pay off the debt.  I respond with the form ZOMBIE DEBT/DV letter CMRRR.

 

They send me 3 letters all dated within 5 days of the experation of the DV.  Each letter admits that because of the age of the debt they will not sue me.  In their "Verification of Debt" they say this:

 

"LVNV Funding LLC currently owns account number XXXXXXXXXXX.  This account was originated by Citibank (South Dakota), N.A. and recently acquired from Citibank, N.A..  At that time the ballance was $6,000.00 (ish).  As of the date of this communication, the account balance is $8,000.00 (ish).  Because of interest, payments, credits, fees, and/or other permissible charges can continue the account balance to vary from day to day, you should contact us at 1-866-464-1187 to determine the exact balance."

 

 

I then reply with this letter:

 

March 12, 2013

ME
My Addy.
In TX

 

LVNV Funding LLC
PO Box 10584
Greenville, SC 29603-0584

Re: Verification; Re: Acct # XXXXXXXXXXXX

To Whom It May Concern:

            Your reply to my request to stop reporting time barred debt was very vague in regard to a debt you allege to be in my name.  You provided no proof that the debt is indeed mine.  Therefore,  I dispute the validity of this debt in its entirety.

            I would require the following as validation:

Original documented proof of the date of last payment on this alleged debt

The date of last payment on this alleged debt

Original documentation/contract with my legal signature

Original documentation that proves this allege debt is valid

            You indicated in your reply to me that you can provide the address of the original creditor.  This proves nothing and as you know does not meet the criteria as validation or verification.  You also acknowledge the debt is time barred yet you report it as a current debt when I do not recognize it nor have I ever claimed the debt was even mine.  Now that I have disputed this debt you are required to stop reporting on it until you can provide the information requested above to prove the debt is even mine.

            Lastly, let me reiterate my last letter.  Your firm was unable to provide in court validation of this debt.  Since I have now disputed this debt as valid you must answer my requests detailed above.  I keep a very organized account of all my financial records both past and present. Any documentation you provide will be easily researched and compared.  
 

Sincerely,

Me

 

I have just pulled my Cedit Report and see that LVNV is now reporting it as "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)."  The TL is due to fall off mid next year.

 

Now I'm at an impasse because from everything I've read here it says they dont have to really answer anything now.  What would be my next step?

 

Thanks for any help/advice guys!

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Are you now a Texas resident?  How long have you been a TX resident?

 

If I recallcorrectly, after some period of time as a resident you become covered by the TX SOL.  There are also some TX consumer protection laws that are stronger than Federal about time-barred debt.  You might want to check those facts before deciding your next steps.

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If the debt is past SOL anyways, simply send a refuse to pay letter and be done with it. If they contact you again and tell you anything other than what their next actions will be (and they can only do that once), it will be a violation because the refusal to pay is the same thing as a cease and desist letter.

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Thank you for the replies fellas! 

Just a couple of more questions. 

 

Should I go ahead and dispute the TLs with the CRAs? 

 

Because if debt is past the SOL and I tell them I refuse to pay and C&D them why would they make the effort to validate the debt with the CRAs?

 

Just a thought.  Refuse to pay and dispute with the CRAs to try to get it off my CR quicker.  Good idea?

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One problem I see is that many consumers confuse the the issue that there are actually TWO SOL.  One is the SOL in which you can be sued for the debt and the second one is the SOL for reporting it on your credit report.  While it appears that the SOL for bringing a suit has expired the SOL of 7.5 years of reporting it on your CR is not.  

 

Even if the SOL for reporting it on your credit report passes all that means is that you can dispute the information direct with the CRAs as obsolete and get it deleted much easier.  They can continue to try and collect forever UNLESS you send them a cease and desist all activities letter.  

 

If the debt is being accurately reported there might not be anything you can do until next year when it legally falls off.  However, it is free to continue to dispute with the CRAs and JDB hoping they either don't respond or delete it to get rid of you.

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Yes, there are two SOLs.  However, I think the OP's idea to send a refuse to pay and also dispute with the CRAs would work.  

 

I agree but many consumers erroneously believe that once the SOL for lawsuit expires that it can no longer be reported by the CRAs which isn't true.  I realize that we would all LOVE to have the negative entries off our credit reports but the reality is sometimes they are valid and you either settle, pay outright, or live with it for 7 years until legally they can't report it on your credit report.

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I agree but many consumers erroneously believe that once the SOL for lawsuit expires that it can no longer be reported by the CRAs which isn't true.  I realize that we would all LOVE to have the negative entries off our credit reports but the reality is sometimes they are valid and you either settle, pay outright, or live with it for 7 years until legally they can't report it on your credit report.

You're right about this, but it still never hurts to dispute with the CRAs.  

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You're right about this, but it still never hurts to dispute with the CRAs.  

 

I don't think disputing it is the issue.  I see posts on this board and several others where someone finds the negative entry, KNOWS the debt is theirs but is adamant they "WANT IT GONE NOW" and how to do it.  While disputes do sometimes work, the reality is if the debt is properly verified and you owe it it can stay there for 7.5 years no matter what you do.

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I would definitely dispute this. OP already said they couldn't show any proof of this accout when they tried to sue him in court. Easy default judgement....had they had a shred of evidence. He even helped them out by missing 2 court dates.

 

True that some people just want negative info off of their reports, but if it's a given that they can't prove it's validity, why not dispute it?

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"LVNV Funding LLC currently owns account number XXXXXXXXXXX.  This account was originated by Citibank (South Dakota), N.A. and recently acquired from Citibank, N.A..  At that time the ballance was $6,000.00 (ish).  As of the date of this communication, the account balance is $8,000.00 (ish).  Because of interest, payments, credits, fees, and/or other permissible charges can continue the account balance to vary from day to day, you should contact us at 1-866-464-1187 to determine the exact balance."

 

They can only collect these fees if they cannot produce a contract that states such, they do not have it, I'll dig though my case law books and find some case law on this, I am certain there is some case that state they cannot collect these charges.

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I have seen case law some where that reporting to the cra's is continued collection activity. I'll see if I can find it.

 

This would not apply to the OP.  The validation request was not timely, and a C & D doesn't apply to credit reporting.

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  • 2 weeks later...

Well I have disputed the TL's and I am not thinking I can get them off just because the SOL has passed.  I think I can get it removed because they have ZERO documentation.  Plus it's going to fall off next year anyway.  So I'm going to send them a "refuse to pay" letter and let them know that if I get another letter (Other than them telling me they will cease all contact) I'm going to sue their tails.  Thank you for all the great advice guys!  You never fail to disappoint.  I'll update again and let you know how the disputes turned out.

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Well I have disputed the TL's and I am not thinking I can get them off just because the SOL has passed.  I think I can get it removed because they have ZERO documentation. 

 

They don't have to have documentation to validate the TL with the CRAs.  All that happens is the CRA contacts LVNV and says is this TL (account information) (consumer information) valid?  LVNV says yes and the TL is updated and remains.  The ONLY time they have to have documentation is if they go to court.  They don't even have to supply it to you once the initial 30 days to validate has expired.

 

 

 

So I'm going to send them a "refuse to pay" letter and let them know that if I get another letter (Other than them telling me they will cease all contact) I'm going to sue their tails.  Thank you for all the great advice guys!  You never fail to disappoint.  I'll update again and let you know how the disputes turned out.

 

Make sure in the refuse to pay it includes the cease and desist contact otherwise they can continue to contact you and it is not a violation.  

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