10-25-2012 05:02 PM
I got a letter from them today. This is the initial communication. They begin by claiming Resurgent Capital Services, LP as their client, However, elsewhere in the letter they identify LVNV as the current creditor. The original creditor was First Premier Bank.
Google let me know that Resurgent and LVNV are affiliated entities.
They're claiming a balance of $1256.04, but will settle with me for $376.81. There's no way this debt, which is way past the SOL, was any more than $400. I need to find out if they're legally allowed to add these fees and interest either by contract or state law.
Oddly enough, at the end of the letter, they state:
"The law limits how long you can be sued on a debt. Because of the age of your debt. LVNV Funding LLC will not sue you for it, and LVNV Funding LLC will not report it to any credit reporting agency."
I've never seen such honesty from a collection agency.
However, they failed to give me any of the spiel about validating the debt, the initial 30 days, basically all the info contained in § 809. Validation of debts of the FDCPA.
That's a very basic miss on their part.
Obviously, I have no intention of sending them a dime, but it seems they've violated my rights.
Has anyone ever dealt with them?
10-25-2012 10:45 PM - edited 10-25-2012 10:47 PM
Looks like you've got yourself a Zombie there. It's past the SOL and past the CRTP. It does look they are contacting you in a positve manner by telling you it is. It will probably be sold again and you'll have a bottom feeder on your hands. I know you said you don't want to send them a dime, but have you thought about offering them $50 to kill the debt and not sell it? Just a thought. Good Luck!
myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.>> About myFICO