I received this response...from the BBB complaint I filed against LVNV Funding for failing to validate...can ANYONE tell me what I should do now?????.....
COMPANY'S RESPONSE:
September 8, 2008
Previous Creditor: HSBC/Best Buy
Current Creditor: LVNV Funding, LLC
Account Number: xxxxxxxxxxxxXXXX
Reference ID: XXXXXXXXX
Current Balance: $972.61
Better Business Bureau
408 N. Church St., Ste. C
Greenville, SC 29601
Re: slyhouse08; Case No. XXXXXXX
To Whom It May Concern,
This letter is in response to your correspondence dated August
25, 2008 regarding the above referenced complainant. This
account was purchased from HSBC on April 20, 2006 and is now
owned by LVNV Funding, LLC (“LVNV”). Resurgent Capital Services
L.P. (“Resurgent”) manages accounts owned by LVNV. All rights to
collect this account were transferred to LVNV at the time of
purchase. Following is the account information for your review:
1. HSBC has advised that this account originated with Best Buy on
7/12/2004.
2. This account charged off on 8/31/2005.
3. The last payment, in the amount of $15.00, was received by
HSBC on 4/25/2005.
4. No payments have been received since purchase in April 2006.
Legal validation in accordance with Fair Debt Collection
Practices Act (“FDCPA”) was mailed to slyhouse08 on January 12,
2007, in response to his credit bureau dispute received in our
office on January 11, 2007. It appears there is a
misunderstanding as to our requirements to validate a debt. The
FDCPA provides that if a consumer disputes a debt, he/she has the
right to request validation of the debt within thirty days of his
receipt of the first collection letter. Specifically, it states:
If the consumer notifies the debt collector in writing within the
thirty-day period described in subjection (a) of this section
that the debt, or any portion thereof, is disputed, or that the
consumer requests the name and address of the original creditor,
the debt collector shall cease collection of the debt, or any
disputed portion thereof, until the debt collector obtains
verification of the debt or a copy of a judgment, or the name and
address of the original creditor, and a copy of such
verification or judgment, or name and address of the original
creditor, is mailed to the consumer by the debt collector. 15
U.S.C. § 1692g(b).
The FDCPA does not define the term “validation,” but the term has
been interpreted by the Federal Trade Commission (“FTC”) and the
courts. The FTC stated that validation “is intended to assist the
consumer when a debt collector inadvertently contacts the wrong
consumer at the start of his collection efforts.” FTC Staff
Commentary on the FDCPA, 53 Fed. Reg. 50097, 50108-09 (Dec. 13,
1998).
The courts have adopted a similar interpretation, stating:
[V]erification of a debt involves nothing more than the debt
collector confirming in writing that the amount being demanded is
what the creditor is claiming is owed; the debt collector is not
required to keep detailed files of the alleged debt. See Azar v.
Hayter, 874 F. Supp. 1314 (N.D. Fla. 1995), aff’d, 66 F.3d 342
(11th Cir. 1995), cert. denied, 516 U.S. 1048 (1996). Consistent
with the legislative history, verification is only intended to
“eliminate the… problem of debt collectors dunning the wrong
person or attempting to collect debts which the consumer has
already paid.” S. Rep. No. 95-384 at 4 (1977), reprinted in 1977
U.S.C.C.A.N. 1695, 1699. There is no concomitant obligation to
forward copies of bills or other detailed evidence of the debt.
Chaudhry v. Gallerizzo, 174 F. 3d 394, 406 (4th Cir. 1999), cert.
denied, 528 U.S. 891 (1999). Verification of a debt requires more
than simply resending the same collection letter that prompted
the consumer to dispute the debt. The debt collector should
verify that the amount demanded is what the creditor claims is
owed.
In the present case, we have contacted the original creditor and
verified that the amount demanded on this account is the amount
that the creditor claims is owed. If slyhouse08 believes this
account is fraudulent, we will need a copy of 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). If this account was paid in full,
we will need a copy of the settlement offer, cancelled check(s),
and/or confirmation of payment in full. Additionally, if slyhouse08 has any correspondence to/from HSBC or Best Buy regarding
this dispute, it should be forwarded with the requested
documentation to:
Compliance Department or Fax: 866-467-0918
P.O. Box 10497
Greenville, SC 29603
If we do not receive additional information from you or slyhouse08
within 45 days of the date this letter is received, then we will
assume the dispute is resolved. If you or slyhouse08 has any
additional questions or concerns, please contact Customer Service
at 888-665-0374.
Sincerely,
M. Holcombe
Compliance Department
Resurgent Capital Services L.P.
__________________________09/08/08__________________________
Starting Score: 511