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CN2Ride

Last on to remove. LVNV funding

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I have this last item to remove from my report. I have a feeling that if they would respond, I could prove that the reporting period has been exceeded however, nothing from them directly to me. I disputed with all 3 cra's LVNV"verified" I sent a dv to LVNV with a copy of their verification they provided to the cra. I asked them to itemize the amount and show me all charges and credits on the account as well as what info they have to support their claim. 30 days have passed and as expected, no response. I have the certified letter as well as the signature card. If I send this info with a copy of the letter to the cra, what are the chances I can get it removed?

Thanks in advance

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I sent a dv to LVNV with a copy of their verification they provided to the cra. I asked them to itemize the amount and show me all charges and credits on the account as well as what info they have to support their claim. 30 days have passed and as expected, no response. 

 

Debt validation within 30 days only means they have to cease collection activity until they do respond.  That 30 days starts ticking after their INITIAL contact with you regarding the debt.  A consumer sending a DV disputing a trade line does not trigger the FDCPA laws on ceasing collection activity.  

 

The second problem is NONE of what you demanded is required for DV.  If they were going to respond all they have to provide is the name/address of the original creditor and amount they allege you owe.  PERIOD.  Even if they sued you they might not have to provide all the things you listed.

 

I have the certified letter as well as the signature card. If I send this info with a copy of the letter to the cra, what are the chances I can get it removed?

 

ZERO since the FDCPA and FCRA laws do not require they produce any of that.

 

What you can do is take the proof you have that they are illegally re-aging the account to a consumer attorney and see about suing them for that.  The reporting period is 7 years and 6 months from the date of default.  WHEN did you default on the account?

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Per the reporting from LVNV they opened the account in April of 2010. The default/charge off was at least a year before that with the OC

 

An account that defaulted in 2009 can report until 2016 so it isn't too old to report.  The opening date of April 2010 only indicates when they bought the account it does not re-age the original creditor's date.

 

btw, they are reporting that I dispute the information

 

They have to report that you dispute it.

 

I believe I made a payment to LVNV in 2011. 

 

THIS is your biggest problem.  Making a payment directly to LVNV re-aged their account and therefore reset your date for that TL to the date of that payment.  Now they can report until 2018/19 depending on when in the year you made that payment.  You also likely reset the SOL for them to sue you as well.  

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I would simply try a MOV.  Send another letter to the CRAs and say that Account #12345 was recently verified after your dispute and you would like for them to provide to you the method they used to verify this account as well as the name and address of the person who verified the information to them.

 

The CRAs must respond to a MOV request in 15 days.  Usually, I find that their responses are usually just a very generic form letter that describes a general over view of how they handle disputes. It will not contain any other the specific information you requested.  HOWEVER, I also find that if I check my reports again in a couple weeks, I will find that the TL in question has been quietly removed.  The CRAs will remove rather than have the potential FCRA violation against them.

 

This is probably the best chance.  While I find the MOV to work 90% of the time for me, just know that LVNV is very hard to get a removal.  They love to poison credit reports for as long as possible out of spite.  They are like your ex-high school girlfriend with a lot of time and money on their hands.

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@CN2Ride

 

@Clydesmom

 

THIS is your biggest problem.  Making a payment directly to LVNV re-aged their account and therefore reset your date for that TL to the date of that payment.  Now they can report until 2018/19 depending on when in the year you made that payment.  You also likely reset the SOL for them to sue you as well.

 

 

 

Actually, the only way a payment resets the 7-year reporting period is if that payment brings the account to a current status.  That 7 year period is based upon the "date of first delinquency" (DOFD) which is provided by the OC.

 

If the account was already charged off, when that payment was made, it did not reset the 7-year period, and the TL will still fall off in 2016.   However, it most likely did reset the SOL for collection.   CN2Ride, you need to check your state laws for that information.

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