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LVNV ?

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Anonymous
Not applicable

LVNV ?

Sent LVNV a DV not to long ago. They responded with a copy of my sig on an app. No question that the debt is mine. So I called to settle. In the process of talking to their rep I obtained some information that bothers me. LVNV's rep admitted to me that the only time that they, LVNV, has sent me any communication was in response to my DV. The problem is that they reported it to all three CRA's before any communication from them or any third party collecting on their behalf. Even if LVNV purchases a debt and contracts it to some one else for collection, that does not give them authority to report before sending a dunning letter does it? The rep told me that they purchased the debt and reported to all three CRA's on 05/09/2013 then contracted it to a company called Track America for collection. Shouldn't have gone like this. They buy the debt, contract Track America. Track America sends a dunning notice, if I don't respond to the dunning notice it's placed on my credit reports? Sorry for the ramble! I'm new to this but I'm so far kicking butt. Raised my score 80 points in the last 2 months and don't want to slow down now. I want to buy my family a home!!! Thanks for any help! Smiley Happy

Message 1 of 5
4 REPLIES 4
Zorasmiles
Established Contributor

Re: LVNV ?


@Anonymous wrote:

Sent LVNV a DV not to long ago. They responded with a copy of my sig on an app. No question that the debt is mine. So I called to settle. In the process of talking to their rep I obtained some information that bothers me. LVNV's rep admitted to me that the only time that they, LVNV, has sent me any communication was in response to my DV. The problem is that they reported it to all three CRA's before any communication from them or any third party collecting on their behalf. Even if LVNV purchases a debt and contracts it to some one else for collection, that does not give them authority to report before sending a dunning letter does it? The rep told me that they purchased the debt and reported to all three CRA's on 05/09/2013 then contracted it to a company called Track America for collection. Shouldn't have gone like this. They buy the debt, contract Track America. Track America sends a dunning notice, if I don't respond to the dunning notice it's placed on my credit reports? Sorry for the ramble! I'm new to this but I'm so far kicking butt. Raised my score 80 points in the last 2 months and don't want to slow down now. I want to buy my family a home!!! Thanks for any help! Smiley Happy


Sig on an app isn't  the heart of debt validation.  Looks like LVNV put the cart before the donkey!!  Unfortunately, you may have rushed in pretty quick with your end goal in mind.  You can always contact the CFPB in regards to their tactics and hope LVNV will wipe it away to avoid being exposed for their practices.  Good luck.

FICO scores are your calling card to the business world. Build a negative reputation and those doors are hard to open, find that perfect balance of credit responsibility and those doors open when you desire them.
Message 2 of 5
Anonymous
Not applicable

Re: LVNV ?

I didn't admit to anything or even offer to settle. I started by asking questions about the debt in general and their rep just gave up all of the info really without me asking. I asked to speak to her supervisor, asked him questions to get conformation on what the first rep said Once he told me everything I politely told her I needed to research this debt and hung up.

Message 3 of 5
gdale6
Moderator Emeritus

Re: LVNV ?

If the CA/JDB places an entry into your CR it is construed as first contact and they would have needed to send you a dunning notice within 5 days of doing so, upon your reciept of the dunning notice you would then have had 30 days to send them a DV. They cannot report a monthly payment history like an OC can so if they are doing that you would have them on a violation. They have the right to hire anyone they want to collect if they are the legal owners of the debt, the only thing is they have to operate by the DoFD that is set by the OC.

Message 4 of 5
RobertEG
Legendary Contributor

Re: LVNV ?

There is no prohibition against reporting prior to sending dunning notice.

Stated differently, they can report at any time after obtaining collectino authority.

Dunning notice is only required to be sent within 5 days after they have made an initial communication with the consumer.

 

Case law supports an interpretation that reporting to a CRA triggers requiremnt to send dunning notice within 5 days thereafter, but that is a separate issue.

Lack of timely dunning notice can be pursued as a violation, but is not basis to have their reporting deleted.

 

Since they have provided validation, then they are no longer under any cease collection bar.

If deletion of the collection is your primary goal, then sending a pay for deletion offer is the usual step for attempting deletion of that reporting.

 

Message 5 of 5
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