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Please...need help w/LVNV!!!!

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honeybrook1
Regular Contributor

Please...need help w/LVNV!!!!

I tried the advice on here about dealing with DV-did this with LVNV.  They did not respond within the 30 days.  Sent CRA's a letter stating that I did not hear from LVNV in the alloted time frame, so to please delete.  All 3 stated that the info that I sent them was not acceptable, and all 3 validated the LVNV acct. Smiley Sad I really need this account off-I know I'd be in the 700's if I can do this!  Sears is the OC-it's been a CO since late 2003.  The amount that LVNV wants me to pay is crazy!!  Should I contact Sears and work out a payment with them?  What should I do?

Starting Score: 718
Current Score: 718
Goal Score: 800


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Message 1 of 11
10 REPLIES 10
azsassycat
Frequent Contributor

Re: Please...need help w/LVNV!!!!

I saw this in another post and thought it may apply to your situation:
 
II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.
 
"Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8).
 
 
My question - can you dispute a debt with the CA if they don't provide validation?
 
Cathleen
10/22/07 (FICO) EQ 544 EX 520 TU 518
03/04/08 (FICO) EQ 606 EX 599 TU 601
04/24/08 (FICO) EQ 600 EX 580 TU 608
06/02/15 (FICO) EQ 578 EX 561 TU 589
Message 2 of 11
Anonymous
Not applicable

Re: Please...need help w/LVNV!!!!

You can sue the CA and file complaints with the state AG and FTC...
 
try this letter to the CA
 

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

 

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

 

As of ( DATE that you received their letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter, as this debt was PAID in FULL (year)

 

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

 

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

 

Message 3 of 11
honeybrook1
Regular Contributor

Re: Please...need help w/LVNV!!!!

Thanks, Lady Scarlett.
 
Has anyone tried a letter like this and had success?  Is this basically what Lexington Law would do?

Starting Score: 718
Current Score: 718
Goal Score: 800


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Message 4 of 11
Anonymous
Not applicable

Re: Please...need help w/LVNV!!!!

yes send the letter that LADY posted...goes to the CA  CMRRR.
 
When you sent letter to the CRA  did you also send copy of CA letter AND copy of GC and Cert.# ?
 
Also complain to AG in both ststes, your's and their's....file with the FTC  www.ftc.gov
 
Im guessing that you disputed again with the CRAs.  The CA is in violation if they verified after 30 days!!
Message 5 of 11
honeybrook1
Regular Contributor

Re: Please...need help w/LVNV!!!!

Yes, I sent the CRA's copies of all of those things.  How can what I sent them be viewed as "unacceptable evidence"? Smiley Mad  I can do all these things myself...Lexington Law basically just accomplishes it faster that I can?

Starting Score: 718
Current Score: 718
Goal Score: 800


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Message 6 of 11
honeybrook1
Regular Contributor

Re: Please...need help w/LVNV!!!!

WOW!
 
Checked my EX report-LVNV is off!!Smiley Very Happy  YAY!!  Need to check the other 2 and see if this is the case for them as well!!  This increased my score 20 points!! Thanks, everyone for all of the advice!! Did it without Lexington Law after all!Smiley Happy

Starting Score: 718
Current Score: 718
Goal Score: 800


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Message 7 of 11
dpr73
Valued Member

Re: Please...need help w/LVNV!!!!

Honey,
 
I just finally got LVNV off my EQ today. That were not licensed to collect in my state so I disputed with CRA's to get them removed. TU and EX didnt take time but EQ took forever. Good luck!
Message 8 of 11
Anonymous
Not applicable

Re: Please...need help w/LVNV!!!!

May I ask you how old your LVNV account was on your report and did you owe the OC still. My husband has them on his report and we disputed but the CRA said it was Vaildated by LVNV.
 
Thanks,
Debbie
Message 9 of 11
honeybrook1
Regular Contributor

Re: Please...need help w/LVNV!!!!

Same here dpr73,
 
I wrote the CRA's to get them removed after LVNV never responded to my DV request.  Waiting to see if TU and EQ will do what EX did.  Congrats on your removal from all 3!Smiley Happy
 
 

Starting Score: 718
Current Score: 718
Goal Score: 800


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Message 10 of 11
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