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Need help with LVNV


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Hi all,


I am fighting with LVNV, here is a breakdown of what is happening and what I've done so far.  I'm at a loss as to what to do next.


Thanks for reading, looking forward to getting some help, I've been tackling this one on my own. This account with LVNV is making me crazy.  It is reporting a dofd that is over a year later than it should be, effectively re-aging this account.  



Here is what I have done so far.


-I disputed with all three cra's.  LVNV verified the info.

-I filed a bbb complaint, LVNV responded with the typical letter and in their letter provided their dates for dofd and original charge off as the same date, oops, Gotcha!

-I disputed again with the cra's asking for reinvestigation, including documentation from the letter from LVNV that they are using the same date for dofd and original charge off date.  All came back verified.

-Filed a rebuttal to bbb saying this is impossible, the dates can't be the same.  LVNV responded saying, not our fault we received that info from the collector we bought the account from. We don't have the paperwork on this account, need another 30-45 days to get the paperwork from the OC and will send it to you then, if available, so hang out and wait while we mess around with your life some more. They already had 30 days several times from the cra disputes, how much time do these jokers get?  This can't be legal?

-I complained against Experian with CFPB for poor investigation, came back with no change.

-Complained CFPB against LVNV and Resurgent... waiting and waiting

-Filed Direct Dispute with LVNV via email to Resurgent, Sherman (just for good measure) and LVNV, the LVNV email bounced back as no good.


What am I missing?  What should I do?  


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We don't have the paperwork on this account, need another 30-45 days to get the paperwork from the OC and will send it to you then, if available


What paperwork did they say they don't have?   Depending on what that paperwork is, I'm not sure how they could verify the account when they were contacted by the CRAs.


Of course, you're correct that the DOFD and charge-off date can't be the same.  However, you've done just about all you can do as far as disputing and letterwriting is concerned, so  I'd see an attorney.


You have an FCRA violation of 1681s-2(b) and an FDCPA violation of 1692e(8).  Check your state fair debt collection laws.  They may have violated state law, as well.

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Here is what they said in their letter:


Regarding the charge-off date and the date of first delinquency, this information was provided by the seller, North Star Capital Acquisition LLC, when the account was acquired by LVNV on December 30, 2011.  Due to this dispute, we have requested account statements from General Electric Capital Corporation (“GE”).  Please advise xxxxx that it may take a minimum of 30 to 45 days to receive documentation from the GE and that we will forward the documents upon receipt, if available. 


This seems just wrong to me because they have already had 30 days and verified MANY times, why should they get another 30-45 days?  They admitted they have no documentation to support what they have been verifying.  They are saying it charged off on 12/08 and the dofd is also 12/08.  I was in California for the duration of the SOL and am now in Michigan, not sure if there are any state violations here.  


I have the CFPB dispute and Direct Dispute with them outstanding.  Should I wait for those results or move fast and get an attorney before they have time to dig up some documents and just update this ick trade line?  I am going for a deletion or pfd. They also offered an identity theft affidavit, it's so tempting to just fill it out and be done with them when I know their reporting is such complete bs.  

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