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Valued Contributor
slyhouse08
Posts: 2,340
Registered: ‎04-08-2008
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LVNV Funding response to BBB complaint

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__________________________

Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: LVNV Funding response to BBB complaint

Did they send you validation in 2007 after you disputed with the CRA?
 
Is this your debt?
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Member
ayla2007
Posts: 26
Registered: ‎09-26-2007
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Re: LVNV Funding response to BBB complaint

So they are saying THEY dont have to prove your guilt, they are saying YOU have to prove your innocence??
Valued Contributor
slyhouse08
Posts: 2,340
Registered: ‎04-08-2008
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Re: LVNV Funding response to BBB complaint

I have NEVER received validation....just the collection letter that says...the OC name...and the amount...is that validation???...if so...I got it...this is not a fraudulent account...
Frequent Contributor
upinflagstaff
Posts: 365
Registered: ‎07-16-2008
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Re: LVNV Funding response to BBB complaint

[ Edited ]
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).


I knew they would interpret this to mean that they only have to provide validation within the first thirty days after they sent your first dunning letter. They are arguing here that they don't have to validate at any other time.

They do seem to provide information that would satisfy DV. They have the date of first delinquency as well as your last payment. Maybe I'm not interpreting the FDCPA right, but I think they've sent everything they need to and even a little more so you know where you stand with the debt.

Message Edited by upinflagstaff on 09-09-2008 03:20 PM
Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: LVNV Funding response to BBB complaint

FDCPA 809b

(b) If the consumer notifies the debt collector in writing within

the thirty-day period described in subsection (a) 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 any 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. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

 

Many will disagree, but IMO if they mailed you the name and address of the OC or a copy of the verification/judgment, then they have validated.

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Regular Contributor
lafishy
Posts: 110
Registered: ‎06-11-2008
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Re: LVNV Funding response to BBB complaint

what ended up happening here, sly? LVNV isn't responding to my DV requests. I never received a dunning letter.
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Regular Contributor
Cherriwyn
Posts: 140
Registered: ‎06-21-2011
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Re: LVNV Funding response to BBB complaint


sidewinder wrote:

FDCPA 809b

(b) If the consumer notifies the debt collector in writing within

the thirty-day period described in subsection (a) 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 any 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. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

 

Many will disagree, but IMO if they mailed you the name and address of the OC or a copy of the verification/judgment, then they have validated.


Sidewinder:

 

I received this same letter but there are a few things wrong listed in the letter.  1. I responded to their dunning letter; 2.  I never made a payment of $15.00 to them on the date they are stating; and 3. According to HSBC information on my credit file, the DOFL is incorrect.  They are stating I have 45 days to respond, what would you suggest?  I've sent letters to the AG in my home state and SC, still waiting on a response.

 

Thanks,


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Moderator Emeritus
MarineVietVet
Posts: 14,084
Registered: ‎07-14-2009
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Re: LVNV Funding response to BBB complaint

Hi Cherriwyn,

 

This thread is over 3 years old and sidewinder has not been online in almost 2 years.

 

 

 

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Regular Contributor
Cherriwyn
Posts: 140
Registered: ‎06-21-2011
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Re: LVNV Funding response to BBB complaint

Thank you


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