LVNV/ CAPITAL ONE how to attack this collection?

[Shogun]

Just a friendly reminder from you neighborhood mod, please remember to play nicely.

RobertEG and guiness are giving good advice.  myFICO just go by the CROA guidlines that prohibits certain things involving credit repair.  I assure you they are well versed in what can and can't be displayed on here.  You had a BBB complaint and from what I read it was a valid complaint and I applaud you for what you've done to improve your CR.  However the information given is correct.

As strongly as I oppose "bottom feeder" tactics by the CAs, I am also opposed to that same type of tactics by consumers.  I prefer everything up and above board, which I would assume most feel the same way.  So let's all please continue to give good advice and help each other.  

Thank you,

Shogun, myFico moderator

[dodgeball]

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@DaBears wrote:

@+1000 @RobertEG and Guiness56. @ dodgeball, If you are disputing valid debt that you caused and or ignored and seek the easy WAY out just makes no sense to me. you cause the bad debt for what ever reason than when it goes to collections, the CA doesn't have the right to collect on a valid debt cause they had a wrong address? Trust me I hate CA's but if I had a valid unpaid debt I man up and pay it unless there was an ACTUAL specific violations of the FCRA or FDCPA!!!!!! then it's a different story. UNPAID debt stays in your credit file forever until it's paid. I hope to god you're not in the banking industry......poor customers!!!!! I will attend now to people that actually come here seeking the proper help for the proper reasons!!!! 

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Did you read a single fact of my post?  I have knowledge that this certain collection agency does not keep proper validation of debt which is a violation of the FCRA or FDCPA! Rules are just not for the consumer to follow but also collection agencys and banks and financial istituions. If a collection agency can not verify the debt even if it belongs to you they shouldnt be collecting such debt. And just for your info on what I do for a living is far more noble and important than being a banker! 11Bravo for life

[guiness56]

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@dodgeball wrote:

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@DaBears wrote:

@+1000 @RobertEG and Guiness56. @ dodgeball, If you are disputing valid debt that you caused and or ignored and seek the easy WAY out just makes no sense to me. you cause the bad debt for what ever reason than when it goes to collections, the CA doesn't have the right to collect on a valid debt cause they had a wrong address? Trust me I hate CA's but if I had a valid unpaid debt I man up and pay it unless there was an ACTUAL specific violations of the FCRA or FDCPA!!!!!! then it's a different story. UNPAID debt stays in your credit file forever until it's paid. I hope to god you're not in the banking industry......poor customers!!!!! I will attend now to people that actually come here seeking the proper help for the proper reasons!!!! 

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Did you read a single fact of my post?  I have knowledge that this certain collection agency does not keep proper validation of debt which is a violation of the FCRA or FDCPA! And just for your info on what I do for a living is far more noble and important than being a banker! 11Bravo for life

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They don't have to keep it.  Per the FDCPA all they are required to tell you is who is collecting and the amount owed.  If you specifically ask for the name and the address of the OC they have to provide that.  Nothing else.  They are simply required to validate a debt is owed, not verify it is yours.

Thank you for your service.

[dodgeball]

Your correct they couldnt even do that ! That is what i am saying they couldnt even tell me who the original creditor is! 

[xdfanatic]

Thanks everyone for the responses.  So Capital One reports a $0 balance so I take it that actually LVNV owns the debt now? One thing that I might add is that my wife actually tried to work with Capital One and pay the debt long ago.  She says they wouldn't work with her payment terms so she ignored it.  Then later she was contacted by LVNV, at which time she acknowledged the debt and tried to work out payment terms but they wouldn't accept her agreement either.  Now that she has stable income and can pay we want to right the wrong, so to speak.

Basically, I don't want to dispute the debt because if they do have good records they will have instances of situations where my wife tried to work on payment and of course because we actually owe.  Another reason is because Capital One has been very good to me when I was rebuilding.  I was thinking that I should at least try to send a PFD to someone at LVNV, maybe someone with some authority? If that doesn't work then just pay it then ask for GW?  Anyone have contacts on these things? If so can you pm me contact info for someone at LVNV or their parent office who can delete the tradeline once paid?  Lots of questions I know, thank you again for reading.

Also I am not sure if all of the notifications that they have sent have been legal or not,  they discussed this debt with my wife's grandparents too.  I don't really want to pursue this though, unless it is the only way for me to remove an honest debt.  Hopefully you can understand my situation here.

Xd 

[guiness56]

In your case you had a valid complaint.  Not everyone else will be the same.  We can't just file complaints with the BBB or FTC because we don't think they can provide that information. 

The best way to find that out is to send a DV.  If they can't validate, they cannot collect.

[guiness56]

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@xdfanatic wrote:

Thanks everyone for the responses.  So Capital One reports a $0 balance so I take it that actually LVNV owns the debt now? One thing that I might add is that my wife actually tried to work with Capital One and pay the debt long ago.  She says they wouldn't work with her payment terms so she ignored it.  Then later she was contacted by LVNV, at which time she acknowledged the debt and tried to work out payment terms but they wouldn't accept her agreement either.  Now that she has stable income and can pay we want to right the wrong, so to speak.

Basically, I don't want to dispute the debt because if they do have good records they will have instances of situations where my wife tried to work on payment and of course because we actually owe.  Another reason is because Capital One has been very good to me when I was rebuilding.  I was thinking that I should at least try to send a PFD to someone at LVNV, maybe someone with some authority? If that doesn't work then just pay it then ask for GW?  Anyone have contacts on these things? If so can you pm me contact info for someone at LVNV or their parent office who can delete the tradeline once paid?  Lots of questions I know, thank you again for reading.

Also I am not sure if all of the notifications that they have sent have been legal or not,  they discussed this debt with my wife's grandparents too.  I don't really want to pursue this though, unless it is the only way for me to remove an honest debt.  Hopefully you can understand my situation here.

Xd 

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No, they cannot in any way, shape or form discuss the debt with anyone other than you, because you are her spouse.  The only thing they can do is ask for your location.  If they feel they may have more information, they can call again for location information.  That's it.  They have committed a huge violation under FDCPA 805 if they discussed the actual debt with her grandparents.

[xdfanatic]

Dodgeball I do understand what you're saying as well, and thank you for your  posts.  BTW infantry leads the way!

Xd