How to respond to LVNV - BBB

[PaigeAMJ]

I have 2 separate accounts with LVNV being reported with 6 different sets of information. I have DV'd them for the last 4 years and they have just sent back the computer printout. I decided to try through BBB, now I am stuck at how should I actually respond. Can anyone help or point me in the right direction?

 

Problem

Nature of Complaint: Billing or Collection Issues - No Detail Provided Problem:

LVNV, as listed on my credit report, are attempting to collect a debt that they haven't proven is mine. I know nothing of this alleged debt and want strict proof of it or it should be deleted.

Desired Outcome

Desired Settlement: Other (requires explanation) Desired Outcome:

I want these accounts deleted immediately.

Complaint Background

Not all of these questions are required.  Please provide as much information as you have. 1. Product/Service Purchased:   

Dates you complained to the company/organization

Name of Sales Person

 

 

This message is in regard to your complaint submitted on 5/18/2013 3:12:32 PM against Resurgent Capital Services LP.  Your complaint was assigned ID XXX.

The business has sent the BBB a message regarding this complaint, and we are passing it on to you.  The contents of this message are below or attached.  Please respond to this message within 10 days or the complaint will be closed.

The text of your complaint may be publicly posted on the BBB web site (BBB reserves the right to not post in accordance with BBB policy). Please do not include any personally identifiable information in describing the nature of your complaint. By submitting your complaint, you are representing that it is a truthful account of your experience with the business. BBB may edit your complaint to protect privacy rights and to remove inappropriate language.

 

MESSAGE FROM BUSINESS:

 

 

May 23, 2013

           

 

Linda J. Bentley

408 N. Church St. Suite C

Greenville, SC 29601-2164

 

 

RE:      

XXX

 

Previous Creditor:  North Star Capital Acquisition LLC

Original Creditor: Wells Fargo Bank, N.A.

Current Owner: LVNV Funding LLC 

Account Number:  

Reference Number:  

Current Balance:  

 

Dear Ms. Bentley:

 

This letter is in response to your correspondence dated May 20, 2013 regarding the above referenced account.  LVNV Funding LLC (“LVNV”) currently owns the account number ending in XXX.  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.  The account was previously sold by North Star Capital Acquisition LLC (“North Star”) on or about December 30, 2011.  As of the date of this communication, the account balance is $4,127.89. Please review the following account information:

 

1. This account originated on March 19, 2007 and was opened with Wells Fargo Bank, N.A. (“Wells Fargo”).
2. This account charged off on August 31, 2008.
3. The last payment in the amount of $130.00 was received on January 22, 2008.
4. No payments have been received on this account since Resurgent started servicing it in December 2011.

 

All rights to collect were transferred to LVNV when this account was purchased from the previous creditor.  Therefore, this account is being reported to the three major consumer reporting agencies.  The original creditor also retains the right to report the history of this account from the origination date to charge off.

 

 

In response to an electronic credit bureau dispute received on April 11, 2012, verification of debt with validation was sent to XXX on April 12, 2012 in compliance with the Fair Debt Collection Practices Act (“FDCPA”).  Enclosed is a copy of this letter for your records. Please note that receipt of this complaint is the first written notification our office has received regarding this account.

 

In accordance with the Fair Credit Reporting Act, the LVNV tradeline is being reported as “disputed” with the three major consumer reporting agencies. It will continue to report as such for the appropriate time period based upon the facts we have currently.

 

 

If after review of the above referenced information XXX believes this account is fraudulent, we would ask for a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC’s website:http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf.  If this account was paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint.  In addition, if XXX has any correspondence to/from North Star and/or Wells Fargo concerning her dispute, it may help with our investigation, so please have her forward it to:

 

Compliance Department    or     Fax:  866-467-0918

MS 250

P.O. Box 10497                      

Greenville, SC 29603

 

 

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

 

Sincerely,

 

P. Holladay

Compliance Department                                             

Resurgent Capital Services L.P.

Enclosure

 

 

 

I have reviewed the response made by the business in reference to complaint ID XXX, and have determined that this does not resolve my complaint. 

LVNV stated in the letter that they are operating as Resurgent, however, the only company on my credit report is from a "LVNV". The April 2012 date that you refer to is when your company, LVNV, reinserted the account on my credit report after you failed to provide legal validation that I asked for and not the first debt validation as your asserted in your response. I have disputed with the company in accordance with 15 USC § 1692g since 2009, with proof, by myself, and 3 other third parties and have never received what I asked for nor what is required by law, however, the Credit Agencies confirm that you certified the debt was mine electronically. Also, LVNV is reporting on my credit credit that this account is Open and continues to update 120+ late status every month. LVNV has also confirmed in this response that they inflated the alleged debt by their own illegal standards (15 USC 1692e) as well as reporting different information to each Credit Reporting Agency.

 

My credit reports state the LVNV is a Factoring Company that is in collections but your attached validating refutes this information (15 U.S.C. § 1681 et seq.).

 

As a consumer, I have fulfilled all of my obligations to verify this alleged debt with LVNV. As a collection company, LVNV (or whatever alias they would like to operate under) have blatantly broke many of the consumer rights given to me as a citizen of the United States. If you cannot come to an agreement within allotted time by law to have this account removed from my credit report, than a Judge will need to make a final decision.

 

 

 

This letter is in response to the additional concerns submitted by XXX dated May 29, 2013 regarding the above referenced account. LVNV Funding, LLC (“LVNV”) currently owns the account number ending in XXX. Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV. Therefore, XXX’s statement about LVNV reflecting on her credit bureau is correct.  However, Resurgent does not operate as LVNV, but rather, services accounts on their behalf. 

 

The only communication that Resurgent received from XXX

 

 prior to receipt of this complaint was a dispute that she submitted electronically through the credit bureau. To which, Resurgent responded in the adequate time permitted by providing the corresponding information to the respective credit bureau. Furthermore, Verification of debt with validation was mailed to XXX

 

 in compliance with the Fair Debt Collection Practices Act (“FDCPA”). 

 

 

There appears to be some confusion regarding the credit bureau reporting of this account. In most cases, creditors charge off accounts once they are 120 days or more past due/delinquent.  The statement “120 days past due” is generally how a charged off account is defined by the credit bureaus.  Due to the account being charged off, the bureaus still report it as 120 days past due.  This comment is added by the bureaus to further define the account; therefore, this statement cannot be altered.

 

Furthermore, the consumer reporting agencies define factoring company as a company or individual who purchases accounts with the intent of collecting debts owed.  Therefore, the term is accurate in this situation.

 

We respectfully disagree with XXX’s statements regarding the interest accruing on this account being unlawful.  We can charge interest and are charging six percent.

 

 

The tradeline will not be deleted; however, it is being reported as ‘disputed’ to the three major consumer reporting agencies. It will continue to report as such for the appropriate time period based upon the facts we have currently.

 

We hope this addresses the additional concerns submitted by XXX

 

.  If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

 

 

Sincerely,

 

 

 

J. Odom

Compliance Department                                             

Resurgent Capital Services L.P.

 

 

[admin]

If this account is really not yours, a lawsuit is the only way to resolve this.  I think you have thoroughly exhausted the BBB route.  Save the letters, though, you may need them in the suit. 

[willingtocope]

Just my opinion, but I agree that if this account is not yours, its time to go to court.

 

(And, as an FYI...companies pay dues to the BBB to become members.  Consumers DO NOT pay the BBB for reports or recommendations on BBB members.  Therefore, the BBB does not arbitrate disputes between their dues paying members and the non-paying consumers.  At best, the BBB may (repeat, may) keep a record of any complaints filed against dues paying members, but a company has to really, really, really screw up (as in get convicted of fraud) in order to get kicked out of the BBB).

[shellieh98]

Well the good news is, if they file suit on you, the account is out of the SOL.  If they try to sue you for it, it is time barred, and you will have a FDPCA case.