cancel
Showing results for 
Search instead for 
Did you mean: 

LVNV aka Resurgent BBB complaint, help please!

tag
Bdruben
New Member

LVNV aka Resurgent BBB complaint, help please!

I've been trying to get these guys off my credit report for some time now. Never got a letter from them or anything. all of a suddent the account popped up when i applied for a car loan. what should be my reply? ive lived in different places over the past few years and never got this letter they claim to have sent me. also notice they claim it took them over a year to send the validation and verification letter. also this alleged debt is past the SOL and less than a year out of the 7 year, date of first delinquency, but it popped up under lvnv in nov 2011 Smiley Mad

 

here is the complaint i filed, followed by their reply.

 

 

I found out from the credit reporting bureaus Equifax, Transunion and Experian that there was a negative account under "LVNV Funding LLC" under account number xxxxxxxxxxXXXX. Resurgent/LVNV has failed to provide any legal validation or a dunning letter in accordance with the Fair Debt Collection Practices Act. I am seeking proof that this debt is mine and will require a copy of the original contract under which the credit account was obtained, as well as monthly statements since the debt was purchased. I have sent several letters, including notarized formal validation letters seeking this verification and to this date Resurgent/LVNV has failed to provide the information requested. Resurgent/LVNV is clearly in violation of the Fair Debt Collection Practices Act and I will seek legal action against this company for the practices if the issue isn't resolved immediately.Resurgent/LVNV Funding has not provided the undersigned with any evidence to substantiate its claims that this debt is a legitimate debt. Further, there has been neither proof that LVNV Funding has permission to collect this debt, nor have they provided previous verification of this debt. Finally, I have received no information that Resurgent currently possesses any documents of this debt. Since this company has failed to provide any evidence of the claims made in their response, I am led to believe that neither LVNV Funding or Resurgent Capital Services possesses adequate documentation to collect this alleged debt. In order to provide proof that this is a legitimate debt of over 7 years and they have the right to collect this debt.Until the above referenced documentation is provided, the undersigned's position is that this debt does not exist and a reporting error has occurred. Finally, unless this documentation can be provided, Resurgent/LVNV Funding shall immediately remove this account from all three (3) credit reports and shall be subject to any and all costs, including attorneys fees, should I pursue this matter further.

 

 

 

 

 

 

 

MESSAGE FROM BUSINESS:

August 30, 2013 

             

 

 

RE:      me

Previous Creditor:  xxxx, LLC 

Original Creditor:  xxxx, N.A. 

Current Owner:  LVNV Funding, LLC 

Account Number:  xxxxxxxxxxxxxx

Reference Number:  xxxxxxx

Current Balance:  $1x,xxx.xx

 

Dear xxxxxx,

 

This letter is in response to your correspondence dated August xx, 2013 regarding the above referenced account.  LVNV Funding, LLC (“LVNV”) currently owns the account number ending in 2758.  Resurgent Capital Services L.P. (“Resurgent”) is the servicer of the account owned by LVNV.  The account was previously sold by xxxxxxxxxxx on or about October xx, 2011.  As of the date of this communication, the account balance is $1x,xxx.xx.  Please review the following account information:  

 

  1. This account originated on November xx, 2003 with xxxx and was opened with xxx Card Services . 
  2. This account charged off on September xx, 2007. 
  3. The last payment in the amount of $xxx.00 was received on March xx, 2007. 
  4. No payments have been received on this account since Resurgent started servicing it in October 2011. 
  5. Verification of debt with validation was mailed to Mr. XXXX on October xx, 2012 in compliance with the Fair Debt Collection Practices Act (“FDCPA”) (copy enclosed).   

 

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. 


In accordance with the Fair Credit Reporting Act, the LVNV tradeline is being reported as “disputed” to the three major consumer reporting agencies.  It will continue to report as such throughout the permissible reporting period unless new information indicates that the dispute should be removed. 

 

If, after review of the above referenced information and enclosed documentation, Mr. xxx 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 Mr. xxx has any correspondence to/from Arrow, BOA and/or FIA 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, 

 

 

Compliance Department                                           

Message 1 of 1
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.