Reply
Regular Contributor
jsk300
Posts: 104
Registered: ‎10-26-2007

How many violations can I sue LVNV/TU/EXfor

Ok, I need to know how many violations I can sue for, or more to the point, how much money I can extract out of LVNV's financial pockets!  Here is my story:
 
  1. Sent 1st DV request in 10/07, LVNV did not respond.
  2. Sent 2nd DV request in 12/07, 15 days to respond, LVNV did not respond.
  3. Sent MOV to TU & EX, who verified the account and did not provide me the MOV
  4. Sent 3rd request in 01/08, 5 days to respond.  Received another Dunning letter  from Capital Management who indicated they were collecting on behalf of Resurgent and all of their entities (LVNV included)
  5. Sent 2nd MOV request to TU & EX advising them I did not ask them to verify I asked them for the MOV.  TU's reply was "no validation documents available".  EX reply was they do not provide that info and must be obtained by the data furnisher
  6. Sent demand to delete LVNV's TL along with all copies of my letters to them, copies of all CMRRRs, and copies of my MOV's to both TU and EX.  Both CRA's say they have investigated this and my dispute is considered "frivolous".
 
Every time I disputed this (at least 3 times), LVNV verified and updated, without providing my any validation documents.
 
I believe I have them for violating FCRA 623(a)(1)(A) for reporting inaccurate information (Factoring account, 1 month term, Open account, 2 different DOLAs). I should also have them for violating FDCPA, 809(b) (continued collection activity).   Can anyone of the mods let me know if this is correct, and can I get them for any other violations, and what is the maximum I would be able extract from their bank account.  I want these clowns to pay.
 
Thanks.
TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007

Re: How many violations can I sue LVNV/TU/EXfor

The dunning letter is a violation-
 
You need to speak to a consumer lawyer- He will be able to find how many violations that can be proved.
 
NACA.net is a great place to find one- The consult should be free-
Valued Contributor
ivyalmighty
Posts: 1,451
Registered: ‎03-19-2008

Re: How many violations can I sue LVNV/TU/EXfor

I disagree with the mod on NACA.net. I live in one of the biggest cities in CA, and not a single lawyer listed on NACA.net was current. Most of them, the phone numbers didn't even work anymore... maybe NACA was a good resource at one time, but the website seems to have lost its steam. The one lawyer I could get a phone number for, it went straight to VM and it was a personal cell phone VM -- no answering service, nothing.

I ended up going through the yellow pages and then asking the lawyers I contacted if they were with NACA. Kind of worked it backwards, but that is how I got my answers. I would contact a lawyer, I just wouldn't count on NACA.net to steer you anywhere helpful!

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
FICO Score - The Score that matters
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+