Credit rebuilding

[score_raiser]

Ok guys. I'm getting hold on my finances. I've paid settled deleted and all that. But I have one left. The oc is credit one bank. It has been closed and sold to lvnv funding. I was notified I account this summer for first time when I got a dunning letter from the attorney weltman &reis. I immediately called attorneys. Rep was a** and rude. I immediately said I disputed the debt and requested debt validation. I know I should of certified mailed it but got caught in the emotion of it! I ten went to attorneys website and found email link. I emailed the attorney office requesting debt validation for the second time within 30 day time frame. Nothing materialized from either request. Nothing from lvnv or from attorney. No calls no letter nothing.. Flash forward to today. I'm paying everything off for a new morgage. Banker tells me lvnv is still there! Open on 2 reports. Closed on one. But did recently update as of December 14,2014. That is months after I requested dv disputed the debt... My broker tells me to pay it and be done with it... It's true lily stopping my morgage! What can I do? I have emailed murray&murray naca attorney..but they are on vacation... Can they still update without giving me dv as I requested???

[Anonymous]

Lack of validation does not require removal. It merely places a cease collection bar. I don't know for certain if the cease collection bar means the item cannot be updated, I have heard that is the case, but I'm not certain.

You're sort of on the horns of a dilemma. Yes, you might have a case against LVNV that could potentially get the item removed (and maybe even put money in your pocket), but OTOH you're in the middle of trying to get a mortgage. The first might take more time than you're willing to give the second....

[RobertEG]

The FDCPA does not explicitly define what is or is not "collection on the debt" that is covered by a cease collection bar.

Case law varies.  The FTC and CFPB have clearly come down on the side that any reporting to a CRA is for collection on the debt, and this thus barrerd once a timely DV has been received.

You could pursue a violaltion of FDCPA 809(b) if you choose, either by was of complaint to the CFPB or your own civil action, but resolutuion of that side-issue does not make the initiat reporting of the collection improper,and thus is extremely unlikely to result in any requirment to delete that reporting.

Possibly a slap on the hand by the CFPB or damage award under the FDCPA if civil action is brought.

A simple update is not an overt collection activity, so I would not expect a lot of ire on the part of the CFPB.

[score_raiser]

Ok guys here's the update.. My attorney contacted collection agency.. He wasn't very nice lol. He threatened to sue for fdcpa as you all stated. End result lnvn "decided" it was in their best interest to purge account after they recieved the copies of both my debt validation requests. I did have to sign paperwork that acknowledge I would not sue and they agreed to purge account and remove it from my credit file completely as if it never existed!!!
Who would of thought, attorney has more weight in ca eyes... Cost me $100 bucks to gain credit points.... Priceless...

[gagirl82]

Thats awesome! Enjoy your new home!!

[score_raiser]

Thanks so much..we're looking at houses this week lol!!!