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Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Advice on Convergent/LVNV Funding Dunning

The plot thickens..

 

So In March, as many of you are aware, LVNV popped on my credit report after applying for a mortgage. No dunning, no notification, just placed it on my report. After waiting two weeks to see if I got a dunning, I filed a BBB complaint against LVNV Funding, and the account was removed. LVNV noted in their repsonse that they will no longer be pusuing this debt, and has returned the account to the OC --- so I figured it would reppear sometime from somewhere, possibly another sherman entity.

 

Sometime might be now? I am unsure...

 

Convergent Outsourcing sent me a dunning on this debt this week. They are not reporting on my reports; however they are claiming to be collecting on behalf of LVNV... it is the exact same account, dollar amount (before LVNV added 'fees')

 

Logic says DV; but here is the kicker: They are offering me a settlement of 95 dollars on the debt, which is only 25% of the balance; which for me seems resonable and I don't want this debt to resurface in the future.. also seems to be LVNV is gasping at straws on this knowing they cannot validate..

 

So the question I have is: Do I DV since LVNV claims they returned the account? Or do I assume they lied to the BBB and still has the account, and it would best serve me to pay the 95 dollars to make this debt go away?

 

Or senerio three, I pay it, and LVNV doesn't have the account... then what?

 

Confused as to what to do.. Really, Id like to make all debt I owe go away, so I can continue on my build back into stablity... but I just don't know on this...

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007
0

Re: Advice on Convergent/LVNV Funding Dunning

They are within their rights to terminate their own collection, and secure the assistance of another debt collector if they own the debt.

Since dunning notice advised you that LVNV owns the debt, their dunning notice complied with the statute.

  If they lied about ownership of the debt, then they would be in willful violation of the FDCPA 809(a) requirement that their dunning notice provide "the name of the creditor to whom the debt is owed."  That issue appears to be unresolved, but they have made their representation.

 

Violation of dunning notice requirement does not necessarily constitute evidence of lack of ability to verify the debt.  It just constitutes a separate violation of the FDCPA.

Thus, I see no prohibition against the participation of a new debt collector.

 

Paying the debt, via settlement or in full,  wont necessarily prevent the debt collector, even after payment, from reporting their collection to the CRA.

In your situation, it is common to offer them a modified PFD, asking for their agreement NOT to report in exchange for payment of the debt.

 

 

Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: Advice on Convergent/LVNV Funding Dunning


RobertEG wrote:

They are within their rights to terminate their own collection, and secure the assistance of another debt collector if they own the debt.

Since dunning notice advised you that LVNV owns the debt, their dunning notice complied with the statute.

  If they lied about ownership of the debt, then they would be in willful violation of the FDCPA 809(a) requirement that their dunning notice provide "the name of the creditor to whom the debt is owed."  That issue appears to be unresolved, but they have made their representation.

 

Violation of dunning notice requirement does not necessarily constitute evidence of lack of ability to verify the debt.  It just constitutes a separate violation of the FDCPA.

Thus, I see no prohibition against the participation of a new debt collector.

 

Paying the debt, via settlement or in full,  wont necessarily prevent the debt collector, even after payment, from reporting their collection to the CRA.

In your situation, it is common to offer them a modified PFD, asking for their agreement NOT to report in exchange for payment of the debt.

 

 


Ok I get what you are saying..

 

I think the issue I have, is when LVNV responded to my BBB complaint, they indicated they are 'returning the account to the OC and removing the listing from my reports' -- to me this means they no longer have the ability to collect on this debt, by returning it.

 

That is where I am conflicted. LVNV has told me they have returned the account to the OC. Convergent is telling me they are collecting on behalf of LVNV. How can both be the case? Shouldn't it be one or the other?

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
Regular Contributor
To-Be-Continued
Posts: 197
Registered: ‎06-08-2011
0

Re: Advice on Convergent/LVNV Funding Dunning

So let me get this straight, A collections sent you to collections to collect on this account?

 

On the dunning letter who is listed as the creditor? If LVNV is I believe this to be a big issue. I read some where and Ill try to find it and post back, that a dept buyer cannot be considered a creditor but only as a dept collector. I think they are trying to back door you in an attempt to re-age a dept. I would DV and see how they reply.

 

How old is the dept?

 

TBC

AUDE VIDE TACE :
Starting Score: 684
Current Scores: EQ 796 TU 794 EX 750 (All lender pulls on 2/9/12)
Goal Score: 800 all 3
Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: Advice on Convergent/LVNV Funding Dunning


To-Be-Continued wrote:

So let me get this straight, A collections sent you to collections to collect on this account?

 

On the dunning letter who is listed as the creditor? If LVNV is I believe this to be a big issue. I read some where and Ill try to find it and post back, that a dept buyer cannot be considered a creditor but only as a dept collector. I think they are trying to back door you in an attempt to re-age a dept. I would DV and see how they reply.

 

How old is the dept?

 

TBC



I am not concerned about another collection company collecting on a collection debt. This happens all the time, and almost always happens with LVNV; as per discussed numerous times on this forum. LVNV outsources their collection activities. Usually with Resurgent, but they will use any number of collection companies within Sherman's expansive umbrella. I am also not concerned with any form of reaging, I have the OC information and documentation, I'll have no issues fighting with them on that.

 

My only real question I have; is if LVNV repsonded in my BBB complaint they are giving the account back to the OC, how can Convergent legally collect this debt on behalf of LVNV if they have done what they stated to have done in my BBB complaint from March.

 

Or, if I was to pay the 95 dollars, what happens to it if LVNV has actually returned the debt to the OC, and Convergent is just recycling old information from LVNV

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
Regular Contributor
To-Be-Continued
Posts: 197
Registered: ‎06-08-2011
0

Re: Advice on Convergent/LVNV Funding Dunning

O.K. Good luck.

 

TBC

AUDE VIDE TACE :
Starting Score: 684
Current Scores: EQ 796 TU 794 EX 750 (All lender pulls on 2/9/12)
Goal Score: 800 all 3
Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: Advice on Convergent/LVNV Funding Dunning


To-Be-Continued wrote:

O.K. Good luck.

 

TBC


Anyone else with contributions to this thread?

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: Advice on Convergent/LVNV Funding Dunning


rckstrscott wrote:

To-Be-Continued wrote:

O.K. Good luck.

 

TBC


Anyone else with contributions to this thread?

 

-scott


Update: Resurgent Capital (surprise surprise) sent me 'validation' on this account. An old cell phone bill...... from 1997...... from Ameritech...... A company that hasn't existed in a decade.

 

This debt is clearly outside of all possible SOLs and will not be reporting, as it is well beyond the CRTP.

 

I sent them a C&D... Thanks for contributions!

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
Member
wirelessattract
Posts: 19
Registered: ‎07-17-2012
0

Re: Advice on Convergent/LVNV Funding Dunning

hey scott, im dealing with the same shady company im feeling out the complaint form on BBB. What did you write them so they would remove it or to stop repoting?

 

 

-Cartier 

Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: Advice on Convergent/LVNV Funding Dunning


wirelessattract wrote:

hey scott, im dealing with the same shady company im feeling out the complaint form on BBB. What did you write them so they would remove it or to stop repoting?

 

 

-Cartier 


Ive sent you a PM!

 

Cheers!

scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX

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