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Frequent Contributor
IWOL
Posts: 462
Registered: ‎12-17-2012

LVNV Reinserted collection after deleting 10 months ago

I had a collection account from LVNV that I believe was for an old charged off CC. The OC is no longer on my report.

Anyhow LVNV had all sorts of errors I their reporting. The DOFD was incorrect, wrong balance and it was reporting as a open account.

I filed a BBB complaint in December of 2012. They responded and agreed to delete the collection and it was deleted sometime in February of 2013. I pulled my reports from USAA today and I see the collection popped back up on EX only so far.

What is my best course of action here? I believe I printed out the BBB response but the file is at my office so I won't know for sure till Monfay.

I do have the original complaint number from the South Carolina Berea but the link that I had from them with the details is expired? not sure if it is retrievable on their website but I would imagine that they keep records of complaints.

They have also now reported the collection with a totally different balance and I can't see the DOFD on USAA.

Should I dispute this directly with LVNV and fax them a copy of their response where they say they have agreed to delete the collection or should I dispute with the CRA and send the a copy of the BBB complaint and LVNV response?

Should I file new complaint with BBB referencing previous complaint and resolution.

Maybe all of the above. It took a lot of hard work to get rid of LVNV, very frustrating when they just randomly reinsert.
Senior Contributor
DaBears
Posts: 3,923
Registered: ‎10-26-2012

Re: LVNV Reinserted collection after deleting 10 months ago

The CRA has 5 days to send you a letter of why they allowed the CA to relist a deleted account. I just won a lawuit against Midland for doing the same thing. The judge made Midland wipe the account from existences and they paid a total of $5800.00, $4800 goes to my attorney and by FDCPA law I was entitled to $1000.00

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008

Re: LVNV Reinserted collection after deleting 10 months ago

Having it removed with a BBB complaint and not a dispute with the CRAs are two different things.  Only a dispute and removal with the CRA allows that stipulation of reinsertion with a notice from the CRA within 5 days.

 

 

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: LVNV Reinserted collection after deleting 10 months ago

+1

Reinsertion of previously deleted information is only restricted if the furnisher failed to verify the accuracy in the course of a prior formal dispute under the FCRA.

They must first provide the lacking verification of accuracy before the CRA can reinsert.

 

The issues involved in the BBB complaint relate to the specific reporting of DOFD, balance, and collection status of open.

If those items had been or are now disputed, the resolution would be the correction or deletion of those items, not of the collection itself.

Deletion of the collection would only be based on a dispute of the debt itself or of their lack of authority to collect on the debt.

You can send them a direct dispute, to which they must either verify the accuracy as reported, or correct their reporting of those items.

I dont see deletion of the collection as a required outcome of any such dispute, as those are all required items that must be included under any reported collection.

 

You can always contact the BBB and register a new complaint.  The debt collector has no obligation to respond, and lack of response would be limited to the BBB posting that fact in their records.

 


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