LVNV tries to put same old collection on account

[Anonymous]

In a nutshell: disputed LVNV, got it deleted from all three credit reports. Today I get a letter stating they're collecting on the SAME ACCOUNT, plus they've recently received my "inquiry" on this account. (My what?) Is this illegal? I have all three updated reports from August 2008 showing the trade line was removed.

[Anonymous]

Deleted accounts can be reinserted.  They must notify you that it is being reinserted.  Just because a previous dispute caused it to be deleted (possibly due to response delay) does not mean it is dead or cannot resurface.

This can resurface in one of a few ways:

1.  Reinsert and notify you within 5 days of reinsertion.

2.  Sell account to another CA who then reports the collection

3.  Sue you for the collection, obtain judgement and enter a public record on your CR.

All of this is independent from the OC, who can report the account independently, though it should show as a charge off if sold to a CA.

QUESTIONS:

1.  Was this a legit collection?

2.  Did you pay it or settle it at the time it was deleted?

Message Edited by txjohn on 05-05-2009 08:27 AM

[Anonymous]

This debt is as valid as a three dollar bill. Sears hasn't been able to verify it either (they admit in writing they have no paperwork on it), yet they refuse to remove it from my credit report. (They told me I can wait two years for it to fall off.) And now this! What is going on with these people?

[Anonymous]

The debt is valid if it was your account and you failed to pay it.

The legal technicality of asking them to prove something you know to be true all ready is a completely different equation.

So I would restate as follows:  "The proof and verification of this debt is as valid as a three dollar bill."

Unless you are claiming you have no knowledge of, did not apply for, use or charge these amounts.  If you did, it is a valid debt.  Everything else is argument over paperwork.  You asking them to prove it may eventually get it removed prematurely (meaning prior to a natural 7 year drop).  But this has nothing to do with the debt being valid or invalid. 

I'm not trying to be argumentative, but I would like to establish correct factual information about what a debt is.  A debt is incurred when there is a meeting of the minds in which you accepted products or services and having agreed to pay for them on terms, whether in writing or verbal.  This is a legal debt.  If either party fails to honor the transaction agreement, proving the details is an entirely separate matter.

[Anonymous]

Actually, you *are* trying to be argumentative, and you're talking to me as if I have no idea what 'debt' is. This debt is invalid because it does not exist. It does not exist because I never had a Sears account. Sears admits they have no paperwork. LVNV admits they have no paperwork. You can't have paperwork on an account that does not exist. The three bureaus knew it, and that is why it no longer reports to my credit report. My question is what to do should they try to put it on again.

[Anonymous]

If they re-insert, the CRA is to take precautions and have a system in place to verify the information and the reporter must certify the informatin is correct and you must be notified.

If you have no account with Sears, I would start by filing a complaint with the BBB and the AG.

You can also file a police report, but it doesn't appear that Sears has actually stated that someone opened an account in your name, they simply have nothing.

[Anonymous]

intlschizo - you have my apologies if I have not provided information that is useful.  But i am not attempting to argue.  Prior to your last post it had not been established that this was a case of "Identity Theft" and fraud.

If I understand you correctly at this point:  this is not your account, you did not open it nor authorize it to be opened in your name and you did not use it nor authorize its use at any time. 

As such, you need to file a police report for ID Theft and Fraud.  You need to forward a copy of the police report to the OC (Sears) with your letter stating that the account in question is a case of ID Theft and to update their records and remove its association from your name and ss#.

If the account appears back on your CR at some point, you should forward a copy of the Police Report, you letter to the OC, dispute it with the CRA at that time and put a Fraud Alert on your file.  You can then follow up with the OC again, stating that they have continued to report a fraudulent account on your CR and that you request it be deleted entirely and that they update their system to acknowledge the the Fraud Alert and Police report and remove it from your name and SS# association in their records.

This would be how I would proceed with an ID Theft.  You probably want to get ScoreWatch or other monitoring service to alert you if and when something is reinserted.

[Anonymous]

Sorry for being rude, txjohn. We've been going back and forth on this for nearly two years, and it pisses me off that Sears can just shrug their shoulders, admit they have no paperwork on this trade line and STILL wreck my credit. Now I have to go and file a report for an account that was supposedly charged off in 2005. I won't be surprised if they laugh me out of the station.

[sunnyday]

I would highly recommend filing a police report.  Do not fool around with LVNV.  I REPEAT, do not fool around with LVNV.  They will file a judgement against you.  I know this because we went through the same thing with them.  They sent a collection stating they bought a debt that was supposedly my boyfriends as they state from Sears.  He disputed numerous times.  2 of the 3 credit bureaus deleted, but LVNV still tried to collect.  We asked for DV CMRRR.  Not only did they not send us DV but they slapped a judgement on him.  He had to go to court and because it was their word against his and he did not file a police report, the judge issued the judgement.  They will try to freeze your bank account in order for them to collect.  They are EXTREMLY RUTHLESS and the best thing you can do is to file a police report.  It will be your best friend when you get your summons to appear in court.