04-24-2013 10:10 AM
Congratulations on your success. Would you please share what you said?
05-06-2013 09:05 AM
Just got an email from the BBB about my complaint with LVNV! Its being DELETED!!!!!!!!!!!
05-06-2013 09:10 AM - last edited on 05-19-2013 06:20 AM by webhopper
It didn't go so well for me! Received this answer to my complaint today:
May 6, 2013
Original Creditor: General Electric Capital Corporation
Current Owner: LVNV Funding LLC
Account Number: xxxxxxxxxxxx
Current Balance: $1,508.84
This letter is in response to your correspondence dated April 29, 2013 regarding the above referenced account. LVNV Funding LLC (“LVNV”) currently owns the account number ending in 3299. Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV. The account was previously sold by General Electric Capital Corporation (“GE Capital”) on or about April 29, 2008. As of the date of this communication, the account balance is $1,508.84. Please review the following account information:
All rights to collect were transferred to LVNV when this account was purchased from the previous creditor. Therefore, this account is being reported to the three major consumer reporting agencies. The original creditor also retains the right to report the history of this account from the origination date to charge off.
The first notification Resurgent received of Mr. Norred’s concerns regarding this account were addressed in an automated credit bureau dispute on April 10, 2013. Therefore, in accordance with the Fair Credit Reporting Act, the LVNV tradeline is being reported as “disputed” with the three major consumer reporting agencies. It will continue to report as such for the appropriate time period based upon the facts we have currently.
Furthermore, the consumer reporting agencies reporting guidelines have defined a “factoring company” as a company or individual who purchases accounts with the intent of collecting debts owed. Therefore, the term is accurate in this situation.
If, after review of the above referenced information, Mr. Norred believes this account is fraudulent, we would ask for a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter. Blank forms are available at the FTC’s website: http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. If this account was paid or settled in full, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint. In addition, if Mr. Norred has any correspondence to/from GE Capital and/or JC Penney concerning his dispute, it may help with our investigation, so please have him forward it to:
Compliance Department or Fax: 866-467-0918
P.O. Box 10497
Greenville, SC 29603
If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.
And my response was a rejection as follows:
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID xxxx, and have determined that this does not resolve my complaint.
The response supplied by Resurgent Capital Services, concerning my complaints against LVNV Funding appears to be a computer-generated form letter offering little more than an amount and a date concerning the alleged debt. I do not understand how this company can claim to be collecting a legitimate debt when they cannot provide any evidence to support the claims that a) this debt is a legitimate debt, b) proof that LVNV Funding has permission to collect this debt, c) they have provided previous verification of this debt), and d) that Resurgent currently possesses any documents of this debt.
Since this company has failed to provide any evidence of the claims made in their response, I am led to believe that neither LVNV Funding or Resurgent Capital Services possesses adequate documentation to collect this alleged debt. In order to provide proof that a) this deb tis legitimate, and b) they have the right to collect this debt, I am requiringthe following documentation as proof:
1. The original contract including mysignature
2. All monthly statements from this accountfrom the day it was opened with the original creditor until it was assignedwith LVNV Funding
3. Contract between GE Capital and LVNV Funding for this account, granting them ownership of this account
4. The monetary amount for which LVNV purchased this account from GE Capital.
5. Day-by-day breakdown of the charges,interest, and fees that LVNV Funding and/or Resurgent Capital Services has added to the account since it purchased the account.
6. Contract between Resurgent Capital Services and LVNV Funding that provides Resurgent with the ability to collecton this account.
Until the documentation requested in this letter is provided, I can only assume that this debt does not exist and a clerical error has occurred. In addition, until this documentation can be provided, I want this account removed from all three (3) credit reports immediately.
Thank you for your help in resolving this matter.
What do you think my chances are??
05-06-2013 09:14 AM
I dont know. LVNV/Resurgent doesnt legally have to provide you with most, if any, of the information you are asking them to send you to verify. What did you say in your original complaint? When is LVNV supposed to fall off your credit report?
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