LVNV Funding BBB Complaint Response?

[KingAcro]

LVNV Funding BBB Complaint Response?

‎09-10-2013 08:59 AM

I sent a complaint to the BBB for LVNV to see if I could remove them off of my credit report.  This is what I received.  Any help in fighting this?

September 4, 2013 

Better Business Bureau of Upstate South Carolina  

408 N. Church St. Suite C 

Greenville, SC 29601-2164 

RE:      name; Case/File No. 00000000

Previous Creditor:  Arrow Financial Services, LLC 

Original Creditor:  Bank of America, N.A. 

Current Owner:  LVNV Funding, LLC 

Account Number:  00000000000

Reference Number:  00000000 

Current Balance:  $3,679.62 

Please note that Resurgent takes its customer service and consumer protection obligations very seriously and has significant staff dedicated to its compliance related functions in order to identify, resolve and permanently correct operational deficiencies or improve upon customer concerns.  We respectfully disagree with Mr. Scott’s statements regarding our company’s practices. Furthermore, we have an A+ rating with the Upstate South Carolina Better Business Bureau.   

This letter is in response to your correspondence dated August 21, 2013 regarding the above referenced account.  LVNV Funding, LLC (“LVNV”) currently owns the account number ending in 0826.  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.  The account was previously sold by Arrow Financial Services, LLC (“Arrow”) on or about September 30, 2011.  As of the date of this communication, the account balance is $3,679.62.  Please review the following account information:  

1. This account originated on February 10, 2005 with Bank of America, N.A. (“BOA”) and was opened with Fia Card Services N.A. (“FIA”). 
2. This account charged off on November 29, 2008. 
3. The last payment in the amount of $10.00 was received on July 31, 2008. 
4. No payments have been received on this account since Resurgent started servicing it in September 2011. 

Receipt of this complaint is the first communication, written or otherwise that Resurgent has received from regarding the above referenced account.   In accordance with the Fair Credit Reporting Act, a request to update the LVNV tradeline as “disputed” will be submitted to the three major consumer reporting agencies during the next reporting cycle.  

Resurgent utilizes third party collection agencies to service accounts on its behalf. This account has been placed with various agencies for servicing since LVNV’s acquisition. Any notification requirements for this account would have been met by these collection agencies. 

The consumer reporting agencies reporting guidelines have defined a “factoring company” as a company or individual who purchases accounts with the intent of collecting debts owed.  Therefore, the term is accurate in this situation and the account is reported correctly. 

If, after review of the above referenced information,  believes this account is fraudulent, we ask that he provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC’s website: http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf.   

If this account was paid or settled in full; then, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint.  

In addition, if  has any correspondence to/from BOA, FIA and/or Arrow concerning his dispute, it may help with our investigation, so please have him forward it to: 

Compliance Department    or     Fax:  866-467-0918 

MS 250 

P.O. Box 10497                        

Greenville, SC 29603 

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374. 

Sincerely, 

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Compliance Department                                               

Resurgent Capital Services L.P. 

Edited to remove names.  guiness56, myFICO Moderator

[KingAcro]

I sent a complaint to the BBB for LVNV to see if I could remove them off of my credit report.  This is what I received.  Any help in fighting this?

September 4, 2013 

Better Business Bureau of Upstate South Carolina  

408 N. Church St. Suite C 

Greenville, SC 29601-2164 

RE:      name; Case/File No. 00000000

Previous Creditor:  Arrow Financial Services, LLC 

Original Creditor:  Bank of America, N.A. 

Current Owner:  LVNV Funding, LLC 

Account Number:  00000000000

Reference Number:  00000000 

Current Balance:  $3,679.62 

Please note that Resurgent takes its customer service and consumer protection obligations very seriously and has significant staff dedicated to its compliance related functions in order to identify, resolve and permanently correct operational deficiencies or improve upon customer concerns.  We respectfully disagree with Mr. Scott’s statements regarding our company’s practices. Furthermore, we have an A+ rating with the Upstate South Carolina Better Business Bureau.   

This letter is in response to your correspondence dated August 21, 2013 regarding the above referenced account.  LVNV Funding, LLC (“LVNV”) currently owns the account number ending in 0826.  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.  The account was previously sold by Arrow Financial Services, LLC (“Arrow”) on or about September 30, 2011.  As of the date of this communication, the account balance is $3,679.62.  Please review the following account information:  

1. This account originated on February 10, 2005 with Bank of America, N.A. (“BOA”) and was opened with Fia Card Services N.A. (“FIA”). 
2. This account charged off on November 29, 2008. 
3. The last payment in the amount of $10.00 was received on July 31, 2008. 
4. No payments have been received on this account since Resurgent started servicing it in September 2011. 

Receipt of this complaint is the first communication, written or otherwise that Resurgent has received from regarding the above referenced account.   In accordance with the Fair Credit Reporting Act, a request to update the LVNV tradeline as “disputed” will be submitted to the three major consumer reporting agencies during the next reporting cycle.  

Resurgent utilizes third party collection agencies to service accounts on its behalf. This account has been placed with various agencies for servicing since LVNV’s acquisition. Any notification requirements for this account would have been met by these collection agencies. 

The consumer reporting agencies reporting guidelines have defined a “factoring company” as a company or individual who purchases accounts with the intent of collecting debts owed.  Therefore, the term is accurate in this situation and the account is reported correctly. 

If, after review of the above referenced information,  believes this account is fraudulent, we ask that he provide a completed police/incident report regarding the fraud, or a notarized fraud or identity theft affidavit in order to help us resolve this matter.  Blank forms are available at the FTC’s website: http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf.   

If this account was paid or settled in full; then, the settlement offer, cancelled check(s), and/or confirmation of payment in full would help us resolve this complaint.  

In addition, if  has any correspondence to/from BOA, FIA and/or Arrow concerning his dispute, it may help with our investigation, so please have him forward it to: 

Compliance Department    or     Fax:  866-467-0918 

MS 250 

P.O. Box 10497                        

Greenville, SC 29603 

If you have any further questions, comments or concerns, please contact Customer Service at 888-665-0374. 

Sincerely, 

<vath o:extrusionok="f" gradientshapeok="t" o:connecttype="rect"><o:lock v:ext="edit" aspectratio="t"> 

 

Compliance Department                                               

Resurgent Capital Services L.P. 

Edited to remove names.  guiness56, myFICO Moderator

[Shokk]

That's pretty much their standard reponse.  What did you file the complaint for?  Did you DV before that?  More info please.

[KingAcro]

Here is the original complaint.  I thought the debt validation was in the complaint?  Do I have to send the DV seperately?

LVNV is showing up on my credit reports and without proper notification, as I received no dunning notification per required by the FDCPA legislation.
I writing you to lodge a formal complaint against LVNV Funding LLC. This debt collector placed marks on all three of my credit reports (Equifax, Experian, and Transunion) without proper notification, as I received no dunning notification per required by the FDCPA legislation. Credit reporting is considered collection activity. When I attempted to send debt validation to the address they provided, the notification was sent back to me return to sender, as the address was inaccurately listed on my credit report. This company has an F with the Better Business Bureau, and has effectively destroyed my chances of getting a mortgage, as they have also incorrectly listed these accounts on all three credit reports instead of a collection account. Additionally, they have listed this item as a Factoring Lender, when per FCRA collection companies are not. I am requesting your office look into these allegations and help me procure a deletion from all three credit reporting agencies until this company can successfully validate my debt as they are mandated by law to do. I am considering legal action against LVNV, however, I felt compelled to urge your office to help me in my crusade to remove LVNV Funding and reestablish my name and credit. I am not sure if this debt is mine or not, however, their inability to provide correct addresses, and their intentional act of misleading their reporting should be enough to sue them, and should be enough for your office to force their compliance in this issue. I hope you can help me out in this matter, as I am going through the mortgage closing process and this one account has completely derailed my home purchase. Thank you very much for your time!   

[Shokk]

You definitely need to send a DV letter.  I understand you did that and it was returned.  Call them and ask for their mailing address.  They may ask you for social, etc., I wouldn't give anything, just ask for the mailing address.  Be sure and send it CMRR.  Unfortunately, it looks like they will be able to validate, which doesn't require very much.

If the DV isn't timely, they don't have to respond unless you have state laws that say otherwise.  Texas laws require a reply regardless of when sent.  not sure about any other states.  That said, most will reply either way.