I need help from anyone who has filed with BBB on LVNV and won. PLEASE HELP!

[simpsondb]

I have sent 3 certified DV and they never signed for them and they were returned to me. I filed a complaint with the BBB and this is the letter I recieved. What do I do next? Please help as I need to get this off my account. I am at a loss on what to do and I don't want to screw this up. It is the only thing on my CR I need to fix. I would appreciate any help.  What do I need to say to them in my response with the BBB?

This letter is in response to your correspondence dated May 9, 2012 regarding the above referenced account. LVNV Funding LLC (“LVNV”) currently owns account number ending in xxxx. Resurgent Capital Services L.P. (“Resurgent”) is the master servicer of accounts owned by LVNV.  The account was previously sold by MHC Receivables LLC (“MHC”) on or about October 16, 2009 at which time the balance was $765.98. As of the date of this communication, the account balance is $1,133.64.  Because interest, payments, credits, fees, and/or other permissible charges can continue to cause the account balance to vary from day to day, you should contact us at 888-665-0374 to determine the exact balance. Please review the following account information:

1. MHC advised that this account originated on November 8, 2007 and was opened with Credit One Bank, N.A.
2. This account charged off on September 14, 2009 with a balance of $765.98
3. MHC advised the last payment in the amount of $20.00 was received on February 3, 2009.
4. No payments have been received on this account since LVNV’s acquisition in October 2009.
5. Enclosed is the charge off bill statement, received from MHC, for this account.

Please be advised that receipt of this complaint is the first written notification we have received from Mr. XXX regarding this account. Due to receipt of a credit bureau dispute on July 13, 2011, this account is being reported as “disputed” with the three major credit reporting agencies.

If, after review of the above referenced information and enclosed bill statement Mr. XXXX believes this account is fraudulent, a complete police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit (blank forms are available at the FTC’s website: www.ftc.gov/idtheft) will help us resolve this complaint.  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.XXXXXXXX has any correspondence to/from MHC and/or Credit One Bank 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 we do not receive additional information from you within 45 days of the date this letter is received, then we will assume this dispute is resolved.  If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

[rckstrscott]

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@simpsondb wrote:

I have sent 3 certified DV and they never signed for them and they were returned to me. I filed a complaint with the BBB and this is the letter I recieved. What do I do next? Please help as I need to get this off my account. I am at a loss on what to do and I don't want to screw this up. It is the only thing on my CR I need to fix. I would appreciate any help.  What do I need to say to them in my response with the BBB?

This letter is in response to your correspondence dated May 9, 2012 regarding the above referenced account. LVNV Funding LLC (“LVNV”) currently owns account number ending in xxxx. Resurgent Capital Services L.P. (“Resurgent”) is the master servicer of accounts owned by LVNV.  The account was previously sold by MHC Receivables LLC (“MHC”) on or about October 16, 2009 at which time the balance was $765.98. As of the date of this communication, the account balance is $1,133.64.  Because interest, payments, credits, fees, and/or other permissible charges can continue to cause the account balance to vary from day to day, you should contact us at 888-665-0374 to determine the exact balance. Please review the following account information:

1. MHC advised that this account originated on November 8, 2007 and was opened with Credit One Bank, N.A.
2. This account charged off on September 14, 2009 with a balance of $765.98
3. MHC advised the last payment in the amount of $20.00 was received on February 3, 2009.
4. No payments have been received on this account since LVNV’s acquisition in October 2009.
5. Enclosed is the charge off bill statement, received from MHC, for this account.

Please be advised that receipt of this complaint is the first written notification we have received from Mr. XXX regarding this account. Due to receipt of a credit bureau dispute on July 13, 2011, this account is being reported as “disputed” with the three major credit reporting agencies.

If, after review of the above referenced information and enclosed bill statement Mr. XXXX believes this account is fraudulent, a complete police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit (blank forms are available at the FTC’s website: www.ftc.gov/idtheft) will help us resolve this complaint.  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.XXXXXXXX has any correspondence to/from MHC and/or Credit One Bank 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 we do not receive additional information from you within 45 days of the date this letter is received, then we will assume this dispute is resolved.  If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374.

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Well, the first problem is see personally is the original account is Credit One. MHC, Credit One and LVNV are all owned by the same parent company, so their documentation on this account is probably pretty good.

I would really go after the points of not receiving a dunning notification and the address being incorrect. They can choose not to respond to a DV, there is nothing that says they have to. But if you have documentation supporting the DVs bouncing, you can hit them with that.

I would respond to the BBB indicating you are not satisified with their response, and indicate in the response exactly how they placed this on your credit report without sending a dunning, and how the address was wrong when you attempted to send a DV letter.

This is what I said in my complaint and it was removed.

There is another poster on this board who received the same response as you, but pushed it a little harder the second time and they removed.

I just fear it maybe more difficult since they likely have all the documentation needed due to the fact Credit One and LVNV are owned by the same company.

-scott