LVNV problems

[Anonymous]

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@creditbroke wrote:

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.

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Your damages will be those actually incurred including expenses and lost wages that resulted when taking time off to go to the bank to handle this issue.  There is also substantial emotional distress over possibly being reported to ChexSystems and repercussions from your bank for so many NSFs.

I'd probably settle for actual damages plus $1k plus TL deletion.

Although you may (I'm not sure though) have  FDCPA issue as well, I would not go that route since the CA can always have the issue removed to federal court and that would cause you considerable inconvenience and additional expense.  A simple tort for breach of contract is sufficient in your case to rake them over the coals.

When they do come to you for a settlement, make sure you get everything in writing.  They have already proven themselves less than credible (and honest) so you need to CYA.  Get all settlements in writing and do not -- ever -- dismiss your court case until they put the money in your hand.

I'd probably not push the written apology.  That would be akin to a written admission of liability that could, if not handled correctly, expose them to further liability down the road.  Consider their check a written apology. 

[creditbroke]

I just spoke with the manager I settled with and he isnt LVNV ,he is with CPC. And it was CPC that did the double withdrawls while collecting on LVNV's behalf.

His stance is that all the over drafts were a part of my settlement, I assured him that in no way did I agree to waive all those charges. And also told him my settlement receipt from him personally doesnt mention anything about the mistakes.

He got a little angry and told me I was just another person trying to egt money for nothing , and that he was the only person that tried to help me.

By his help he must mean doing his job, Settling the damn account so his incompotent staff couldnt do anymore damage to my checking account?

He tried to get me to agree to a few things.

1. That I agreed to let CPC withdrawl from my checking - I replied, I never authorized more than 1 withdrawl a month

2.That I agreed to waive all the bank charges I incurred from thier mistakes in my settlement- I replied, that I never waived any fee's and that my settlement document says nothing about my forgiving any debts.

3. That I was only interested in the reporting being deleted - I replied, thats not true

So ,nothing was gained by dealing with him again. He got really mad when I said -I look forward to meeting with your Attorney locally.

I've sent Dawn Anders-LVNV an email about this situation.

Looks like they arent going to be playing ball easily. Should I file against both LVNV and CPC?

I have no clue how to proceed.

[Anonymous]

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@creditbroke wrote:

I just spoke with the manager I settled with and he isnt LVNV ,he is with CPC. And it was CPC that did the double withdrawls while collecting on LVNV's behalf.

His stance is that all the over drafts were a part of my settlement, I assured him that in no way did I agree to waive all those charges. And also told him my settlement receipt from him personally doesnt mention anything about the mistakes.

He got a little angry and told me I was just another person trying to egt money for nothing , and that he was the only person that tried to help me.

By his help he must mean doing his job, Settling the damn account so his incompotent staff couldnt do anymore damage to my checking account?

He tried to get me to agree to a few things.

1. That I agreed to let CPC withdrawl from my checking - I replied, I never authorized more than 1 withdrawl a month

2.That I agreed to waive all the bank charges I incurred from thier mistakes in my settlement- I replied, that I never waived any fee's and that my settlement document says nothing about my forgiving any debts.

3. That I was only interested in the reporting being deleted - I replied, thats not true

So ,nothing was gained by dealing with him again. He got really mad when I said -I look forward to meeting with your Attorney locally.

I've sent Dawn Anders-LVNV an email about this situation.

Looks like they arent going to be playing ball easily. Should I file against both LVNV and CPC?

I have no clue how to proceed.

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Did you really expect him to roll over and play dead?  Seriously, CAs get threatened a hundred times a day and they know that few, if any, follow through.  Once they actually get served, then they start listening.

No judge in his right mind, absent a written agreement, will believe you agreed to accept bank fees as part of your settlement.  The man that told you they were is obviously brain damaged. 

Collect all your documentation and records of telephone conversations.  At the same time you file, also file a complaint with your state attorney general's office.  Unauthorized withdrawls from one's bank account is theft.

File against both LVNV and CPC.  LVNV failed to exercise reasonable supervision over their agent, CPC.  At this point you have warned them.  I would have no further contact with them until after they have been served and only then if they first reach out to you.  These people like to play little games and go back and forth over tiny little details that are, in the whole, insignificant.  Their purpose is to get you to trip up and then they do what they have already shown a tendency to do -- stretch things all out of proportion and rob you.  When they call you, tell them your attorney said you are not to talk with them.

Actually, if you hire an attorney you'd probably end up getting his fees paid as part of any settlement, but you couldn't do that in small claims court.  Still, an initial consulation with a local attorney is ALWAYS a good idea.

[creditbroke]

I will file tomorrow morning.

[creditbroke]

I field against LVNV and Central Portfolio Control.

This claim results from: LVNV failing to exercise reasonable supervision over their agent CPC. Breach of contract resulting in an extensive amount of bounced checks,loss of 10 year checking account,and other damages.

It cost $86 to file , its set for April 23.

They will be served certified mail.

[Anonymous]

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@creditbroke wrote:

I field against LVNV and Central Portfolio Control.

This claim results from: LVNV failing to exercise reasonable supervision over their agent CPC. Breach of contract resulting in an extensive amount of bounced checks,loss of 10 year checking account,and other damages.

It cost $86 to file , its set for April 23.

They will be served certified mail.

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Once they get served they might call you to settle. 

[Anonymous]

Congrats on filing, creditbroke.  LVNV are scum.  Fingers crossed for you.

[creditbroke]

O6 , considering their completely wrong, I would think they will call with some type offer. I'll buy you and Robert a steak dinner on LVNV.

If they dont call and make a reasonable offer,I will do this.

Collect all bank statements.

Collect a notorized statement from the bank employee who tried to block CPC from making any more withdrawls.

File with the attorney generals office for withdrawing when they were told absolutely never again--bank employee as a witness to my attempt to stop them.

Collect as much information about time spent dealing with the issues, like wife leaving work early to get to the bank.

And for damages,since they took us to over -$800 a week before xmas let the kids who had a crappy xmas say a few words about how it affected us?

Dumbasses should have just dealt with me over the phone.

And thanks Cakegirl, they arent very willing to admit they screwed up either.

[Anonymous]

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@creditbroke wrote:

O6 , considering their completely wrong, I would think they will call with some type offer. I'll buy you and Robert a steak dinner on LVNV.

If they dont call and make a reasonable offer,I will do this.

Collect all bank statements.

Collect a notorized statement from the bank employee who tried to block CPC from making any more withdrawls.

File with the attorney generals office for withdrawing when they were told absolutely never again--bank employee as a witness to my attempt to stop them.

Collect as much information about time spent dealing with the issues, like wife leaving work early to get to the bank.

And for damages,since they took us to over -$800 a week before xmas let the kids who had a crappy xmas say a few words about how it affected us?

Dumbasses should have just dealt with me over the phone.

And thanks Cakegirl, they arent very willing to admit they screwed up either.

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Totally agree.  They should have dealt with it while they had the cheaper chance.  Unfortunately, that's usually not the way these people operate.

If it comes down to a hearing, collect everything you've mentioned plus all notes that you made of the repayment agreement and telephone conversations. 

Prepare a nice step-by-step scenario of everything that happened and be sure to emphasize what this has cost you -- both in terms of $$, but also distress and time.  Also emphasize that the CA was not only negligent, but even after you pointed out their error and they agreed to fix it, they went and illegally accessed your bank account again -- extreme negligence.  Refer to this when the judge asks you for your version of what happened.

You never know what a judge will do, but this one seems pretty much open & shut. 

Good luck!

[creditbroke]

I got a call from a lawyers assitant. He actually had to have me spell my wifes name so he could find her account in the LVNV database. I wanted to be an *** and tell him I cant do his job for him, but I helped him locate her file.

Was helping them a mistake O6?