LVNV problems

[creditbroke]

My wife had a collection with LVNV . She set up a payment plan and allowed them to withdrawl the payment directly from our checking account. Everything went smoothly for a year,then a new employee at LVNV took over her account and made major mistakes -doulbed the withdrawl payment just before Xmas causing a $800+ chain reaction of bounced checks.

We instantly had our bank block check numbers 9000-10000 in an attempt to stop them from dipping into our account again, and informed LVNV that they arent allowed this type payment anymore and that we will mail them the monthly payments.

A manager pulled him off the account supposedly ,and told us he has made several major mistakes with customers and he wont be dealing with us anymore.

Not 3 weeks later the same incompetent employee jumped up to like 11,000 check number and again caused our account to go into a chain reaction of bouncing.

Then in an attempt to clean up his mess he called me at 10 p.m one night asking to set-up another payment plan, and we had a very intense converstation.

So,we were forced to open a new checking account "loosing 10 years worth of good account history" just to stop this idiot from causing more damage.

I called LVNV management and came to a settlement agreement shortly after all this.

So my question is this , with the above information do I have any leverage to force them to remove the reporting all together?

This account was settled Jan. 29,2010 and it shows a KD for Feb. and March. Is this common ? Or is the disgruntled employee sitting over there hitting the  "ima screw you forever key"?

[Anonymous]

Wow, that sounds like a question for an atty.   at the VERY least, they should offer u a letter explaining the mistake, so you can take it to your bank to reverse those NSF's/

they were trying to do an electronic payment with me, I told them i'd send a certifed check by certified mail.

hopefully someone here can give u some insight,  I'd consult with an atty, tho.  usually u can find some that will do a free 1st consultation.

good luck to you

[RobertEG]

You only have leverage if you create it.

Go to small claims court and file a cause of action for breach of  contract agreement..

That puts you in the hammer chair.  Now, you have no legal leverage.  Build it and they will come!

[creditbroke]

I like the way that sounds Robert.  Will this force them to answer with an attorney or just take the easy way out and delete the reporting stopping the bull**bleep** adding and subtracting a dollar?

[RobertEG]

It will definately force a legal reply.

No one ever has to hire an attorney. But they will.

My whole intent is not the civil suit, which you would most probably win, but rather your desire for CR delete, througn  pre-trial agreement, deletion of prior reporting to your CR.  This puts you in the power seat..

 i think they will readily agree to CR deletion.

[creditbroke]

I just sent an email to the manager I settled with. I think your advice will result in an instant delete of the account.

And if it doesnt, then they will have to hire an attorney and repay all the nsf charges. I dont think they have a choice but to delete and move on.

[Anonymous]

did they send u a letter explaining their mistake?  how much in NSF's were u charged?  delete or no delete , i'd sue them for that

[creditbroke]

They didnt send anything explaining thier mistake. Allthough 2 different LVNV employees referred to him as an idiot on the phone. We can get a letter from our bank stating what they did to try and stop any future withdrawls from LVNV.

Btw..The manager replied at 1 in the morning-Call me in the morning. Short and sweet,I'd say its a done deal.

Robert we are buying you a steak dinner if this gets resolved.

[Anonymous]

As Robert stated, you certainly have a cause of action for, at a minimum, breach of contract.  If I remember correctly, there may also be a cause of action under the FDCPA.

In any event, when you file you need to be certain to state all the financial harm and emotional distress this has caused you.  Go for the maximum allowed by small claims court and be willing to take actual damages plus TL deletion. 

At this point they have only two realistic choices:  Pay you or else retain an attorney and ultimately still pay you.

[creditbroke]

Update, I just pulled the folder from our old checking acount. And there are tons of nsf charges ,plus tons of recurringoverdraft charges. I'm thinking that forcing us to close a 10+ year old checking account should be worth something in damages aswell.

Heres a small list of charges we have paid -one week my wifes check was completely used and still left a minus balance,and she gets paid bi weekly with a $17 an hour rate.

12/04 TeleSvc fee/eft svcee                       20.00 X 4

12/16 Overdraft charge                                34.00 X 3

12/18    "                 "                                        34.00

12/18   1st continuoue over draft charge 8.00

12/21recurring OC                                      8.00 X3

12/22over draft charge                                34.00

12/23 recurring Overdraft charge              8.00

fee recap

Continuous overdraft              40 YTD

Recurring Overdraft                 48 YTD

Insufficient funds                     170 YTD

Over draft                                   1031YTD

Totals                                          1289 YTD

This continues into Jan 2010 . This is the first I've looked at this,I think we have some money coming,a TL deletion plus an apology in writing from the idiot that woke us from a dead sleep at 10 p.m one night.

The written apology isnt an option for them, this doesnt happen and we'll stick them with the max. allowed.