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New Contributor
Posts: 52
Registered: ‎07-06-2013
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LVNV closed account instead of deleting it. Can they do that?

Hello team. I sent a DV letter to LVNV concerning a debt that I disagreed with concerning the amount and date that they were reporting. I asked that if they could not provide me with proof to delete the account. Instead they just closed it but left the date and amount due on it. Can they do that as a collection agency? Thanks in advance...

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Valued Contributor
Posts: 2,698
Registered: ‎03-15-2012
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Re: LVNV closed account instead of deleting it. Can they do that?

Are you saying that the status of the CA is "closed," or the derogotory shows "account status: closed/open collection?"

New Contributor
Posts: 52
Registered: ‎07-06-2013
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Re: LVNV closed account instead of deleting it. Can they do that?

The account shows "closed" but it still is showing a balance on it.


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Valued Contributor
Posts: 2,698
Registered: ‎03-15-2012
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Re: LVNV closed account instead of deleting it. Can they do that?

[ Edited ]

If you can post a pic of the CA (with your personals blocked) that'd make it much easier to determine the reporting.

 

I'm going to assume it's the worst kind, as they're blowing off your DV, and updating the collection to "closed" as in "you paid it off."

 

I'm not exactly sure off the top of my head, but that should fall under FDCPA 609(b). May want to double check me. If it fits, it's easily remedied, as they have to validate, or remove. No collection activities can continue once the DV is issued in a timely fashion, until they validate the debt. That also includes reporting/updating.

 

*edit:

Is there a notation on the bottom of the CA summary, along the lines of "consumer disputes/reported by subscriber," or similar?

Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
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Re: LVNV closed account instead of deleting it. Can they do that?


Darius1976 wrote:
Hello team. I sent a DV letter to LVNV concerning a debt that I disagreed with concerning the amount and date that they were reporting. I asked that if they could not provide me with proof to delete the account. Instead they just closed it but left the date and amount due on it. Can they do that as a collection agency? Thanks in advance...

When did you send the DV?

 

Did they repsond with a letter?  And what do you mean the 'closed' it? The wording is important as well as the listing..

 

Please show us how its exactly listed if possible

 

-scott

 

 

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
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Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Epic Contributor
Posts: 22,397
Registered: ‎01-17-2008
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Re: LVNV closed account instead of deleting it. Can they do that?

When a CA closes an account, it means they are no longer collecting the debt.  They must report a 0 balance.

New Contributor
Posts: 52
Registered: ‎07-06-2013
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Re: LVNV closed account instead of deleting it. Can they do that?

Received a letter from BBB today that LVNV will be deleting the collection account. Smiley Happy

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Community Leader
Epic Contributor
Posts: 25,712
Registered: ‎03-19-2007
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Re: LVNV closed account instead of deleting it. Can they do that?

I am glad to see that deletion will clear it up.

 

If they dont follow thru and delete, then I agree totallly with Guinesses' comment.

What a debt collector reports is the amount of asserted debt that they are attempting to collect,either for themselves or another.

If they close their collection, that by definition means they are no longer collecting, and thus the balance under collection must be updated to $0.

 

If the reporting remains, send the debt collector a direct dispute of the accuracy of their reporting of a balance under collection when they no longer have an active collection.

 

 

 

 

 

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Valued Member
Posts: 30
Registered: ‎06-19-2013
0

Re: LVNV closed account instead of deleting it. Can they do that?

I got a transunion alert this morning that I assume read the same.
ALERT: 1 account closed since last update
Company: LVNV
Type: Personal
Opened: 9/25/12
Limit:0
Balance: 435.00

Please advise. Thanks so much!

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