Dealing with 2nd CA after LVNV did not validate debt

[Anonymous]

Wonderful - THANK YOU!!!!  BAM!

[Anonymous]

LVNV funding and their guilty twin, resurgent capital, have been described as practicing credit report thugary. It seems they purposefully attempt to regularly place damaging and often innaccurate tradeline data on numerous consumer credit reports with the major credit reporting agencies. They attempt to throw the same hogwash data on consumer reports in a multitude of states across the country. Their practices have been considered less than honorable and very questionable.

[Anonymous]

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beach123 wrote:

Do you think they'll back off when I file in Small Claims?

As for validation in 30 days - please advise where this is stated because I read on myFico forum they can take all the time in the world.

Also -Lady - where did you find proof that it's each time reported for a violation?  An Atty I contacted about this a while back stated it is NOT each time, it's ONE time for each violation.  I was thinking I could sue for 12 months worth!

Thanks - I hate these guys too, but it's almost over!  I'm hoping they just don't schedule the required mediation ordered by the judge...to me that's not following the order, and I have done nothing since the local CA is the one suing me on behalf of LVNV!

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BEACH   this is how the 30 days works   it matters when not on CR and when it is already on CR

If you get a phone call from a CA....they have 5 days to send a letter with all info   who the OC is amount and address

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              It is NOT on you CR:

NOW  YOU have 30 days to dispute (DV) them.....once they sign for your DV  they must answer the DV  within 30 days.........IF they answer they can NOW  report      If they do not answer they can NOT report!

              IF it is ON your CR

You send a DV  CMRRR    they must answer within 30 days OR stop all collections until they answer.

At no time do they HAVE to answer  but if they don't they are in violation if they report or even send you a letter!!!!!!!!     They can start reporting at any time after they answer your DV  even if it is months later.

[Anonymous]

Contact your State Attorney Generals Office and file a complaint and let them know you have documentation if they would like to have it for their case. Try to get a complaint case number if they will give it to you.

Also file a complaint with the Federal Trade Commission for violating the FDCPA on 3 counts and FCRA on 3 counts. Also get the complaint case number from the FTC site.

Send copies of both the Complaints with the AG and the FTC and also the DV letters to the CRAs and let them know that you are well aware they are reporting inaccurate information that LVNV has not validated.

The CRAs also are legally liable for reporting inaccurate information if it has been brought to their attention. They also know full well that LVNVs common practice is to push the envelope.

Inform the CRAs that no "Media" has been provided by LVNV or its CAs to validate the debt as required and requested. Additionally add that they are only checking against an entry in their Database which happens to be incorrect that was bought wholesale on the Junk Debt Market.

The last couple of things with letting the CRAs know they are on the hook also usually does the trick even if LVNV tries again.

[sunnyday]

This CA is a scumbag!  We sent DV CMRRR to them, they never answered and still ended up getting a judgement against my boyfriend.  He went to court and the CA did not have any proof that the debt was his.  It was word against word and we did not have an attorney.  The judge signed and awarded the judgement to the LVNV, Resurgents Capital, Sherman Aquisitions, they go by many names, so whoever you want to call them, they got the judgement.  We live in PA, and a CA doesn't have to be licensed to collect in the state of PA.  Long story short, they have now frozen his bank account, because in our state, you can not attach wages for garnishment to pay for credit card debt.  The only thing you can do is freeze somebodys bank account.   My advice to you, get an attorney, before your court hearing because you will need one against these creeps.

[Anonymous]

Please see my thread from 1/31/08 i list all of the other names that LNLV uses, if you see any of them o  your report,  they are just passing the debt back and forth between their own company, kinda like passing around vd around during an orgy .They use all these different names because they think that the average person is to lazy or too stupid to connect the dots. i had 4 of the names on the list all trying to collect on the same debt at the same time. They dont validate, they pass it to another name on the list and then lie and say that they passed it on before you asked for validation.

[Anonymous]

I just checked my letters...I originally disputed the debt upon initial receipt from 3rd CA back in Dec. 2005 (this was after 2 other CA's, and I used the same letter)...

• No response was ever received; at that point I didn't know better than to do CMRRR...
• In April 2007 after going back & forth with the 3rd CA, I had requested validation of said debt
• In April 2006, I had requested validation of debt from 3rd CA - NO WORD WHATSOEVER...until the Summons and yes I did answer it but apparently I should have reminded them then that they had NOT provided validation of debt?  So they should NOT proceed?  What they did include for validation was some credit card statements
• Back & Forth, Back & Forth and now it seems as though I'm going to possibly owe something depending on the outcome of the "determination of how much" - my argument is they are NOT collecting for the OC; they bought the account and are collecting purely for profit - hopefully it will redce the b.s. amount.

FYI - Capital Management was the 2nd CA that had tried to collect, I sent them the same letter above in Nov 2005, never heard boo - stay on them, let them know you KNOW your rights!!!

My final piece - I know I can still go after LVNV because they are & have been reporting my account as 120 days past due for the longest time and until NOW reading the forum, I didn't know it wasn't supposed to report that way.  Recently someone pulled my credit and they reported me 90 days late TWICE!  CRAP on them and yes, the AG will hear about it!

Message Edited by beach123 on 02-17-2008 08:37 PM